Amended in Senate May 5, 2014

Amended in Senate March 12, 2014

Senate Bill No. 844

Introduced by Senator Pavley

(Coauthors: Senators begin insert Anderson, end insert Block, Correa, De León, DeSaulnier, begin insert Hancock, end insert Leno, and Padilla)

(Coauthors: Assembly Members Dickinson, Garcia, and Wieckowski)

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 amended, 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, begin delete a list end delete begin insert lists end insert of the 10 highest contributors of $50,000 or more who have made the largest cumulative amount of contributions to begin insert all end insert campaign committees begin insert collectively that are end insert 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. begin insert The bill would authorize the Secretary of State to adopt guidelines, regulations, or policies, as specified. end insert

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 begin insert ‘Top 10 Lists’ page on the end insert Secretary of
State’s Internet Web site at [Internet Web site address].”

(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.

(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.

(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.

(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.

(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(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.

(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 begin insert , on a page entitled “Top 10 Lists, end insert begin insert ” end insert both of
the following begin insert for each statewide ballot measure end insert :

(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 begin insert all end insert primarily formed committees begin insert collectively
that are end insert supporting begin delete each statewide ballot end delete begin insert the end insert 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 begin insert all end insert primarily formed committees begin insert collectively
that are end insert opposing begin delete each statewide ballot end delete begin insert the end insert measure.

(2) Each list required by paragraph (1) shall identify the names
of the 10 contributors who have made the largest cumulative
contributions to the committee, the total amount of each
contributor’s contributions, the employer and occupation of the
contributor, if any, the city and state of the contributor, and the
contributor’s committee identification number, if any.

(3) 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, begin delete the contributor who made the most recent
contribution shall be placed higher on the list. end delete begin insert those contributors
shall be listed in alphabetical order. end insert

(4) 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.

(5) If a contributor is a committee controlled by a candidate, as
defined in Section 82016, the name of the candidate shall be listed.

(6) If a contributor is a sponsored committee, as defined in
Section 82048.7, the name of the sponsor shall be listed.

begin insert

(b) The Secretary of State shall make reasonable efforts to
ensure that each list required by subdivision (a) does all of the
following:

end insert begin insert

(1) Excludes any transfer of funds between two or more
primarily formed committees for or against the same statewide
ballot measure in order to prevent counting the funds more than
once.

end insert begin insert

(2) Treats a contribution that is made to a primarily formed
committee that supports or opposes more than one statewide ballot
measure as if the contribution was made in connection with each
statewide ballot measure the committee supports or opposes.

end insert begin insert

(3) Marks the name of a contributor with an asterisk if the
contributor made a contribution to a primarily formed committee
that supports or opposes more than one statewide ballot measure.

end insert begin insert

(4) Includes, beyond the 10 highest contributors of fifty thousand
dollars ($50,000) or more, an additional contributor of fifty
thousand dollars ($50,000) or more for each contributor to a
primarily formed committee that supports or opposes more than
one statewide ballot measure. For each contributor whose name
is marked by an asterisk pursuant to paragraph (3), the list shall
be expanded to include the next highest contributor of fifty
thousand dollars ($50,000) or more.

end insert begin insert

(5) Includes a statement substantially similar to the following:
“Note: A contributor whose name is marked by an asterisk made
a contribution to a committee that simultaneously supported or
opposed more than one statewide ballot measure on the [Month]
[Day], [Year] ballot. In these cases, it is not possible to determine
the amount of the contribution that was spent specifically on the
campaign for any particular measure.”

end insert begin delete

(b)

end delete

begin insert (c) end insert  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.

begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  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).

begin insert

(f) The Secretary of State may adopt guidelines, regulations, or
policies necessary to implement this section. Any guidelines,
regulations, or policies adopted pursuant to this subdivision shall
be posted on the Secretary of State’s Internet Web site.

end insert begin delete

(e)

end delete

begin insert (g) end insert  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 begin insert , end insert 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 begin insert ‘Top 10 Lists’ page on the end insert Secretary of
State’s Internet Web site at [Internet Web site address].”

(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.

(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.

(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.

(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.

(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.

(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(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.

(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.