BILL NUMBER: SB 844	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        JANUARY 8, 2014

   An act to amend Sections 9084 and 9086 of the Elections Code, and
to amend Sections 88001 and 88002 of, and to add Section 12173.5 to,
the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 9084 of the Elections Code is amended to read:
   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) (1) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State's
Internet Web site for information about the 10 highest contributors
to primarily formed committees supporting or opposing each state
measure, as provided for in Section 12173.5 of the Government Code.
 
   (2) The printed statement required by paragraph (1) shall read
substantially similar to the following: "To learn who are the 10
highest contributors to committees supporting or opposing each state
measure, access the Secretary of State's Internet Web site at 
Internet Web site address]."  
   (i) 
    (j)  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) 
    (k)  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) 
    (l)  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.
  SEC. 2.  Section 9086 of the Elections Code is amended to read:
   9086.  The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:
   (a) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
   (A) Identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
   (C) The total number of votes cast for and against the measure in
both the State Senate and Assembly, if the measure was passed by the
Legislature.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 and Section 88003 of the Government Code shall
not be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
the analysis shall begin on the lower portion of the first left page
and shall continue on subsequent pages until it is completed. 
   (c) Immediately below the analysis prepared by the Legislative
Analyst shall appear the printed statement that refers voters to the
Secretary of State's Internet Web site for information about the 10
highest contributors to primarily formed committees supporting or
opposing each state measure, as described in subdivision (i) of
Section 9084.  
   (c) 
    (d)  Arguments for and against the measure shall be
placed on the next left and right pages, respectively, following the
final page of the analysis of the Legislative Analyst. The rebuttals
shall be placed immediately below the arguments. 
   (d) 
    (e)  If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis. 
   (e) 
    (f)  The complete text of each measure shall appear at
the back of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of law
repealed or revised by the measure. The provisions of the proposed
measure differing from the existing provisions of law affected shall
be distinguished in print, so as to facilitate comparison. 
   (f) 
    (g)  The following statement shall be printed at the
bottom of each page where arguments appear: "Arguments printed on
this page are the opinions of the authors, and have not been checked
for accuracy by any official agency."
  SEC. 3.  Section 12173.5 is added to the Government Code, to read:
   12173.5.  (a) (1) The Secretary of State shall post on his or her
Internet Web site both of the following:
   (A) A list of the 10 highest contributors of fifty thousand
dollars ($50,000) or more who have made the largest cumulative amount
of contributions to primarily formed committees supporting each
statewide ballot measure.
   (B) A list of the 10 highest contributors of fifty thousand
dollars ($50,000) or more who have made the largest cumulative amount
of contributions to primarily formed committees opposing each
statewide ballot measure.
   (2) Each list required by paragraph (1) shall be in order from the
contributor who made the largest cumulative amount of contributions
to the contributor who made the smallest cumulative amount of
contributions. If two or more contributors made an equal amount of
contributions, the contributor who made the most recent contribution
shall be placed higher on the list.
   (3) Each list required by paragraph (1) shall reflect the
cumulative amount of contributions received by primarily formed
committees beginning 12 months before the date each committee made
its first expenditure to qualify, support, or oppose the measure.
   (4) If a contributor is a committee controlled by a candidate, as
defined in Section 82016, the name of the candidate shall be listed.
   (5) If a contributor is a sponsored committee, as defined in
Section 82048.7, the name of the sponsor shall be listed.
   (b) The Secretary of State shall update each list required by
subdivision (a) within five business days after the campaign
statement deadlines provided for in Section 84202.3, and within five
business days after any late contribution report filed pursuant to
Section 84203 if the information in the report affects the lists
required by subdivision (a). During the 16 days before the election
for each statewide ballot measure, each list required by subdivision
(a) shall be updated every 48 hours to include new contributions,
with a final update two business days before the election.
   (c) The Secretary of State shall, within 10 business days after
the January 31 filing deadline provided for in subdivision (a) of
Section 84200, post a final version of each list required by
subdivision (a) for any statewide ballot measure voted on in the
previous calendar year.
   (d) The Secretary of State shall post in a prominent place on the
homepage of his or her Internet Web site a hyperlink to the lists
required by subdivision (a). The Secretary of State shall provide in
the online version of the statewide ballot pamphlet an easily
accessible hyperlink to the lists required by subdivision (a).
   (e) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 shall apply to this section.
  SEC. 4.  Section 88001 of the Government Code is amended to read:
   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) (1) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State's
Internet Web site for information about the 10 highest contributors
to primarily formed committees supporting or opposing each state
measure, as provided for in Section 12173.5.  
   (2) The printed statement required by paragraph (1) shall read
substantially similar to the following: "To learn who are the 10
highest contributors to committees supporting or opposing each state
measure, access the Secretary of State's Internet Web site at
Internet Web site address]."  
   (i) 
    (j)  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) 
    (k)  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) 
    (l)  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) 
    (m)  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.
  SEC. 5.  Section 88002 of the Government Code is amended to read:
   88002.  The ballot pamphlet shall contain as to each state measure
to be voted upon, the following in the order set forth in this
section:
   (a) (1) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
   (A) The identification of the measure by number and title.
   (B) The official summary prepared by the Attorney General.
   (C) The total number of votes cast for and against the measure in
both the State Senate and Assembly if the measure was passed by the
Legislature.
   (2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 of the Elections Code and Section 88003 shall not
be included when measuring the amount of space the information
described in paragraph (1) has taken for purposes of determining
compliance with the restriction prohibiting the information described
in paragraph (1) from exceeding one-third of the page.
   (b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
then the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.

   (c) Immediately below the analysis prepared by the Legislative
Analyst shall appear the printed statement that refers voters to the
Secretary of State's Internet Web site for information about the 10
highest contributors to primarily formed committees supporting or
opposing each state measure, as described in subdivision (i) of
Section 88001.  
   (c) 
    (d)  Arguments for and against the measure shall be
placed on the next left and right pages, respectively, following the
page on which the analysis of the Legislative Analyst ends. The
rebuttals shall be placed immediately below the arguments. 
   (d) 
    (e)  If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis. 
   (e) 
    (f)  The complete text of each measure shall appear at
the back of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of law
repealed or revised by the measure. The provisions of the proposed
measure differing from the existing provisions of law affected shall
be distinguished in print, so as to facilitate comparison. 
   (f) 
    (g)  The following statement shall be printed at the
bottom of each page where arguments appear: "Arguments printed on
this page are the opinions of the authors and have not been checked
for accuracy by any official agency."
  SEC. 6.  The Legislature finds and declares that this act permits
or requires the inclusion of additional information in the ballot
pamphlet in accordance with Section 88007 of the Government Code.