BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 26 HEARING DATE: 3/19/13
AUTHOR: CORREA ANALYSIS BY: DARREN CHESIN
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Political Reform Act: slate mailers
DESCRIPTION
Existing law requires slate mailer organizations and
committees primarily formed to support or oppose ballot
measures to include all of the following on slate mailers
they send:
The name and street address of the slate mailer
organization or committee shown on the outside of each
piece of slate mail and on at least one of the included
inserts in no less than 8-point roman type in a color or
print which contrasts with the background so as to be
easily legible.
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, a notice to
voters consisting of the following statement in a
printed or drawn box in no less than 8-point roman type
in a color or print which contrasts with the background
so as to be easily legible:
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 *.
Each candidate and each ballot measure that has paid to
appear in the slate mailer must be designated by an
asterisk (*) which must immediately follow the name of
the candidate, or the name or number and position
advocated on the ballot measure. Any candidate or
ballot measure that has not paid to appear in the slate
mailer may not be designated by an asterisk.
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, must be
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. This designation is not required for
candidates for nonpartisan office.
This bill would require that the name and address of the
sender and the notice to voters instead appear in no less
than 10-point black roman type against a solid white
background.
This bill would also require the notice to voters appear on
each side or surface of the slate mailer where any
candidate or ballot measure that has paid to appear in the
slate mailer appears.
BACKGROUND
Slate Mail Definitions . "Slate mailer" is defined in the
PRA as a mass mailing which supports or opposes a total of
four or more candidates or ballot measures.
A "slate mailer organization" means any person or
organization who, directly or indirectly, does all of the
following:
Is involved in the production of one or more slate
mailers and exercises control over the selection of the
SB 26 (CORREA)
Page 2
candidates and measures to be supported or opposed in
the slate mailers.
Receives or is promised payments totaling $500 or more
in a calendar year for the production of one or more
slate mailers.
However, a slate mailer organization does not include any
of the following:
A candidate or officeholder or his or her controlled
committee.
An official committee of any political party.
A legislative caucus committee.
A committee primarily formed to support or oppose a
candidate, officeholder, or ballot measure.
Relevant FPPC Regulations
Fair Political Practices Commission (FPPC) regulation
18435.5 provides, in part, that the notice to voters shall
appear with a reasonable degree of color contrast between
the background and the statement and must appear on a plain
background, not superimposed over an illustration or a
patterned background.
COMMENTS
1.According to the author , during the November General
Election, slate mailers were sent to voters that
superimposed the notice to voters in a white font over a
picture of an eagle's white feathers rendering the notice
extremely difficult to find let alone read. SB 26 would
strengthen the Political Reform Act and FPPC regulations
by requiring that both the sender identification and the
notice to voters are printed in larger (10-point), black
type against a solid white background so they cannot be
intentionally obfuscated. SB 26 would also require the
notice to voters to be printed on each side or surface
where any paying candidate or ballot measure appears in
the slate mailer which will make this important
information more obvious and accessible.
SB 26 (CORREA)
Page 3
2.Related Legislation : SB 2 (Lieu) which will be heard in
this committee in April adds the following to the
existing slate mailer notice to voters: "Each item
designated by an @ has been paid for by a person other
than the candidate or ballot measure." The bill
correspondingly also requires each candidate and ballot
measure whose appearance has been paid for by a third
party to be designated by an @.
POSITIONS
Sponsor: Author
Support: California Common Cause
League of Women Voters of California
Oppose: None received
SB 26 (CORREA)
Page 4