BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 857 (Fong) - Initiatives: Petition Circulators
Amended: August 12, 2013 Policy Vote: E&CA 4-1
Urgency: No Mandate: Yes
Hearing Date: August 19, 2013
Consultant: Maureen Ortiz
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 857 makes several changes to initiative
signature gathering procedures relating to qualification
requirements for the state ballot.
Fiscal Impact:
Approximately $50,000 to Secretary of State for revising
regulations (General Fund)
Unknown, probably not substantial, costs to local county
election officials (General Fund)
Background: The initiative process is used by the voters to
propose new statutes, changes to existing law, 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.
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 by a volunteer, and
that voters have the right to ask if a petition circulator is a
paid gatherer or volunteer.
Proposed Law: AB 857 contains the following provisions:
a) Requires at least 20% of the signatures that are required to
qualify an initiative measure to be solicited by a person who
does not receive money for signature gathering; and requires the
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county elections official to determine the number of signatures
that were submitted by unpaid circulators.
b) Requires initiatives circulated by volunteers to be printed
on white paper with a contrasting ink color, and requires those
circulated by paid individuals to be printed on paper that is a
color other than white with a contrasting ink color.
c) Provides local election officials with two additional days
(10 up from the current 8 day requirement) to determine the
total number of signatures affixed to a petition; and an
additional 5 days (35 days up from the current 30 day
requirement) to determine that a petition has received a
sufficient number of signatures.
d) Contains Legislative Intent to do the following: 1)
preserve and protect the integrity of California's initiative
process, 2) ensure that initiative petitions have sufficient
public support from informed voters, and 3) protect access to
the initiative process and preserve the constitutional right of
voters to engage in direct democracy.
e) Requires initiatives circulated by paid signature gatherers
to include the following statement in 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."
f) Requires initiatives to contain an additional disclosure in
14-point boldface type informing voters of the name of the
political committee that has paid for the circulation, and the
names of donors who had contributed $50,000 or more during the
preceding six months.
g) Revises the existing declaration of the person soliciting
signatures that is attached to the initiative or referendum to
state that the initiative is being circulated by a volunteer (if
that is the case) and that the signatures attached should be
counted toward the 20 percent minimum requirement.
h) Requires the Secretary of State to enact regulations
pursuant to the provisions in this measure.
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i) Excludes individuals who are an employee or a member of a
nonprofit organization and who are paid by the nonprofit
organization as part of their employment from the "paid
signature gatherer" provisions - unless the primary purpose of
that employment is to gather signatures on an initiative
petition.
j) 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.
k) Provides that signatures solicited through direct mail do
not count toward the 20 percent requirement, unless as
specified.
l) Provides that nominal benefits other than money, such as
food, transportation or lodging, do not preclude that individual
from soliciting signatures as a volunteer.
m) 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.
Staff Comments: Existing law requires that in order for a
measure to qualify to be placed before the voters in California
on a statewide ballot, there must be sufficient signatures as
follows: a) an initiative measure must have at least 5% of the
total votes cast for the office of Governor during the preceding
gubernatorial election, and b) a proposed constitutional
amendment must have at least 8% of the total votes cast for the
last election for Governor.
AB 857 will prohibit an initiative from qualifying for the
statewide ballot based solely on signatures collected by
individuals paid to circulate that petition.
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