Amended in Senate April 9, 2013

Senate Bill No. 27

Introduced by Senator Correa

December 3, 2012

An act to amend Section begin insert 9084 of the Elections Code, and to amend Sections end insert 82015 begin insert and 88001 end insert of, and to add Sections 84222 and 84223 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 27, as amended, Correa. Political Reform Act of 1974.

Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. The Fair Political Practices Commission administers and enforces the act. A violation of the act’s provisions is punishable as a misdemeanor.

This bill would revise the definition of a “contribution” to include payments made by a donor who, at the time of making the payment, knows or has reason to know that the payment, or funds with which the payment will be commingled, begin delete will end delete begin insert may end insert be used to make contributions or expenditures. The bill begin delete establishes presumptions as to whether end delete begin insert would establish a presumption that end insert a donor begin insert to a nonprofit or other multipurpose organization, as defined, end insert has reason to know that a payment begin delete will end delete begin insert may end insert be used to make contributions or expenditures begin delete based on the number of years the recipient has existed and the amount of the recipient’s first contribution or expenditure, as specified end delete begin insert if specified criteria are satisfied, including, among other things, that the organization has made contributions or expenditures of $1,000 or more in the aggregate during the calendar year in which the payment occurs or during any of the immediately preceding 4 calendar years end insert .

This bill would impose reporting requirements on begin delete a end delete begin insert specified nonprofit or other end insert multipurpose begin delete organization, as defined, that receives donations and uses those donations to make contributions or expenditures of $1,000 or more in a calendar year in this state. The bill would also authorize the Commission to perform discretionary audits of these reports, as specified end delete begin insert organizations, including the requirement that the organizations disclose the portion of their activities devoted to California elections and specified information regarding the sources of an organization’s funds used to make those contributions and expenditures, such as donors and dues- end insert begin insert paying members end insert .

This bill would require ballot measure committees and candidate committees that raise $1,000,000 or more for an election to maintain an accurate list of the committee’s top 10 contributors begin delete , which are to be posted on the Commission’s Internet Web site as well as the committee’s Internet Web site, if any end delete . begin insert This bill would require a committee to provide accurate lists of these contributors to the Commission, and would require the Commission to post the top 10 contributor lists on its Internet Web site and to post updates to those lists when prescribed events occur. The bill would require the Commission to provide copies of the top 10 contributor lists to the Secretary of State, at the Secretary of State’s request, for purposes of posting those lists on the Secretary of State’s Internet Web site. end insert

begin insert

Existing law requires the Secretary of State to prepare a ballot pamphlet that includes specified information with respect to an election.

end insert begin insert

This bill would require the Secretary of State to include in the ballot pamphlet a written explanation of the top 10 contributor lists required by the bill, including a description of the Internet Web sites where those lists would be available to the public.

end insert

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.

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.

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.  

The Legislature finds and declares all of the
following:

(a) Nonprofit and other multipurpose organizations begin insert within and
outside the state end insert are increasing their political activities and some
are seeking to make contributions and expenditures in California
elections without revealing their financial backers. begin insert Wealthy
individuals and other deep-pocketed interests should not be able
to spend anonymously in California elections by contributing to
these groups. Nonprofit organizations and other advocacy groups
should not be used as intermediaries to conceal the identities of
donors who are required to be disclosed to the public pursuant to
the Political Reform Act of 1974. end insert

begin delete

(b) Certain donors attempt to obscure their identities from the
public by making donations to one organization or entity which
then makes donations to a separate organization or campaign
committee, or by routing funds through a succession of committees.
Committees themselves are in the best position to know who their
financial backers are and to provide this information to the public
in an accurate, timely, and transparent manner.

(c) Under the

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert Political Reform Act of 1974 begin delete , end delete begin insert should be strengthened
to require end insert nonprofit and other multipurpose organizations that
make contributions or expenditures to support or oppose California
candidates or ballot measures begin delete are subject to the same rules as those
entities that raise funds specifically for California elections - they
must end delete begin insert to end insert disclose the sources of funds used for their political
begin insert contributions and end insert expenditures begin insert , just as committees that raise funds
specifically for California elections must. This disclosure should
be limited to the extent of the group’s political activity in
California. The Ninth Circuit Court of Appeals, in California
Pro-Life Council, Inc. v. Randolph (9th Cir. 2007) 507 F.3d 1172,
upheld the disclosure of a nonprofit or other multipurpose
organization’s political activities, as required by regulations of
the Fair Political Practices Commission end insert .

begin insert

(c) The disclosure of donors to nonprofit or other multipurpose
organizations that make contributions or expenditures to support
or oppose California candidates and ballot measures serves the
following important purposes:

end insert begin insert

(1) It provides the electorate with information as to where
campaign money comes from, increasing its ability to identify the
supporters of a candidate or ballot measure.

end insert begin insert

(2) It deters actual corruption and avoids the appearance of
corruption by exposing large contributions and expenditures to
the light of publicity.

end insert begin insert

(3) It is an important means of gathering the information
necessary to detect violations of the Political Reform Act of 1974.

end insert begin insert

(4) It prevents people and organizations from being able to
mask their identities by pretending to make contributions for, or
to be formed for, a nonpolitical purpose.

end insert begin insert

(d) The people of California have a compelling interest in
receiving clear and easy to use information about who is financing
ballot measures and candidate independent expenditure
committees. Committees themselves are in the best position to
provide the public with information about their top 10 financial
backers in an accurate, timely, and transparent manner.

end insert begin delete

(d)

end delete

begin insert (e) end insert  It is therefore the intent of the Legislature to strengthen the
laws requiring the disclosure of contributions and expenditures in
California elections by nonprofit and other multipurpose
organizations and to require begin delete Internet posting of a list of the top ten
contributors to a committee primarily formed to support or oppose,
and raising or spending one million dollars ($1,000,000) or more
to support or oppose, ballot measures or candidates end delete begin insert committees
that raise or spend one million dollars ($1,000,000) or more to
support or oppose ballot measures or make independent
expenditures on behalf of a candidate to disclose a list of their top
10 contributors on the Internet Web site of the Fair Political
Practices Commission end insert .

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9084 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9084.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083.

(h) The Voter Bill of Rights pursuant to Section 2300.

(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(k) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

begin insert

(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.

end insert begin insert

(m) A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description
of the Internet Web sites where those lists are available to the
public.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 82015 of the Government Code is amended
to read:

82015.  

(a) “Contribution” means a payment, a forgiveness of
a loan, a payment of a loan by a third party, or an enforceable
promise to make a payment except to the extent that full and
adequate consideration is received, unless it is clear from the
surrounding circumstances that it is not made for political purposes.

(b) (1) A payment made at the behest of a committee as defined
in subdivision (a) of Section 82013 is a contribution to the
committee unless full and adequate consideration is received from
the committee for making the payment.

(2) A payment made at the behest of a candidate is a contribution
to the candidate unless the criteria in either subparagraph (A) or
(B) are satisfied:

(A) Full and adequate consideration is received from the
candidate.

(B) It is clear from the surrounding circumstances that the
payment was made for purposes unrelated to his or her candidacy
for elective office. The following types of payments are presumed
to be for purposes unrelated to a candidate’s candidacy for elective
office:

begin delete

(I)

end delete

begin insert (i) end insert  A payment made principally for personal purposes, in which
case it may be considered a gift under the provisions of Section
82028. Payments that are otherwise subject to the limits of Section
86203 are presumed to be principally for personal purposes.

(ii) A payment made by a state, local, or federal governmental
agency or by a nonprofit organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code.

(iii) A payment not covered by clause begin delete (I) end delete begin insert (i) end insert , made principally
for legislative, governmental, or charitable purposes, in which case
it is neither a gift nor a contribution. However, payments of this
type that are made at the behest of a candidate who is an elected
officer shall be reported within 30 days following the date on which
the payment or payments equal or exceed five thousand dollars
($5,000) in the aggregate from the same source in the same
calendar year in which they are made. The report shall be filed by
the elected officer with the elected officer’s agency and shall be
a public record subject to inspection and copying pursuant to
subdivision (a) of Section 81008. The report shall contain the
following information: name of payor, address of payor, amount
of the payment, date or dates the payment or payments were made,
the name and address of the payee, a brief description of the goods
or services provided or purchased, if any, and a description of the
specific purpose or event for which the payment or payments were
made. Once the five-thousand-dollar ($5,000) aggregate threshold
from a single source has been reached for a calendar year, all
payments for the calendar year made by that source must be
disclosed within 30 days after the date the threshold was reached
or the payment was made, whichever occurs later. Within 30 days
after receipt of the report, state agencies shall forward a copy of
these reports to the Fair Political Practices Commission, and local
agencies shall forward a copy of these reports to the officer with
whom elected officers of that agency file their campaign
statements.

(C) For purposes of subparagraph (B), a payment is made for
purposes related to a candidate’s candidacy for elective office if
all or a portion of the payment is used for election-related activities.
For purposes of this subparagraph, “election-related activities”
shall include, but are not limited to, the following:

begin delete

(I)

end delete

begin insert (i) end insert  Communications that contain express advocacy of the
nomination or election of the candidate or the defeat of his or her
opponent.

(ii) Communications that contain reference to the candidate’s
candidacy for elective office, the candidate’s election campaign,
or the candidate’s or his or her opponent’s qualifications for
elective office.

(iii) Solicitation of contributions to the candidate or to third
persons for use in support of the candidate or in opposition to his
or her opponent.

(iv) Arranging, coordinating, developing, writing, distributing,
preparing, or planning of any communication or activity described
in clause begin delete (I) end delete begin insert (i) end insert , (ii), or (iii).

(v) Recruiting or coordinating campaign activities of campaign
volunteers on behalf of the candidate.

(vi) Preparing campaign budgets.

(vii) Preparing campaign finance disclosure statements.

(viii) Communications directed to voters or potential voters as
part of activities encouraging or assisting persons to vote if the
communication contains express advocacy of the nomination or
election of the candidate or the defeat of his or her opponent.

(D) A contribution made at the behest of a candidate for a
different candidate or to a committee not controlled by the
behesting candidate is not a contribution to the behesting candidate.

(3) A payment made at the behest of a member of the Public
Utilities Commission, made principally for legislative,
governmental, or charitable purposes, is not a contribution.
However, payments of this type shall be reported within 30 days
following the date on which the payment or payments equal or
exceed five thousand dollars ($5,000) in the aggregate from the
same source in the same calendar year in which they are made.
The report shall be filed by the member with the Public Utilities
Commission and shall be a public record subject to inspection and
copying pursuant to subdivision (a) of Section 81008. The report
shall contain the following information: name of payor, address
of payor, amount of the payment, date or dates the payment or
payments were made, the name and address of the payee, a brief
description of the goods or services provided or purchased, if any,
and a description of the specific purpose or event for which the
payment or payments were made. Once the five-thousand-dollar
($5,000) aggregate threshold from a single source has been reached
for a calendar year, all payments for the calendar year made by
that source must be disclosed within 30 days after the date the
threshold was reached or the payment was made, whichever occurs
later. Within 30 days after receipt of the report, the Public Utilities
Commission shall forward a copy of these reports to the Fair
Political Practices Commission.

(c) “Contribution” includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate’s own money or property used on behalf of his or
her candidacy other than personal funds of the candidate used to
pay either a filing fee for a declaration of candidacy or a candidate
statement prepared pursuant to Section 13307 of the Elections
Code; the granting of discounts or rebates not extended to the
public generally or the granting of discounts or rebates by television
and radio stations and newspapers not extended on an equal basis
to all candidates for the same office; the payment of compensation
by any person for the personal services or expenses of any other
person if the services are rendered or expenses incurred on behalf
of a candidate or committee without payment of full and adequate
consideration.

(d) “Contribution” further includes any transfer of anything of
value received by a committee from another committee, unless
full and adequate consideration is received.

(e) “Contribution” does not include amounts received pursuant
to an enforceable promise to the extent those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.

(f) “Contribution” does not include a payment made by an
occupant of a home or office for costs related to any meeting or
fundraising event held in the occupant’s home or office if the costs
for the meeting or fundraising event are five hundred dollars ($500)
or less.

(g) Notwithstanding the foregoing definition of “contribution,”
the term does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if the
payments are made voluntarily without any understanding or
agreement that they shall be, directly or indirectly, repaid to him
or her.

(h) “Contribution” further includes the payment of public
moneys by a state or local governmental agency for a
communication to the public that satisfies both of the following:

(1) The communication expressly advocates the election or
defeat of a clearly identified candidate or the qualification, passage,
or defeat of a clearly identified measure, or, taken as a whole and
in context, unambiguously urges a particular result in an election.

(2) The communication is made at the behest of the affected
candidate or committee.

begin delete

(I)

end delete

begin insert (i) end insert  (1) “Contribution” further includes a payment made to a
person begin insert , including, but not limited to, a nonprofit or other
multipurpose organization as defined in Section 84222 end insert begin insert , end insert if, at the
time of making the payment, the donor knows or has reason to
know that the payment, or funds with which the payment will be
commingled, begin delete will end delete begin insert may end insert be used to make a contribution or
expenditure begin delete . If the donor knows or has reason to know that only
part of the payment will be used to make a contribution or
expenditure, the payment shall be apportioned on a reasonable
basis in order to determine the amount of the contribution end delete begin insert to
support or oppose a California state or local candidate or ballot
measure. Contributions that satisfy the criteria of this subdivision
shall be reported in the manner prescribed by Section 84222 end insert .

(2) For purposes of paragraph (1), begin delete if the person receiving the
payment has been in existence for two years or more prior to
making a contribution or expenditure in this state and the person’s
first contribution or expenditure in this state is less than five
hundred thousand dollars ($500,000), end delete there shall be a presumption
that begin delete the donor does not have end delete begin insert a donor to a nonprofit or other
multipurpose organization has end insert reason to know that all or part of
the payment begin delete will end delete begin insert may end insert be used to make a contribution or
begin delete expenditure, unless the person has made contributions or
expenditures of one thousand dollars ($1,000) or more in the
aggregate during the calendar year in which the payment occurs,
or in any of the immediately preceding four calendar years. end delete

begin delete

(3) For purposes of paragraph (1), if the person receiving the
payment has been in existence for less than two years prior to
making a contribution or expenditure in this state or the person’s
first contribution or expenditure in this state is five hundred
thousand dollars ($500,000) or more, there shall be a presumption
that the donor has reason to know that all or part of the payment
will be used to make a contribution or expenditure.

end delete

begin delete (4) end delete begin delete   end delete begin delete A donor who makes a contribution described in paragraph
(1) shall be identified and reported by the person receiving the
contribution in accordance with regulations adopted by the
Commission. end delete begin insert expenditure if any of the following criteria are
satisfied: end insert

begin insert

(A) The nonprofit or other multipurpose organization has made
contributions or expenditures of one thousand dollars ($1,000) or
more in the aggregate during the calendar year in which the
payment occurs or during any of the immediately preceding four
calendar years.

end insert begin insert

(B) The nonprofit or other multipurpose organization has made
payments totaling five hundred thousand dollars ($500,000) or
more for contributions or expenditures in this state during the
calendar year in which the payment occurs.

end insert begin insert

(C) The nonprofit or other multipurpose organization has
disclosed contributions or expenditures to support or oppose
candidates or ballot measures, or for issue advocacy activities, in
this state on any publicly available annual or periodic report of
its activities, including Internal Revenue Service Form 990, filed
with a federal, state, or local government agency during the
calendar year in which the payment occurs or during any of the
immediately preceding four calendar years.

end insert begin insert

(D) The nonprofit or other multipurpose organization has a
sponsored committee registered with the Secretary of State.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 84222 is added to the Government Code, to
read:

84222.  

(a) For purposes of this section begin delete , “multipurpose end delete begin insert and
Section 82015, “nonprofit end insert begin insert or other multipurpose end insert organization”
means a nonprofit organization begin delete , a federal or out-of-state political
action committee, or a local club focusing on educational or social
activities end delete begin insert end insert begin insert formed and operated under Section 501(c)(3), 501(c)(4),
501(c)(5), or 501(c)(6) of the Internal Revenue Code, a federal or
out-of-state political organization, or an unincorporated
association end insert .

begin delete

(b) A multipurpose organization that receives donations and
uses those donations to make contributions or expenditures of one
thousand dollars ($1,000) or more in a calendar year in this state
shall disclose the donors that are the sources of the donations used
to make contributions or expenditures, in accordance with
regulations adopted by the Commission.

(c) A multipurpose organization that makes contributions or
expenditures in this state is subject to discretionary audits
conducted by the Commission. An audit conducted pursuant to
this subdivision shall be limited to examining the multipurpose
organization’s contributions or expenditures in this state and the
donations that are the sources of the funds for those contributions
or expenditures. During an audit, a multipurpose organization shall
make its records of donors available for inspection by the
Commission, if requested. A multipurpose organization shall keep
copies of its fundraising solicitations and, during an audit, make
those solicitations available for inspection by the Commission, if
requested.

end delete begin insert

(b) A nonprofit or other multipurpose organization that qualifies
as a committee under Section 82013 shall file the campaign
statements required by this title and shall disclose the portion of
its activities devoted to California state and local elections. The
organization’s campaign statements shall report its contributions
and expenditures to support or oppose state and local candidates
and ballot measures in California and shall itemize the sources
of funds used to make those contributions and expenditures,
including, but not limited to, donors and dues-paying members.

end insert begin insert

(c) A donor who makes a contribution described in subdivision
(i) of Section 82015 to a nonprofit or other multipurpose
organization that qualifies as a committee shall be identified and
reported by the organization that receives the contribution in
accordance with regulations adopted by the Commission. The
Commission’s regulations shall provide that the nonprofit or other
multipurpose organization identify each donor who requests or
knows that the donor’s payment will be used by the organization
to make a contribution or an expenditure to support or oppose a
candidate or ballot measure in California. The Commission’s
regulations shall further provide that the nonprofit or other
multipurpose organization identify other donors to the organization
based on a “last in, first out” accounting method, and shall specify
the formula for that determination. However, a donor need not be
reported as a contributor pursuant to this section if the
organization has evidence that clearly establishes specific
circumstances demonstrating that the donor did not know or have
reason to know that its payment would be used to fund a
contribution or expenditure.

end insert begin insert

(d) A nonprofit or other multipurpose organization that qualifies
as a committee and discloses its activities devoted to California
elections pursuant to this section shall, on the organization’s
statement of organization filed pursuant to Section 84102, indicate
that organization’s tax-exempt or other organizational status,
describe the organization’s mission or most significant activities,
and describe the organization’s political activities.

end insert begin insert

(e) A nonprofit or other multipurpose organization that qualifies
as a committee and files campaign statements required by this title
to disclose its activities devoted to California elections shall state
the total dollar amount of, and the percentage of its total
expenditures devoted to, contributions and expenditures supporting
or opposing California candidates or ballot measures on its
semi-annual statement due on January 31 for the period
commencing July 1 and ending December 31, and on its Internet
Web site, if any.

end insert begin insert

(f) A person shall not use a nonprofit or other multipurpose
organization as an intermediary or agent for the purpose of making
a contribution on behalf of that person without providing to the
organization all of the information required to be disclosed by
Section 84302. A nonprofit or other multipurpose organization
shall disclose the identity of a person for whom the organization
is acting as an intermediary or agent to the recipient of the
contribution, as well as all other information required by Section
84302. The nonprofit or other multipurpose organization shall not
knowingly conceal the name of a donor for whom the organization
makes a contribution as an intermediary or agent for the purpose
of withholding information required to be made public under this
title.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 84223 is added to the Government Code, to
read:

84223.  

(a) A committee primarily formed to support or oppose
a ballot measure or candidate that raises one million dollars
($1,000,000) or more for an election shall maintain an accurate
begin delete and publicly available end delete list of the committee’s top begin delete ten end delete begin insert 10 end insert
contributors, as specified by Commission regulations. begin delete The end delete begin insert A
current end insert list of begin insert the end insert top begin delete ten end delete begin insert 10 end insert contributors shall be begin delete posted on end delete
begin insert provided to the Commission for disclosure on end insert the Commission’s
Internet Web site begin delete and posted prominently on the committee’s
Internet Web site, if any end delete begin insert , as provided in subdivision (c) end insert .

begin insert

(b) (1) Except as provided in paragraph (4), the list of top 10
contributors shall identify the names of the 10 persons who have
made the largest cumulative contributions to the committee, the
total amount of each person’s contributions, the city and state of
the person, the person’s committee identification number, if any,
and any other information deemed necessary by the Commission.

end insert begin insert

(2) (A) A committee primarily formed to support or oppose a
ballot measure shall count the cumulative amount of contributions
received by the committee from a person for the period beginning
12 months prior to the date the committee made its first expenditure
to qualify, support, or oppose the measure and ending with the
current date.

end insert begin insert

(B) A committee primarily formed to support or oppose a
candidate shall count the cumulative amount of contributions
received by the committee from a person for the primary and
general elections combined.

end insert begin insert

(3) The aggregation rules of Section 85311 and any
implementing regulations adopted by the Commission shall apply
in identifying the persons who have made the top 10 cumulative
contributions to a committee.

end insert begin insert

(4) A person who makes contributions to a committee in a
cumulative amount of less than ten thousand dollars ($10,000)
shall not be identified or disclosed as a top 10 contributor to a
committee pursuant to this section.

end insert begin insert

(c) (1) The Commission shall adopt regulations to govern the
manner in which the Commission shall display top 10 contributor
lists provided by a committee that is subject to this section, and
the Commission shall post the top 10 contributor lists on its
Internet Web site in the manner prescribed by those regulations.
The Commission shall provide the top 10 contributor lists to the
Secretary of State, upon the request of the Secretary of State, for
the purpose of additionally posting the contributor lists on the
Secretary of State’s Internet Web site.

end insert begin insert

(2) A committee shall provide an updated top 10 contributor
list to the Commission when any of the following occurs:

end insert begin insert

(A) A new person qualifies as a top 10 contributor to the
committee.

end insert begin insert

(B) A person who is an existing top 10 contributor makes
additional contributions to the committee.

end insert begin insert

(C) A change occurs that alters the relative ranking order of
the top 10 contributors.

end insert begin insert

(3) The 10 persons who have made the largest cumulative
contributions to a committee shall be listed in order from largest
contribution amount to smallest amount. If two or more
contributors of identical amounts meet the threshold for inclusion
in the list of top 10 contributors, the order of disclosure shall be
made beginning with the most recent contributor of that amount.

end insert begin insert

(4) The Commission shall post or update a top 10 contributor
list within five business days or, during the 16 days before the
election, within 48 hours of a contributor qualifying for the list or
of any change to the list.

end insert begin delete

(b)

end delete

begin insert (d) end insert  In listing the top begin delete ten end delete begin insert 10 end insert contributors, begin delete the end delete begin insert a end insert committee shall
use reasonable efforts to identify begin insert and state end insert the actual individuals
or corporations that are the true sources of the contributions made
to the committee from other persons or committees.

begin insert

(e) In addition to any other lists that the Commission is required
to post on its Internet Web site, the Commission shall compile,
maintain, and display on its Internet Web site a current list of the
top 10 contributors supporting and opposing each state ballot
measure, as prescribed by Commission regulations.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 88001 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

88001.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.

(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.

(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(k) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.

begin insert

(m) A written explanation of the top 10 contributor lists required
by Section 84223, including a description of the Internet Web sites
where those lists are available to the public.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

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.

begin delete SEC. 6. end delete
begin insert SEC. 8. end insert   

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.