SB 844, as introduced, Pavley. Elections: ballot measure contributions.
Existing law requires each campaign committee formed or existing primarily to support or oppose a statewide ballot measure to file with the Secretary of State periodic reports identifying the sources and amounts of contributions received during specified periods. Existing law, including the Political Reform Act of 1974, also specifies information required to be included in the statewide ballot pamphlet for each statewide ballot measure to be voted upon.
This bill would require the Secretary of State to post on his or her Internet Web site, for each statewide ballot measure, a list of the 10 highest contributors of $50,000 or more who have made the largest cumulative amount of contributions to campaign committees formed or existing primarily to support or oppose that ballot measure. The bill would require the Secretary of State to update each list of contributors at specified intervals up until 2 business days before the election and to post a final version of each list by a specified date after the election. In addition, the bill would require the statewide ballot pamphlet to include a printed statement that refers voters to the Secretary of State’s Internet Web site for the above-described lists of contributors.
The Political Reform Act of 1974, an initiative measure, generally 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. The act also provides that, notwithstanding this requirement, the Legislature may add to the ballot pamphlet information regarding candidates or other information.
This bill, which would permit or require additional information to be included in the ballot pamphlet, would therefore require a majority vote.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 9084 of the Elections Code is amended
2to read:
The ballot pamphlet shall contain all of the following:
4(a) A complete copy of each state measure.
5(b) A copy of the specific constitutional or statutory provision,
6if any, that each state measure would repeal or revise.
7(c) A copy of the arguments and rebuttals for and against each
8state measure.
9(d) A copy of the analysis of each state measure.
10(e) Tables of contents, indexes, art work, graphics, and other
11materials that the Secretary of State determines will make the ballot
12pamphlet easier
to understand or more useful for the average voter.
13(f) A notice, conspicuously printed on the cover of the ballot
14pamphlet, indicating that additional copies of the ballot pamphlet
15will be mailed by the county elections official upon request.
16(g) A written explanation of the judicial retention procedure as
17required by Section 9083.
18(h) The Voter Bill of Rights pursuant to Section 2300.
begin insert
19(i) (1) If the ballot contains an election for a state measure, a
20printed statement that refers voters to the Secretary of State’s
21Internet Web site for information about the 10 highest contributors
22to primarily formed committees supporting or opposing each state
23
measure, as provided for in Section 12173.5 of the Government
24Code.
25(2) The printed statement required by paragraph (1) shall read
26substantially similar to the following: “To learn who are the 10
27highest contributors to committees supporting or opposing each
28state measure, access the Secretary of State’s Internet Web site at
29[Internet Web site address].”
P3 1(i)
end delete
2begin insert(j)end insert If the ballot contains an election for the office of United
3States Senator, information on candidates for United States Senator.
4A candidate for United States Senator may purchase the space to
5place a statement in the state
ballot pamphlet that does not exceed
6250 words. The statement may not make any reference to any
7opponent of the candidate. The statement shall be submitted in
8accordance with timeframes and procedures set forth by the
9Secretary of State for the preparation of the state ballot pamphlet.
10(j)
end delete
11begin insert(k)end insert If the ballot contains a question on the confirmation or
12retention of a justice of the Supreme Court, information on justices
13of the Supreme Court who are subject to confirmation or retention.
14(k)
end delete
15begin insert(l)end insert If the ballot contains an election for the offices of President
16and Vice President of the United States, a notice that refers voters
17to the Secretary of State’s Internet Web site for information about
18candidates for the offices of President and Vice President of the
19United States.
Section 9086 of the Elections Code is amended to read:
The ballot pamphlet shall contain as to each state measure
22to be voted upon, the following, in the order set forth in this
23section:
24(a) (1) Upon the top portion of the first page, and not exceeding
25one-third of the page, shall appear:
26(A) Identification of the measure by number and title.
27(B) The official summary prepared by the Attorney General.
28(C) The total number of votes cast for and against the measure
29in both the State Senate and Assembly, if the measure was passed
30by the Legislature.
31(2) The space in the
title and summary that is used for an
32explanatory table prepared pursuant to paragraph (2) of subdivision
33(e) of Section 9087 and Section 88003 of the Government Code
34shall not be included when measuring the amount of space the
35information described in paragraph (1) has taken for purposes of
36determining compliance with the restriction prohibiting the
37information described in paragraph (1) from exceeding one-third
38of the page.
39(b) Beginning at the top of the right page shall appear the
40analysis prepared by the Legislative Analyst, provided that the
P4 1analysis fits on a single page. If it does not fit on a single page,
2the analysis shall begin on the lower portion of the first left page
3and shall continue on subsequent pages until it is completed.
4(c) Immediately below the analysis prepared by the
Legislative
5Analyst shall appear the printed statement that refers voters to the
6Secretary of State’s Internet Web site for information about the
710 highest contributors to primarily formed committees supporting
8or opposing each state measure, as described in subdivision (i) of
9Section 9084.
10(c)
end delete
11begin insert(d)end insert Arguments for and against the measure shall be placed on
12the next left and right pages, respectively, following the final page
13of the analysis of the Legislative Analyst. The rebuttals shall be
14placed immediately below the arguments.
15(d)
end delete
16begin insert(e)end insert If no argument against the measure has been submitted, the
17argument for the measure shall appear on the right page facing the
18analysis.
19(e)
end delete
20begin insert(f)end insert The complete text of each measure shall appear at the back
21of the pamphlet. The text of the measure shall contain the
22provisions of the proposed measure and the existing provisions of
23law repealed or revised by the measure. The provisions of the
24proposed measure differing from the existing provisions of law
25affected shall be distinguished in print, so as to
facilitate
26comparison.
27(f)
end delete
28begin insert(g)end insert The following statement shall be printed at the bottom of
29each page where arguments appear: “Arguments printed on this
30page are the opinions of the authors, and have not been checked
31for accuracy by any official agency.”
Section 12173.5 is added to the Government Code, to
33read:
(a) (1) The Secretary of State shall post on his or
35her Internet Web site both of the following:
36(A) A list of the 10 highest contributors of fifty thousand dollars
37($50,000) or more who have made the largest cumulative amount
38of contributions to primarily formed committees supporting each
39statewide ballot measure.
P5 1(B) A list of the 10 highest contributors of fifty thousand dollars
2($50,000) or more who have made the largest cumulative amount
3of contributions to primarily formed committees opposing each
4statewide ballot measure.
5(2) Each list required by paragraph (1) shall be in order from
6the
contributor who made the largest cumulative amount of
7contributions to the contributor who made the smallest cumulative
8amount of contributions. If two or more contributors made an equal
9amount of contributions, the contributor who made the most recent
10contribution shall be placed higher on the list.
11(3) Each list required by paragraph (1) shall reflect the
12cumulative amount of contributions received by primarily formed
13committees beginning 12 months before the date each committee
14made its first expenditure to qualify, support, or oppose the
15measure.
16(4) If a contributor is a committee controlled by a candidate, as
17defined in Section 82016, the name of the candidate shall be listed.
18(5) If a contributor is a sponsored committee, as defined in
19Section 82048.7, the name of the sponsor shall be listed.
20(b) The Secretary of State shall update each list required by
21subdivision (a) within five business days after the campaign
22statement deadlines provided for in Section 84202.3, and within
23five business days after any late contribution report filed pursuant
24to Section 84203 if the information in the report affects the lists
25required by subdivision (a). During the 16 days before the election
26for each statewide ballot measure, each list required by subdivision
27(a) shall be updated every 48 hours to include new contributions,
28with a final update two business days before the election.
29(c) The Secretary of State shall, within 10 business days after
30the January 31 filing deadline provided for in subdivision (a) of
31Section 84200, post a final version of each list required by
32subdivision (a) for any statewide ballot measure voted on in the
33previous calendar year.
34(d) The Secretary of State shall post in a prominent place on
35the homepage of his or her Internet Web site a hyperlink to the
36lists required by subdivision (a). The Secretary of State shall
37provide in the online version of the statewide ballot pamphlet an
38easily accessible hyperlink to the lists required by subdivision (a).
39(e) The definitions set forth in Chapter 2 (commencing with
40Section 82000) of Title 9 shall apply to this section.
Section 88001 of the Government Code is amended
2to read:
The ballot pamphlet shall contain all of the following:
4(a) A complete copy of each state measure.
5(b) A copy of the specific constitutional or statutory provision,
6if any, that would be repealed or revised by each state measure.
7(c) A copy of the arguments and rebuttals for and against each
8state measure.
9(d) A copy of the analysis of each state measure.
10(e) Tables of contents, indexes, art work, graphics and other
11materials that the Secretary of State determines will make the ballot
12pamphlet easier to understand or more useful for
the average voter.
13(f) A notice, conspicuously printed on the cover of the ballot
14pamphlet, indicating that additional copies of the ballot pamphlet
15will be mailed by the county elections official upon request.
16(g) A written explanation of the judicial retention procedure as
17required by Section 9083 of the Elections Code.
18(h) The Voter Bill of Rights pursuant to Section 2300 of the
19Elections Code.
20(i) (1) If the ballot contains an election for a state measure, a
21printed statement that refers voters to the Secretary of State’s
22Internet Web site for information about the 10 highest contributors
23to primarily formed committees supporting or opposing each
state
24measure, as provided for in Section 12173.5.
25(2) The printed statement required by paragraph (1) shall read
26substantially similar to the following: “To learn who are the 10
27highest contributors to committees supporting or opposing each
28state measure, access the Secretary of State’s Internet Web site at
29[Internet Web site address].”
30(i)
end delete
31begin insert(j)end insert If the ballot contains an election for the office of United
32States Senator, information on candidates for United States Senator.
33A candidate for United States Senator may purchase the space to
34place a statement in the state ballot pamphlet that
does not exceed
35250 words. The statement may not make any reference to any
36opponent of the candidate. The statement shall be submitted in
37accordance with timeframes and procedures set forth by the
38Secretary of State for the preparation of the state ballot pamphlet.
39(j)
end delete
P7 1begin insert(k)end insert If the ballot contains a question as to the confirmation or
2retention of a justice of the Supreme Court, information on justices
3of the Supreme Court who are subject to confirmation or retention.
4(k)
end delete
5begin insert(l)end insert If the ballot contains an election for the offices of President
6and Vice President of the United States, a notice that refers voters
7to the Secretary of State’s Internet Web site for information about
8candidates for the offices of President and Vice President of the
9United States.
10(l)
end delete
11begin insert(m)end insert A written explanation of the appropriate election procedures
12for party-nominated, voter-nominated, and nonpartisan offices as
13required by Section 9083.5 of the Elections Code.
Section 88002 of the Government Code is amended
15to read:
The ballot pamphlet shall contain as to each state
17measure to be voted upon, the following in the order set forth in
18this section:
19(a) (1) Upon the top portion of the first page and not exceeding
20one-third of the page shall appear:
21(A) The identification of the measure by number and title.
22(B) The official summary prepared by the Attorney General.
23(C) The total number of votes cast for and against the measure
24in both the State Senate and Assembly if the measure was passed
25by the Legislature.
26(2) The space in
the title and summary that is used for an
27explanatory table prepared pursuant to paragraph (2) of subdivision
28(e) of Section 9087 of the Elections Code and Section 88003 shall
29not be included when measuring the amount of space the
30information described in paragraph (1) has taken for purposes of
31determining compliance with the restriction prohibiting the
32information described in paragraph (1) from exceeding one-third
33of the page.
34(b) Beginning at the top of the right page shall appear the
35analysis prepared by the Legislative Analyst, provided that the
36analysis fits on a single page. If it does not fit on a single page,
37then the analysis shall begin on the lower portion of the first left
38page and shall continue on subsequent pages until it is completed.
39(c) Immediately below the analysis prepared by
the Legislative
40Analyst shall appear the printed statement that refers voters to the
P8 1Secretary of State’s Internet Web site for information about the
210 highest contributors to primarily formed committees supporting
3or opposing each state measure, as described in subdivision (i) of
4Section 88001.
5(c)
end delete
6begin insert(d)end insert Arguments for and against the measure shall be placed on
7the next left and right pages, respectively, following the page on
8which the analysis of the Legislative Analyst ends. The rebuttals
9shall be placed immediately below the arguments.
10(d)
end delete
11begin insert(e)end insert If no argument against the measure has been submitted, the
12argument for the measure shall appear on the right page facing the
13analysis.
14(e)
end delete
15begin insert(f)end insert The complete text of each measure shall appear at the back
16of the pamphlet. The text of the measure shall contain the
17provisions of the proposed measure and the existing provisions of
18law repealed or revised by the measure. The provisions of the
19proposed measure differing from the existing provisions of law
20affected shall be distinguished in print, so as to
facilitate
21comparison.
22(f)
end delete
23begin insert(g)end insert The following statement shall be printed at the bottom of
24each page where arguments appear: “Arguments printed on this
25page are the opinions of the authors and have not been checked
26for accuracy by any official agency.”
The Legislature finds and declares that this act permits
28or requires the inclusion of additional information in the ballot
29pamphlet in accordance with Section 88007 of the Government
30Code.
O
99