BILL ANALYSIS                                                                                                                                                                                                    Ó






                           SENATE COMMITTEE ON ELECTIONS 
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   AB 857              HEARING DATE: 7/2/13
          AUTHOR:    FONG                ANALYSIS BY:  Frances Tibon  
          Estoista
          AMENDED:   6/26/13
          FISCAL:    YES
          
                                        SUBJECT
           
          Initiatives:  petition circulators
                                      DESCRIPTION  
          
           Existing law  allows electors to propose statutes and amendments  
          to the Constitution and to adopt or reject them through the  
          initiative process.

           Existing law  requires that a state or local initiative petition  
          contain a notice alerting voters that the petition may be  
          circulated by a paid signature gatherer or a volunteer, and that  
          voters have the right to ask if a petition circulator is a paid  
          gatherer or volunteer.

           Existing law  establishes penalties for fraudulent activity  
          related to signature gathering.

           This bill  makes numerous significant changes to provisions of  
          state law governing initiatives and referenda.  Specifically,  
           this bill  :

           1)  Requires at least 20 percent of the signatures needed to  
              qualify a proposed state initiative measure for the ballot  
              to be collected by individuals who did not receive money or  
              other valuable consideration exclusively or primarily for  
              the specific purpose of soliciting signatures of electors on  
              the petition, as specified ("20 percent requirement").

           a)  Provides that signatures on a petition qualify toward  
              meeting the 20 percent requirement if they are collected by  
              a person who: 1) is an employee or member of a non-profit  
              organization, other than an organization in the business of  
              soliciting signatures on initiative petitions, 2) who  
              receives money or other valuable consideration from the  









              organization and as part of that employment or membership  
              solicits signatures for the qualification of an initiative  
              measure, unless a primary purpose of that employment or  
              membership is to solicit signatures on an initiative  
              petition.  Defines "member" for the purposes of this  
              provision.

           b)  Provides that signatures solicited by registered voters or  
              employees of a political party who receive money or other  
              valuable consideration from the political party for  
              soliciting signatures on an initiative petition do not  
              qualify toward meeting the 20 percent requirement.































          AB 857 (FONG)                                                     
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           c)  Provides that signatures solicited through direct mail do  
              not count towards the 20 percent requirement unless the  
              person soliciting the signatures through direct mail, and  
              every other person who organizes, pays, or arranges for the  
              direct mail, is eligible to solicit signatures that qualify  
              toward meeting the 20 percent requirement, as described  
              above.  Provides that this provision shall not preclude an  
              organization that has a primary purpose other than  
              soliciting signatures on initiative petitions from  
              soliciting signatures from its members through direct mail  
              and relying on those signatures for the purposes of  
              satisfying the 20 percent requirement.

           d)  Provides that nothing in this bill shall be construed to  
              preclude signatures that are solicited by a person who  
              receives nominal, non-monetary benefits, including food,  
              transportation, or lodging, from qualifying toward meeting  
              the 20 percent requirement.

           2)  Notwithstanding existing law, requires each proposed  
              initiative measure to also include on the first page of each  
              section of the petition the circulating title prepared by  
              the AG, placed in the one-inch space across the top of the  
              page in 18-point roman boldface type.

           3)  Requires a petition for a proposed initiative measure that  
              is circulated by a person who does not receive money or  
              other valuable consideration for the purpose of soliciting  
              signatures of electors to be printed on white paper in a  
              contrasting color ink.

           4)  Requires a petition for a proposed initiative measure that  
              is circulated by a person who receives money or other  
              valuable consideration for the purpose of soliciting  
              signatures of electors to be printed on paper of a color  
               other  than white in a contrasting color ink.

           5)  Requires a petition for a proposed initiative measure that  
              is circulated by a person such that it will not qualify  
              toward meeting the 20 percent requirement to include all of  
              the following:

           a)  Immediately prior to the portion of the petition for  
              voters' signatures, the following language printed in  
          AB 857 (FONG)                                                     
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              18-point boldface type:

               "NOTICE TO THE PUBLIC:  THIS PETITION IS BEING CIRCULATED  
              BY A PERSON PAID TO OBTAIN YOUR SIGNATURE.  YOU ARE  
              ENCOURAGED TO READ THE CONTENTS OF THIS PETITION BEFORE  
              SIGNING."

           b)  Immediately following the notice identified above, a  
              disclosure statement, in 14-point boldface type, that  
              includes the following language:

           "The political committee paying for this petition to be  
              circulated is (insert full name of committee as registered  
              with the Secretary of State (SOS)).

           The following donors have contributed $50,000 or more to the  
              (insert full name of committee as registered with the SOS)  
              within six months of the printing of this petition: (insert  
              name of each of the top three donors who have contributed  
              $50,000 or more and, if an individual, his or her occupation  
              and the identity of his or her employer)."

           c)  Requires, if the information for the disclosure statement  
              changes, that the statement be updated within 14 days.

           d)  Provides that failure to include the disclosure statement  
              does not constitute grounds for an elections official to  
              refuse to receive or file an initiative petition, nor render  
              invalid any signature on an initiative petition.

           6)  Requires a person who solicits signatures on a petition  
              that qualify toward meeting the 20 percent requirement to  
              sign an affidavit that declares all of the following:

           a)  That the person did not receive money or other valuable  
              consideration for the specific purpose of soliciting  
              signatures of electors pursuant to the requirements of this  
              bill;

           b)  That to the best of his or her knowledge, the signatures on  
              the petition sections circulated by him or her should be  
              counted towards the 20 percent requirement;

           c)  If the person is not a resident of the state, a statement  
          AB 857 (FONG)                                                     
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              that he or she consents to the jurisdiction of the state and  
              service of process for any legal action for the purposes of  
              an investigation or prosecution by any state or local agency  
              regarding the validity of the signatures submitted by that  
              person.

           7)  Makes corresponding changes to the process for elections  
              officials to verify signatures submitted on a state  
              initiative petition.

           8)  Requires each section of a petition for a proposed state  
              initiative measure that is circulated by a person such that  
              it does not qualify toward the 20 percent requirement to  
              include the unique identifier of that circulator.

           9)  Repeals a requirement that a person must be a voter or  
              qualified to register to vote in the state in order to  
              circulate an initiative or referendum petition.

           10) Defines the term "professional petition firm" (PPF) as a  
              business that is created and maintained for the exclusive or  
              primary purpose of paying individuals, directly or  
              indirectly, to circulate initiative and referendum petitions  
              for the purpose of gathering signatures to qualify an  
              initiative or referendum measure for a state election  
              ballot.  Further requires the PPF to provide training to  
              each person hired or retained directly or indirectly, to  
              circulate an initiative or referendum petition, individually  
              or in a group, and specifies what is included in the  
              training.

           11) Requires the PPF to register annually with the SOS.  The  
              registration form shall include the full name, address, and  
              partners, owners, or officers of the firm, and shall be  
              accompanied by a registration fee established by the SOS.

           12) Requires the SOS to adopt regulations providing procedures  
              for registration, including the denial and revocation of  
              registration.  Further requires the SOS to use the  
              registration fees collected to maintain a directory of  
              professional petition firms on his or her Internet Web site  
              and to defray any costs associated with the requirements of  
              this section.

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           13) Prohibits a PPF from hiring, retaining, or otherwise  
              compensating a person directly or indirectly for soliciting  
              signatures on an initiative or referendum petition if the  
              person has been convicted, within the past 10 years, of a  
              misdemeanor or felony offense in violation of the Elections  
              Code, or a felony involving fraud, forgery, or  
              identification theft.

           14) Requires a PPF to obtain a statement, signed under penalty  
              of perjury, from each paid circulator that it employs that  
              includes all of the following:

           a)  The person's name, residential address, signature,  
              photograph, and a list of the petitions for which the person  
              will solicit signatures;

           b)  If the person has been convicted of a criminal offense  
              involving fraud, forgery, identification theft, or a  
              violation of the Elections Code, information relating to the  
              circumstances of the conviction, as required by the SOS;

           c)  A statement that the person has read and understands the  
              applicable laws pertaining to the soliciting of signatures  
              for an initiative or referendum measure, and proof that the  
              person has completed the required training; and,

           d)  If the person is not a California resident, a statement  
              that he or she consents to the state's jurisdiction and  
              service of process for the purposes of an investigation or  
              prosecution.

           15) Requires a PPF to assign a unique seven-digit  
              identification number to each circulator, as specified, and  
              to provide the name and identification number of each  
              circulator to the SOS within 14 days of the date that the  
              circulator executed the statement described above.  Requires  
              a PPF to retain copies of each circulator's statement for  
              not less than two years after the petition is filed or two  
              years after the deadline for submission of the petition to  
              the elections official, whichever is later.  Permits the SOS  
              to inspect these records.

           16) Requires each circulator hired by a PPF to wear a badge  
              provided by the PPF in a conspicuous place while soliciting  
          AB 857 (FONG)                                                     
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              signatures on petitions.  Requires the badge to contain the  
              person's photograph and identification number.

           17) Requires the SOS to revoke the registration of a PPF that,  
              in the course of circulating or hiring individuals to  
              circulate an initiative or referendum petition, engages in  
              fraud, misrepresentation, or other specified conduct  
              prohibited by the Elections Code.

           18) Provides that if a person who was required to be trained  
              and certified pursuant to this bill was not trained and  
              certified at the time he or she solicited signatures on a  
              petition, the signatures presented on the petitions or  
              sections of the petition circulated by that person shall not  
              count toward qualifying that measure for the ballot.

           19) Requires a PPF who pays a circulator for the specific  
              purpose of soliciting signatures of electors on a petition  
              to keep detailed accounts as specified.  Provides that  
              "accounts," for these purposes, means all of the following:

           a)  Contracts entered into for the specific purpose of  
              soliciting signatures on a petition;

           b)  Employment manuals and training materials provided to  
              petition circulators;

           c)  Payroll records for each petition circulator showing hours  
              worked, number of signatures collected, and amounts paid;

           d)  Records identifying the amount and purpose of payments  
              received from a proponent or from any other person who pays  
              the PPF for signatures on a petition; and,

           e)  Copies of petition sections circulated by registered  
              circulators.

           20) Permits the SOS to review the accounts of PPFs.

           21) Provides that if PPF does not produce accounts upon demand  
              of the SOS, there is a rebuttable presumption that the  
              signatures were gathered in violation of the law and cannot  
              be used to qualify the measure for the ballot.  Prohibits  
              the PPF from soliciting additional signatures on the  
          AB 857 (FONG)                                                     
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              petition until the PPF makes the accounts available to the  
              SOS for inspection.

           22) Provides that a state initiative or referendum petition  
              section is invalid if the signatures are solicited and  
              submitted by a person who engages in fraud,  
              misrepresentation, or other illegal conduct concerning the  
              circulation of the petition, as specified.  Provides that  
              the SOS or any elector may enforce this provision by a civil  
              action in which the plaintiff has the burden of showing a  
              violation by clear and convincing evidence. 

           23) Makes various findings and declarations about the  
              initiative process and the influence that special interests  
              and paid circulators have on that process.

           24) Makes corresponding changes.

                                      BACKGROUND  
          
          The initiative is the power of the people of California to  
          propose statutes and to propose amendments to the California  
          Constitution.  Generally, any matter that is a proper subject of  
          legislation can become an initiative measure; however, no  
          initiative measure addressing more than one subject area may be  
          submitted to the voters or have any effect.  An initiative  
          measure is placed on the ballot after its proponents  
          successfully satisfy the requirements prescribed by law.

                                       COMMENTS  
          
            1. According to the Author  :  In 1911, as part of the  
             Progressive movement, California voters amended the state  
             Constitution to reserve for themselves the power of the  
             initiative, because powerful, out-of-state interests  
             exercised a corrupting influence over state politics.

           Unfortunately, over the last 30 years, the original intent of  
             the initiative process has been undermined, and the  
             initiative has become one of the favorite tools of  
             well-financed special interest groups.  Voters recognize that  
             the ability of an initiative's proponents to gather the  
             necessary signatures to qualify a measure for the ballot is  
             not necessarily a function of whether there is broad-based  
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             community support for a proposed measure, as originally  
             intended, but rather can depend on the amount of money that a  
             proponent is willing to spend to place the proposal on the  
             ballot

           When the initiative process was first created, it was  
             envisioned that petitions would be circulated by volunteers  
             and grassroots organizations that supported the proposed law.  
              But in the late 1970s, the signature gathering process  
             became a professional undertaking, and a number of  
             professional signature gathering firms were created.  Since  
             the 1990s, most initiative measures have relied primarily on  
             paid signature gatherers to qualify for the ballot, and no  
             state initiative measure has qualified for the ballot using  
             only volunteer signature gatherers since 1990.

           At the same time, proposed initiative measures with true  
             grassroots support have continued to have success in  
             collecting large numbers of signatures using volunteer  
             signature gatherers.  In 2008, proponents of Proposition 2  
             gathered half a million signatures using volunteer signature  
             gatherers.

           AB 857 preserves the original intent of the initiative process  
             by ensuring that proposed initiative measures have  
             broad-based community support in order to qualify to appear  
             on the ballot.  To achieve that goal, AB 857 requires at  
             least 20 percent of the signatures gathered to qualify a  
             state initiative for the ballot to be collected by grassroots  
             signature gatherers.  Additionally, AB 857 helps ensure that  
             measures do not qualify for the ballot due to fraudulent  
             activity by signature gatherers by prohibiting fraudulently  
             collected signatures from being used to qualify a measure for  
             the ballot.  Finally, AB 857 helps protect the integrity of  
             the initiative process by requiring professional petition  
             firms to train their employees and to register with the  
             Secretary of State, and by prohibiting people convicted of  
             fraud or other elections crimes from being paid to collect  
             signatures on initiative petitions for a period of ten years.

            2. 20 Percent Signature Requirement  :  Under the provisions of  
             this bill, in order for a state initiative measure to qualify  
             for the ballot, at least 20 percent of the signatures  
             gathered on the petition for that measure would have to be  
          AB 857 (FONG)                                                     
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             collected on petition sections that were circulated by a  
             person who does not receive money or other valuable  
             consideration exclusively or primarily for the specific  
             purpose of soliciting signatures of electors on the petition,  
             as specified.  This "20 percent requirement" does not apply  
             to state referendum or recall petitions, nor does it apply to  
             local initiatives, referenda, or recalls.

           While signatures collected by volunteers will count toward  
             meeting this 20 percent requirement, the language of the bill  
             does not require the signatures to be gathered by volunteers  
             in order to qualify to meet the 20 percent requirement.   
             Instead, in certain circumstances, signatures collected by  
             individuals who were paid for their time could count toward  
             meeting the 20 percent requirement provided that the person  
             wasn't paid exclusively or primarily for the specific purpose  
             of soliciting signatures.  This bill provides that signatures  
             will count toward the 20 percent requirement if they are  
             collected by employees and members of nonprofit organizations  
             who receive compensation from that organization and solicit  
             signatures as a part of their employment or membership, as  
             long as the nonprofit organization is not primarily focused  
             on soliciting signatures on petitions.  In the case of  
             signatures solicited by direct mail, those signatures would  
             apply toward the 20 percent requirement if the person  
             soliciting the signatures through direct mail and all persons  
             that organize, pay for, and arrange the direct mail are  
             persons who were eligible to solicit signatures that counted  
             toward the 20 percent requirement.  Additionally, signatures  
             solicited by direct mail would count toward the 20 percent  
             requirement if they are collected by an organization that is  
             soliciting signatures through direct mail from its members,  
             as long as the organization has a primary purpose other than  
             collecting signatures.

           In 1988, the United States Supreme Court ruled that a Colorado  
             prohibition against the use of paid circulators for  
             initiative petitions violated the First Amendment's guarantee  
             of free speech. Writing for a unanimous court, Justice  
             Stevens noted that "[t]he State's interest in protecting the  
             integrity of the initiative process does not justify the  
             prohibition because the State has failed to demonstrate that  
             it is necessary to burden appellees' ability to communicate  
             their message in order to meet its concerns."   Meyer v. Grant   
          AB 857 (FONG)                                                     
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             (1988), 486 U.S. 414.  It could be argued that the 20 percent  
             requirement imposed by this bill could be susceptible to a  
             court challenge in light of the United States Supreme Court's  
             ruling in  Meyer  .  However, the 20 percent requirement in this  
             bill is distinguishable from the law struck down in  Meyer  in  
             a number of different ways, and thus may be more likely to  
             withstand constitutional scrutiny.

           Unlike the law considered by the court in  Meyer  , the 20 percent  
             requirement in this bill does not apply to all signatures  
             gathered to qualify a measure for the ballot, but only a  
             portion of the signatures.  Furthermore, as discussed above,  
             the signatures that are gathered to meet that 20 percent  
             requirement do not necessarily have to be collected by  
             individuals who are unpaid if they are gathered by members  
             and employees of a nonprofit organization in furtherance of  
             that nonprofit's objectives.  These provisions are designed  
             to help ensure that initiative measures that qualify for the  
             ballot have sufficient grassroots support, while still  
             providing significant flexibility for proponents of  
             initiative measures to gather the necessary number of  
             signatures.

           Additionally, there is reason to believe that changes in the  
             initiative process since the  Meyer  decision may undercut a  
             key rationale used by the court in striking down Colorado's  
             law.  The  Meyer  court held that Colorado's interest in making  
             sure that an initiative had sufficient grassroots support to  
             be placed on the ballot did not justify the prohibition on  
             the use of paid signature gatherers because it found that  
             interest was "adequately protected by the requirement that no  
                                          initiative proposal may be placed upon the ballot unless the  
             required number of signatures has been obtained."  But this  
             bill questions whether the signature requirement, in and of  
             itself, still serves as a sufficient barometer of grassroots  
             support for a measure, finding that "[d]ue to the growth of  
             paid signature gathering, the presence of an initiative  
             measure on the ballot is no longer necessarily viewed as an  
             expression of a minimum amount of public support but, rather,  
             often is the result of a special interest willing to pay a  
             sufficient number of petition circulators to qualify the  
             initiative measure for the ballot."  Research in 2008 by the  
             now-closed Center for Governmental Studies (CGS) supports  
             these findings, suggesting that over time, the signature  
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             requirement has morphed from being a measure of the level of  
             grassroots support for an initiative to instead being a  
             measure of the amount of money that proponents are willing to  
             spend to qualify a measure for the ballot.  In its 2008  
             report, "Democracy by Initiative: Shaping California's Fourth  
             Branch of Government, Second Edition," CGS wrote:

           For the last few decades, the most important factor determining  
             whether an initiative will qualify for the ballot has been  
             the amount of money spent on petition circulation. In the  
             late 1970s, a gap began to grow between the amount of money  
             spent on successful and unsuccessful attempts to qualify  
             initiatives.  Prior to the upsurge in ballot qualification  
             costs that began with the 1978 general election, expenditures  
             on petition circulation for both successful and unsuccessful  
             efforts were reasonably close.

           While expenditures on unballoted initiatives have barely risen,  
             the amount of money spent on successful qualification efforts  
             has increased exponentially. In the early 1990s, ballot  
             qualification could reasonably be assured at a cost of  
             $500,000 and guaranteed at a price tag of $1 million or more.  
              Some initiatives had managed to qualify spending less, and,  
             throughout the entire history of California's initiative  
             process, only two initiative proposals that spent as much as  
             $500,000 on qualification efforts failed to make it to the  
             ballot.  Proponents of 10 of the 50 balloted initiatives from  
             1984 through 1990 spent under $500,000 for qualification,  
             while 24 campaigns spent over $1 million.  By contrast, the  
             vast majority of the 39 campaigns for balloted initiatives  
             between 2000 and 2006 spent more than $1 million on  
             qualification, and 16 spent over $2 million.  The fact that  
             ballot access can be so reliably measured in terms of dollars  
             rather than degree of public concern clearly runs counter to  
             the original intent of the initiative process?. Money, rather  
             than breadth or intensity of popular support, has become the  
             primary threshold for determining ballot qualification.

            3. Registration and Training of Paid Signature Gatherers &  
             Badge Requirement  :  This bill requires PPFs to register with  
             the SOS and to train their employees pursuant to regulations  
             adopted by the SOS.  The training program would focus  
             primarily on instructing circulators about the requirements  
             of state law when circulating petitions, while the  
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             registration requirements appear to be designed primarily to  
             assist in the enforcement of this bill and of other  
             provisions of state law.  This bill additionally requires  
             employees of a PPF, when circulating a petition, to wear a  
             badge that contains the person's photograph and unique  
             identifying number.

           In 1999, the United States Supreme Court examined a Colorado  
             law that provided a number of restrictions on the signature  
             collection process for ballot initiatives.  In that case the  
             court ruled that there must be a compelling state interest to  
             justify any restrictions on initiative petition circulation.   
              Buckley v. American Constitutional Law Foundation  (1999), 525  
             U.S. 182.

           In  Buckley  , the court invalidated Colorado's requirement that  
             paid petition circulators wear badges identifying themselves  
             and identifying that they are paid circulators.  The court  
             stated that the requirement to wear badges inhibits  
             participation in the petitioning process.  "Because the badge  
             requirement compels personal name identification at the  
             precise moment when the circulator's interest in anonymity is  
             greatest, it does not qualify for inclusion among 'the more  
             limited [election process] identification requirement[s]."   
             The  Buckley  court did not rule on the validity of the  
             requirement that a circulator wear a badge stating whether a  
             petition circulator was paid or a volunteer.

           It could be argued that this bill's requirements for certain  
             circulators to wear a badge could be susceptible to a court  
             challenge in light of the ruling in  Buckley  .  Unlike the  
             badge required by the Colorado law at issue in  Buckley  ,  
             however, the badge required by this bill does not "compel  
             personal name identification," or otherwise compromise the  
             anonymity of the circulator because it does not require the  
             circulator's name to appear on the badge.  Instead, the badge  
             would contain a photograph of the circulator and unique  
             identifying number.  Requiring circulators to wear this badge  
             can help facilitate enforcement of this bill's provisions and  
             of existing law by allowing voters who are asked to sign a  
             petition to verify that the person circulating the petition  
             has been trained in accordance with the law, and to report  
             any misconduct by petition circulators by referencing the  
             registration number of a circulator who violates the law.   
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             Because the badge required by this bill helps facilitate  
             enforcement of the state's laws governing the initiative  
             process while maintaining the anonymity of the circulator,  
             the badge requirement in this bill would appear to be on  
             firmer ground than the badge requirement in question in  
              Buckley  .

            4. Invalidation of Signatures  :  Existing law generally is  
             silent on the issue of whether violations of state law  
             prohibiting improper signature-gathering tactics will result  
             in the signatures on those petitions being invalidated.  In  
             at least one case, however, a court invalidated signatures  
             gathered to qualify an initiative for the ballot due to  
             improper signature-gathering tactics by the proponents of the  
             measure.  In  San Francisco Forty-Niners v. Nishioka  (1999),  
             75 Cal.App.4th 637, the California Court of Appeals for the  
             First District, Division One, prohibited an initiative  
             measure from appearing on the ballot because the initiative  
             petition included false statements intended to mislead  
             voters, in violation of Section 18600 of the Elections Code.   
             In this case, the false statements appeared on the text of  
             the petition itself.  As a result, every person who was asked  
             to sign the petition was exposed to these false statements  
             that were intended to mislead voters.

           In a case where petition circulators make false or misleading  
             statements about a proposed ballot measure, or engage in  
             other illegal signature-gathering tactics in an attempt to  
             get voters to sign a petition, it is unclear whether that  
             misconduct can result in signatures being invalidated.   
             Committee staff is not aware of any court cases that have  
             addressed this issue.

            5. Non-Resident Circulators  :  In 2008, the United States Court  
             of Appeals for the Ninth Circuit ruled in  Nader v. Brewer   
             (2008), 531 F.3d 1028, that it was unconstitutional for  
             states to prevent non-residents from circulating petitions.   
             In 2009, the United States Supreme Court declined to hear the  
             case on appeal, so the Ninth Circuit opinion still stands.

           In the latter half of 2012, a number of California counties  
             were sued because their county clerks were allegedly  
             enforcing state laws that prevent non-Californians from  
             circulating initiatives and/or nomination papers.
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           In light of the court's ruling in  Nader  , this bill repeals a  
             requirement that a person must be qualified to register to  
             vote in the state in order to circulate an initiative or  
             referendum petition in the state.  To help facilitate  
             enforcement of the law in the case of circulators that are  
             not residents of California, this bill requires non-residents  
             to sign a declaration consenting to the jurisdiction of the  
             state and to service of process for any legal action for the  
             purposes of an investigation or prosecution by any state or  
             local agency

            6. Related Legislation  :  SB 477 (Steinberg), which is pending  
             in the Senate Rules Committee, declares the intent of the  
             Legislature to enact legislation to prohibit a political  
             campaign committee from accepting large contributions for  
             supporting the qualification of a statewide initiative ballot  
             measure until the committee has first received a significant  
             number of small individual contributions made for the same  
             purpose, thereby demonstrating a sufficient degree of public  
             support for the proposed initiative measure.

           AB 400 (Fong), which is pending on the Assembly Floor, requires  
             an initiative, referendum, or recall petition that is  
             circulated by a paid circulator to include a statement  
             identifying the five largest contributors in support of the  
             measure.

            7. Previous Legislation  :  SB 334 (DeSaulnier) of 2011, would  
             have required the state ballot pamphlet for an election to  
             include a list of the five highest contributors of $50,000 or  
             more to each primarily formed committee supporting and  
             opposing the ballot measures that would appear on the ballot  
             at that election.  SB 334 was vetoed by Governor Brown, who  
             expressed concern that the cutoff date for including  
             contributors in the ballot pamphlet in order to comply with  
             printing deadlines could "mislead voters about the true  
             supporters and opponents of a ballot measure."

           AB 651 (Hueso) of 2011, would have required all professional  
             petition firms, as defined, to register with the SOS, and to  
             review the law relating to obtaining petition signatures with  
             each paid petition circulator before the circulator could  
             obtain signatures for the firm.  AB 651 was vetoed by  
          AB 857 (FONG)                                                     
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             Governor Brown, who stated that he was "not convinced that  
             these new requirements are needed or would improve the  
             initiative process."

           AB 2946 (Leno) of 2006, would have provided that any signatures  
             collected in violation of any provision of state law relating  
             to the circulation of a statewide initiative, referendum, or  
             recall petition shall be invalid and shall not count towards  
             qualification of the initiative, referendum, or recall, among  
             other provisions.  AB 2946 was vetoed by Governor  
             Schwarzenegger, who argued that it would "allow legal  
             technicalities to thwart the will of hundreds of thousands of  
             Californians who choose to sign initiative petitions."

                                     PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Appropriations Committee:           12-5
          Assembly Floor:                              53-24
                                           
                                      POSITIONS  

          Sponsor: California Labor Federation, Co-Sponsor
                   California Professional Firefighters, Co-Sponsor
                    
           Support: California Conference Board of the Amalgamated Transit  
                   Union
                    California Conference of Machinists
                    California Teamsters Public Affairs Council
                    California School Employees Association (CSEA),  
                   AFL-CIO
                    Communications Workers of America District 9 
                    Engineers and Scientists of California
                    International Longshore & Warehouse Union
                    Laborers' International Union of North America Locals  
                   777 and 792
                    Professional & Technical Engineers, Local 21
                    San Mateo County Central Labor Council
                    United Food and Commercial Workers Union, Western  
                   States Council
                    UNITE HERE!
                    Utility Workers Union of America, Local 132

           Oppose:  Howard Jarvis Taxpayers Association
          AB 857 (FONG)                                                     
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          AB 857 (FONG)                                                     
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