BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1405
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          Date of Hearing:   April 30, 2013

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
             AB 1405 (Committee on Judiciary) - As Introduced:  March 12,  
                                        2013
           
          SUBJECT  :   SUBVERSIVE ORGANIZATION REGISTRATION LAW:  REPEAL

           KEY ISSUE  :  SHOULD THE ANTIQUATED, INEFFECTIVE, AND LIKELY  
          UNCONSTITUTIONAL WORLD WAR II ERA STATUTE KNOWN AS THE  
          SUBVERSIVE ORGANIZATION REGISTRATION LAW BE REPEALED?

           FISCAL EFFECT  :  As currently in print this bill is keyed fiscal.

                                      SYNOPSIS
          
          This non-controversial Committee bill seeks to repeal the World  
          War II era Subversive Organization Registration Law (SORL).   
          Under the SORL, a "subversive organization" is defined as a  
          group of at least two persons which advocates for the violent  
          overthrow of the government, or that is subject to "foreign  
          control," as defined.  Among other things, the SORL requires  
          subversive organizations to file with the Secretary of State  
          information identifying the times and places of its meetings,  
          the names of its officers and members, and copies of any  
          literature that it distributes to its members or that its  
          members distribute to others.  The SORL should be repealed  
          because it is likely unconstitutional, contains vague language  
          that creates the potential for abuse against some organizations,  
          and has been demonstrated to be both unutilized and completely  
          ineffective in nature.  The bill is supported by the ACLU, who  
          also shares concerns about the constitutionality of the SORL,  
          and it has no known opposition.

           SUMMARY  :   Repeals the Subversive Organization Registration Law  
          (Title 5 of the Corporations Code, commencing with Section  
          35000) in its entirety. 

           EXISTING LAW,  the Subversive Organization Registration Law:   

          1)Defines "subversive organization" to mean every corporation,  
            association, society, camp, group, bund, political party,  
            assembly, and everybody or organization composed of two or  
            more persons or members, which either:








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             a)   Directly or indirectly advocates, advises, teaches, or  
               practices, the duty, necessity, or propriety of  
               controlling, conducting, seizing, or overthrowing the  
               Government of the United States, of this State, or of any  
               political subdivision thereof by force or violence.

             b)   Is subject to foreign control, as defined.   
               (Corporations Code Section 35002.  Unless otherwise stated,  
               all further references are to this code.)

          2)Provides that an organization is "subject to foreign control"  
            if it comes within either of the following descriptions:

             a)   It solicits or accepts financial contributions, loans,  
               or support of any kind directly or indirectly from, or is  
               affiliated directly or indirectly with, a foreign  
               government or a political subdivision thereof, an agent,  
               agency, or instrumentality of a foreign government or  
               political subdivision thereof, a political party in a  
               foreign country, or an international political  
               organization.

             b)   Its policies, or any of them, are determined by or at  
               the suggestion of, or in collaboration with, a foreign  
               government or political subdivision thereof, an agent,  
               agency, or instrumentality of a foreign government or a  
               political subdivision thereof, a political party in a  
               foreign country, or an international political  
               organization.  (Section 35003.)

          3)Provides that "subversive organization" does not include any  
            labor union or religious, fraternal, or patriotic  
            organization, society, or association whose objectives and  
            aims do not contemplate the overthrow of the Government of the  
            United States, of this State, or of any political subdivision  
            thereof by force or violence.  (Section 35004.)

          4)Requires every subversive organization within 10 days after  
            its organization to file with the Secretary of State specified  
            information and documents, including among other things:

             a)   The names and addresses of all its branches, chapters,  
               and affiliates.
             b)   The nature and extent of its existing and proposed aims,  








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               purposes, and activities.
             c)   The times and places of its meetings.
             d)   The description and location of the property it owns,  
               its assets and liabilities, the methods for the financing  
               of its activities, and the names and addresses of all  
               persons, organizations, and other sources who or which have  
               contributed money, property, literature, or other things of  
               value to the organization.
             e)   The organization's charter, articles of association, or  
               constitution, and its by-laws, rules, and regulations.
             f)   Each agreement, resolution, and other instrument or  
               document relating to its organization, powers, and purposes  
               and the powers and duties of its officers and members.
             g)   Each book, pamphlet, leaflet, or other printed, written,  
               or illustrated matter directly or indirectly issued or  
               distributed by it or in its behalf, or to or by its members  
               with its knowledge, consent, or approval.  (Section 35100.)

          5)Requires every subversive organization, at least once in each  
            period of six months, to file with the Secretary of State a  
            statement subscribed under oath by all of its officers showing  
            the names and residence addresses of all persons who have been  
            admitted to membership during that period or, if no members  
            have been admitted during that period, a statement to that  
            effect similarly subscribed.  (Section 35103.)

          6)Provides that any subversive organization which violates any  
            provision of this title is guilty of a felony punishable by  
            fine of not less than one thousand dollars ($1,000) nor more  
            than ten thousand dollars ($10,000).  (Section 35300.)

          7)Provides that any person who becomes or remains a member of  
            any subversive organization, or attends a meeting thereof,  
            with knowledge that the organization has failed to comply with  
            any provision of this title, is guilty of a misdemeanor  
            punishable by fine of not less than twenty dollars ($20) nor  
            more than one thousand dollars ($1,000), or by imprisonment in  
            the county jail for not less than 10 days nor more than one  
            year, or by both.  (Section 35302.)

           COMMENTS  :  This bill seeks to repeal the World War II era  
          Subversive Organization Registration Law (SORL).  The SORL has a  
          number of characteristics that recommend its repeal.  First, the  
          SORL is likely unconstitutional.  Second, given the vagueness of  
          some of its language, the law creates a real potential for abuse  








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          against groups that may have unpopular political views.   
          Finally, as over sixty years of experience have demonstrated,  
          the SORL is an outdated, unutilized, and ineffective statute.  

           Constitutionality concerns.   The constitutionality concerns  
          raised by the SORL are myriad.  Among other things, the SORL  
          requires a subversive organization to file with the Secretary of  
          State information identifying the times and places of its  
          meetings, the names of its officers and members, and copies of  
          any literature that it distributes to its members or that its  
          members distribute to others.  It also provides that any person  
          who becomes or remains a member of any subversive organization,  
          or attends a meeting thereof, with knowledge that the  
          organization has failed to register with the Secretary of State  
          or comply with other requirements, is guilty of a misdemeanor  
          punishable by fine or imprisonment.  As succinctly summarized by  
          the American Civil Liberties Union (ACLU) in its letter of  
          support, the SORL certainly appears to be "inconsistent with  
          constitutional protections of free speech, freedom of  
          association, and political affiliations."  

          The only case law involving the SORL that the Committee is aware  
          of is  People v. Noble  (1945) 68 Cal. App. 2d 853.  In 1941,  
          Robert Noble and several other individuals were indicted for  
          violating the SORL.   The defendants were active in a pro-German  
          group called the Friends of Progress that had expressed some  
          sympathy for Nazi Germany and Imperial Japan, but there was not  
          sufficient evidence that they sought to overthrow the government  
          or that they were controlled by, or worked in collaboration  
          with, either of those governments.  Because the convictions were  
          overturned for lack of evidence, the Court of Appeal deemed it  
          unnecessary to decide the constitutional question, but did  
          express "grave doubt" even almost 70 years ago as to the  
          constitutionality of the SORL. 
           
          Vague language and potential for abuse.   Among other problems,  
          the definition of "subversive organization" under the SORL  
          includes either: (1) a group that seeks to overthrow the  
          government; or (2) a group that is "subject to foreign control,"  
          which in turn is defined very broadly to mean, not just under  
          the control of a foreign nation, but even following the  
          "suggestion" of any "international political organization."  The  
          use of the disjunctive term "either" suggests that the law would  
          apply to a group following the suggestion of any international  
          organization, even if was peaceful and did not advocate  








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          overthrowing the government.  (Section 35002, emphasis added.)   
          But the SORL also specifies that a "subversive organization"  
          does not include any labor union, religious organization or any  
          other group that "does not contemplate the overthrow of the  
          Government . . ." (Section 35004) - which makes the effect of  
          the "either" in Section 35002 unclear and confusing.

          The unclear application of the SORL to various organizations is  
          especially problematic because the law makes failure to register  
          a felony subject to a fine, and even possible imprisonment for  
          officers of the organization.  The vague language of the statute  
          creates a real potential for abuse because it may permit  
          prosecution or other action to be taken against some  
          organization or group of persons where there might not be any  
          other clear grounds for doing so, merely for the reasonable  
          failure to "register" when potentially required to do so.

           Demonstrated ineffectiveness and nonuse  .  The SORL is an  
          ineffective statute because it is not expected that any group  
          that actually poses a threat to overthrow the government by  
          violence would ever register, or even have any qualms about not  
          registering.  Reportedly, no subversive organizations have  
          actually even filed with the Secretary of State in the past 68  
          years pursuant to the SORL, suggesting that in fact, the statute  
          is both ineffective and ignored, with good reason.  

          In support, the ACLU calls the SORL an "antiquated and  
          unconstitutional" statute that "is an unnecessary remnant of the  
          McCarthy era."  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Civil Liberties Union (ACLU)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :   Anthony Lew / JUD. / (916) 319-2334 












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