BILL NUMBER: SB 26 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Correa
DECEMBER 3, 2012
An act to amend Section 84305.5 of the Government Code, relating
to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 26, as introduced, Correa. Political Reform Act of 1974: slate
mailers.
The Political Reform Act of 1974 regulates mass mailings, known as
slate mailers, that support or oppose multiple candidates or ballot
measures for an election. The act requires that each slate mailer
identify the slate mailer organization or committee primarily formed
to support or oppose one or more ballot measures that is sending the
slate mailer, and to contain other information in specified
formatting. The act also requires a notice to voters in a specified
type and color or print consisting of a prescribed statement be
included on a side or surface of the slate mailer.
This bill would modify the font and type specifications with
respect to the slate mailer organization or committee identification
requirement and would revise the placement and font size and color
specifications with respect to the prescribed notice to voters.
Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.
By making the format requirements of slate mailers more
restrictive, this bill would impose a state-mandated local program.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84305.5 of the Government Code is amended to
read:
84305.5. (a) No slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures shall send a
slate mailer unless:
(1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures are shown on the outside of each piece of
slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point
10-point black roman type which shall be in a color or
print which contrasts with the against a solid white
background so as to be easily legible. A post office box may be
stated in lieu of a street address if the street address of the
slate mailer organization or the committee primarily formed to
support or oppose one or more ballot measure is a matter of public
record with the Secretary of State's Political Reform Division.
(2) At the top or bottom of the front side or surface of
at least one insert or at the top or bottom of one side or surface of
a postcard or other self-mailer, On each side or
surface where any candidate or ballot measure that has paid to appear
in the slate mailer appears, there is a notice in at least
8-point 10-point black roman boldface
type, which shall be in a color or print which contrasts
with the background against a solid white background
so as to be easily legible, and in a printed or drawn box and
set apart from any other printed matter. The notice shall consist of
the following statement:
| |
| |
| NOTICE TO VOTERS |
| |
| |
| |
| THIS DOCUMENT WAS PREPARED BY (name of slate |
| mailer organization or committee primarily |
| formed to support or oppose one or more ballot |
| measures), NOT AN OFFICIAL POLITICAL PARTY |
| ORGANIZATION. Appearance in this mailer does |
| not necessarily imply endorsement of others |
| appearing in this mailer, nor does it imply |
| endorsement of, or opposition to, any issues |
| set forth in this mailer. Appearance is paid |
| for and authorized by each candidate and |
| ballot measure which is designated by an *. |
| |
| |
(3) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures as required by paragraph (1) and the notice
required by paragraph (2) may appear on the same side or surface of
an insert.
(4) Each candidate and each ballot measure that has paid to appear
in the slate mailer is designated by an *. Any candidate or ballot
measure that has not paid to appear in the slate mailer is not
designated by an *.
The * required by this subdivision shall be of the same type size,
type style, color or contrast, and legibility as is used for the
name of the candidate or the ballot measure name or number and
position advocated to which the * designation applies except that in
no case shall the * be required to be larger than 10-point boldface
type. The designation shall immediately follow the name of the
candidate, or the name or number and position advocated on the ballot
measure where the designation appears in the slate of candidates and
measures. If there is no slate listing, the designation shall appear
at least once in at least 8-point boldface type, immediately
following the name of the candidate, or the name or number and
position advocated on the ballot measure.
(5) The name of any candidate appearing in the slate mailer who is
a member of a political party differing from the political party
which the mailer appears by representation or indicia to represent is
accompanied, immediately below the name, by the party designation of
the candidate, in no less than 9-point roman type which shall be in
a color or print that contrasts with the background so as to be
easily legible. The designation shall not be required in the case of
candidates for nonpartisan office.
(b) For purposes of the designations required by paragraph (4) of
subdivision (a), the payment of any sum made reportable by
subdivision (c) of Section 84219 by or at the behest of a candidate
or committee, whose name or position appears in the mailer, to the
slate mailer organization or committee primarily formed to support or
oppose one or more ballot measures, shall constitute a payment to
appear, requiring the * designation. The payment shall also be deemed
to constitute authorization to appear in the mailer.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.