Amended in Assembly June 10, 2014

Amended in Senate May 27, 2014

Amended in Senate May 5, 2014

Amended in Senate March 12, 2014

Senate BillNo. 844


Introduced by Senator Pavley

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

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

January 8, 2014


An act to amend Sectionsbegin delete 9082.7,end delete 9084begin delete,end delete and 9086 of the Elections Code, and to amend Sections 88001 and 88002 ofbegin insert, end insertbegin insertand to add Section 12173.5 to,end insert 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.

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This bill would require the Secretary of State to create an Internet Web site, or use other available technology, to consolidate information about each ballot measure in a manner that is easy for voters to access and understand. The Internet Web site would be required to include a summary of each ballot measure, a list of each committee primarily formed to support or oppose a ballot measure, and a list of a committee’s top 10 contributors, as specified. 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 a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top ten contributors.

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This bill would require the Secretary of State to post on his or her Internet Web site, for each statewide ballot measure, lists of the 10 highest contributors of $50,000 or more who have made the largest cumulative amount of contributions to all campaign committees collectively that are 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 bill would authorize the Secretary of State to adopt guidelines, regulations, or policies, as specified.

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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 23 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:

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P2    1

SECTION 1.  

Section 9082.7 of the Elections Code is amended
2to read:

3

9082.7.  

(a) The Secretary of State shall make available the
4complete state ballot pamphlet over the Internet.

5(b) The Secretary of State shall create an Internet Web site, or
6use other available technology, to consolidate information about
P3    1 each ballot measure in a manner that is easy for voters to access
2and understand. The information shall include all of the following:

3(1) A summary of the ballot measure’s content.

4(2) A list of each committee primarily formed to support or
5oppose the ballot measure, as described in Section 82047.5 of the
6Government Code, and a means to access the sources of funding
7reported for each committee. The sources of funding shall be
8updated as new information becomes available to the public
9pursuant to the Political Reform Act of 1974 (Title 9 (commencing
10with Section 81000) of the Government Code).

11(3) For committees primarily formed to support or oppose a
12state ballot measure that raise one million dollars ($1,000,000) or
13more for an election, the list of the committee’s top 10 contributors
14provided to the Fair Political Practices Commission pursuant to
15Section 84223 of the Government Code. The Fair Political Practices
16Commission shall provide top 10 contributor lists, and any
17subsequent updates to the lists, to the Secretary of State for the
18purposes of compliance with this section.

19(4) Any other Internet Web site hyperlinks to other relevant
20information.

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21

begin deleteSEC. 2.end delete
22begin insertSECTION 1.end insert  

Section 9084 of the Elections Code, as amended
23by Section 2 of Chapter 16 of the Statutes of 2014, is amended to
24read:

25

9084.  

The ballot pamphlet shall contain all of the following:

26(a) A complete copy of each state measure.

27(b) A copy of the specific constitutional or statutory provision,
28if any, that each state measure would repeal or revise.

29(c) A copy of the arguments and rebuttals for and against each
30state measure.

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

32(e) Tables of contents, indexes, art work, graphics, and other
33materials that the Secretary of State determines will make the ballot
34pamphlet easier to understand or more useful for the average voter.

35(f) A notice, conspicuously printed on the cover of the ballot
36pamphlet, indicating that additional copies of the ballot pamphlet
37will be mailed by the county elections official upon request.

38(g) A written explanation of the judicial retention procedure as
39required by Section 9083.

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

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P4    1(i) If the ballot contains an election for a state measure, a printed
2statement that refers voters to the Secretary of State’s Internet Web
3site for a list of committees primarily formed to support or oppose
4a ballot measure, and information on how to access the committee’s
5top 10 contributors.

end delete
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6(i) (1) If the ballot contains an election for a state measure, a
7printed statement that refers voters to the Secretary of State’s
8Internet Web site for information about the 10 highest contributors
9to primarily formed committees supporting or opposing each state
10measure, as provided for in Section 12173.5 of the Government
11Code.

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12(2) The printed statement required by paragraph (1) shall read
13substantially similar to the following: “To learn who are the 10
14highest contributors to committees supporting or opposing each
15state measure, access the ‘Top 10 Lists’ page on the Secretary of
16State’s Internet Web site at [Internet Web site address].”

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17(j) If the ballot contains an election for the office of United
18States Senator, information on candidates for United States Senator.
19A candidate for United States Senator may purchase the space to
20place a statement in the state ballot pamphlet that does not exceed
21250 words. The statement may not make any reference to any
22opponent of the candidate. The statement shall be submitted in
23accordance with timeframes and procedures set forth by the
24Secretary of State for the preparation of the state ballot pamphlet.

25(k) If the ballot contains a question on the confirmation or
26retention of a justice of the Supreme Court, information on justices
27of the Supreme Court who are subject to confirmation or retention.

28(l) If the ballot contains an election for the offices of President
29and Vice President of the United States, a notice that refers voters
30to the Secretary of State’s Internet Web site for information about
31candidates for the offices of President and Vice President of the
32United States.

33(m) A written explanation of the appropriate election procedures
34for party-nominated, voter-nominated, and nonpartisan offices as
35required by Section 9083.5.

36(n) A written explanation of the top 10 contributor lists required
37by Section 84223 of the Government Code, including a description
38of the Internet Web sites where those lists are available to the
39public.

P5    1

begin deleteSEC. 3.end delete
2begin insertSEC. 2.end insert  

Section 9086 of the Elections Code is amended to read:

3

9086.  

The ballot pamphlet shall contain as to each state measure
4to be voted upon, the following, in the order set forth in this
5section:

6(a) (1) Upon the top portion of the first page, and not exceeding
7one-third of the page, shall appear:

8(A) Identification of the measure by number and title.

9(B) The official summary prepared by the Attorney General.

10(C) The total number of votes cast for and against the measure
11in both the State Senate and Assembly, if the measure was passed
12by the Legislature.

13(2) The space in the title and summary that is used for an
14explanatory table prepared pursuant to paragraph (2) of subdivision
15(e) of Section 9087 and Section 88003 of the Government Code
16shall not be included when measuring the amount of space the
17information described in paragraph (1) has taken for purposes of
18determining compliance with the restriction prohibiting the
19information described in paragraph (1) from exceeding one-third
20of the page.

21(b) Beginning at the top of the right page shall appear the
22analysis prepared by the Legislative Analyst, provided that the
23analysis fits on a single page. If it does not fit on a single page,
24the analysis shall begin on the lower portion of the first left page
25and shall continue on subsequent pages until it is completed.

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26(c) Immediately below the analysis prepared by the Legislative
27Analyst shall appear a printed statement that refers voters to the
28Secretary of State’s Internet Web site for a list of committees
29primarily formed to support or oppose a ballot measure, and
30information on how to access the committee’s top 10 contributors.

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31(c) Immediately below the analysis prepared by the Legislative
32Analyst shall appear the printed statement that refers voters to the
33Secretary of State’s Internet Web site for information about the
3410 highest contributors to primarily formed committees supporting
35or opposing each state measure, as described in subdivision (i) of
36Section 9084.

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37(d) Arguments for and against the measure shall be placed on
38the next left and right pages, respectively, following the final page
39of the analysis of the Legislative Analyst. The rebuttals shall be
40placed immediately below the arguments.

P6    1(e) If no argument against the measure has been submitted, the
2argument for the measure shall appear on the right page facing the
3analysis.

4(f) The complete text of each measure shall appear at the back
5of the pamphlet. The text of the measure shall contain the
6provisions of the proposed measure and the existing provisions of
7law repealed or revised by the measure. The provisions of the
8proposed measure differing from the existing provisions of law
9affected shall be distinguished in print, so as to facilitate
10comparison.

11(g) The following statement shall be printed at the bottom of
12each page where arguments appear: “Arguments printed on this
13page are the opinions of the authors, and have not been checked
14for accuracy by any official agency.”

15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 12173.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
16read:end insert

begin insert
17

begin insert12173.5.end insert  

(a) (1) The Secretary of State shall post on his or
18her Internet Web site, on a page entitled “Top 10 Lists,” both of
19the following for each statewide ballot measure:

20(A) A list of the 10 highest contributors of fifty thousand dollars
21($50,000) or more who have made the largest cumulative amount
22of contributions to all primarily formed committees collectively
23that are supporting the measure.

24(B) A list of the 10 highest contributors of fifty thousand dollars
25($50,000) or more who have made the largest cumulative amount
26of contributions to all primarily formed committees collectively
27that are opposing the measure.

28(2) Each list required by paragraph (1) shall identify the names
29of the 10 contributors who have made the largest cumulative
30contributions to the committee, the total amount of each
31contributor’s contributions, the employer and occupation of the
32contributor, if any, the city and state of the contributor, and the
33contributor’s committee identification number, if any.

34(3) Each list required by paragraph (1) shall be in order from
35the contributor who made the largest cumulative amount of
36contributions to the contributor who made the smallest cumulative
37amount of contributions. If two or more contributors made an
38equal amount of contributions, those contributors shall be listed
39in alphabetical order.

P7    1(4) Each list required by paragraph (1) shall reflect the
2cumulative amount of contributions received by primarily formed
3 committees beginning 12 months before the date each committee
4made its first expenditure to qualify, support, or oppose the
5measure.

6(5) If a contributor is a committee controlled by a candidate,
7as defined in Section 82016, the name of the candidate shall be
8listed.

9(6) If a contributor is a sponsored committee, as defined in
10Section 82048.7, the name of the sponsor shall be listed.

11(b) The Secretary of State shall make reasonable efforts to
12ensure that each list required by subdivision (a) does all of the
13following:

14(1) Excludes any transfer of funds between two or more
15primarily formed committees for or against the same statewide
16ballot measure in order to prevent counting the funds more than
17once.

18(2) Treats a contribution that is made to a primarily formed
19committee that supports or opposes more than one statewide ballot
20measure as if the contribution was made in connection with each
21statewide ballot measure the committee supports or opposes.

22(3) Marks the name of a contributor with an asterisk if the
23contributor made a contribution to a primarily formed committee
24that supports or opposes more than one statewide ballot measure.

25(4) Includes, beyond the 10 highest contributors of fifty thousand
26dollars ($50,000) or more, an additional contributor of fifty
27thousand dollars ($50,000) or more for each contributor to a
28primarily formed committee that supports or opposes more than
29one statewide ballot measure. For each contributor whose name
30is marked by an asterisk pursuant to paragraph (3), the list shall
31be expanded to include the next highest contributor of fifty
32thousand dollars ($50,000) or more.

33(5) Includes a statement substantially similar to the following:
34“Note: A contributor whose name is marked by an asterisk made
35a contribution to a committee that simultaneously supported or
36opposed more than one statewide ballot measure on the [Month]
37 [Day], [Year] ballot. In these cases, it is not possible to determine
38the amount of the contribution that was spent specifically on the
39campaign for any particular measure.”

P8    1(c) The Secretary of State shall update each list required by
2subdivision (a) within five business days after the campaign
3statement deadlines provided for in Section 84202.3, and within
4five business days after any late contribution report filed pursuant
5to Section 84203 if the information in the report affects the lists
6required by subdivision (a). During the 16 days before the election
7for each statewide ballot measure, each list required by subdivision
8(a) shall be updated every 48 hours to include new contributions,
9with a final update two business days before the election.

10(d) The Secretary of State shall, within 10 business days after
11the January 31 filing deadline provided for in subdivision (a) of
12Section 84200, post a final version of each list required by
13subdivision (a) for any statewide ballot measure voted on in the
14previous calendar year.

15(e) The Secretary of State shall post in a prominent place on
16the homepage of his or her Internet Web site a hyperlink to the
17lists required by subdivision (a). The Secretary of State shall
18provide in the online version of the statewide ballot pamphlet an
19easily accessible hyperlink to the lists required by subdivision (a).

20(f) The Secretary of State may adopt guidelines, regulations, or
21policies necessary to implement this section. Any guidelines,
22regulations, or policies adopted pursuant to this subdivision shall
23be posted on the Secretary of State’s Internet Web site.

24(g) The definitions set forth in Chapter 2 (commencing with
25Section 82000) of Title 9 shall apply to this section.

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26

SEC. 4.  

Section 88001 of the Government Code, as amended
27by Section 8 of Chapter 16 of the Statutes of 2014, is amended to
28read:

29

88001.  

The ballot pamphlet shall contain all of the following:

30(a) A complete copy of each state measure.

31(b) A copy of the specific constitutional or statutory provision,
32if any, that would be repealed or revised by each state measure.

33(c) A copy of the arguments and rebuttals for and against each
34state measure.

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

36(e) Tables of contents, indexes, art work, graphics, and other
37materials that the Secretary of State determines will make the ballot
38pamphlet easier to understand or more useful for the average voter.

P9    1(f) A notice, conspicuously printed on the cover of the ballot
2pamphlet, indicating that additional copies of the ballot pamphlet
3will be mailed by the county elections official upon request.

4(g) A written explanation of the judicial retention procedure as
5required by Section 9083 of the Elections Code.

6(h) The Voter Bill of Rights pursuant to Section 2300 of the
7Elections Code.

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8(i) If the ballot contains an election for a state measure, a printed
9statement that refers voters to the Secretary of State’s Internet Web
10site for a list of committees primarily formed to support or oppose
11a ballot measure, and information on how to access the committee’s
12 top 10 contributors.

end delete
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13(i) (1) If the ballot contains an election for a state measure, a
14printed statement that refers voters to the Secretary of State’s
15Internet Web site for information about the 10 highest contributors
16to primarily formed committees supporting or opposing each state
17measure, as provided for in Section 12173.5.

end insert
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18(2) The printed statement required by paragraph (1) shall read
19substantially similar to the following: “To learn who are the 10
20highest contributors to committees supporting or opposing each
21state measure, access the ‘Top 10 Lists’ page on the Secretary of
22State’s Internet Web site at [Internet Web site address].”

end insert

23(j) If the ballot contains an election for the office of United
24States Senator, information on candidates for United States Senator.
25A candidate for United States Senator may purchase the space to
26place a statement in the state ballot pamphlet that does not exceed
27250 words. The statement may not make any reference to any
28opponent of the candidate. The statement shall be submitted in
29accordance with timeframes and procedures set forth by the
30Secretary of State for the preparation of the state ballot pamphlet.

31(k) If the ballot contains a question as to the confirmation or
32retention of a justice of the Supreme Court, information on justices
33of the Supreme Court who are subject to confirmation or retention.

34(l) If the ballot contains an election for the offices of President
35and Vice President of the United States, a notice that refers voters
36to the Secretary of State’s Internet Web site for information about
37candidates for the offices of President and Vice President of the
38United States.

P10   1(m) A written explanation of the appropriate election procedures
2for party-nominated, voter-nominated, and nonpartisan offices as
3required by Section 9083.5 of the Elections Code.

4(n) A written explanation of the top 10 contributor lists required
5by Section 84223, including a description of the Internet Web sites
6where those lists are available to the public.

7

SEC. 5.  

Section 88002 of the Government Code is amended
8to read:

9

88002.  

The ballot pamphlet shall contain as to each state
10measure to be voted upon, the following in the order set forth in
11this section:

12(a) (1) Upon the top portion of the first page and not exceeding
13one-third of the page shall appear:

14(A) The identification of the measure by number and title.

15(B) The official summary prepared by the Attorney General.

16(C) The total number of votes cast for and against the measure
17in both the State Senate and Assembly if the measure was passed
18by the Legislature.

19(2) The space in the title and summary that is used for an
20explanatory table prepared pursuant to paragraph (2) of subdivision
21(e) of Section 9087 of the Elections Code and Section 88003 shall
22not be included when measuring the amount of space the
23information described in paragraph (1) has taken for purposes of
24determining compliance with the restriction prohibiting the
25information described in paragraph (1) from exceeding one-third
26of the page.

27(b) Beginning at the top of the right page shall appear the
28analysis prepared by the Legislative Analyst, provided that the
29analysis fits on a single page. If it does not fit on a single page,
30then the analysis shall begin on the lower portion of the first left
31page and shall continue on subsequent pages until it is completed.

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32(c) Immediately below the analysis prepared by the Legislative
33Analyst shall appeara printed statement that refers voters to the
34Secretary of State’s Internet Web site for a list of committees
35primarily formed to support or oppose a ballot measure, and
36information on how to access the committee’s top 10 contributors.

end delete
begin insert

37(c) Immediately below the analysis prepared by the Legislative
38Analyst shall appear the printed statement that refers voters to the
39Secretary of State’s Internet Web site for information about the
4010 highest contributors to primarily formed committees supporting
P11   1or opposing each state measure, as described in subdivision (i) of
2Section 88001.

end insert

3(d) Arguments for and against the measure shall be placed on
4the next left and right pages, respectively, following the page on
5which the analysis of the Legislative Analyst ends. The rebuttals
6shall be placed immediately below the arguments.

7(e) If no argument against the measure has been submitted, the
8argument for the measure shall appear on the right page facing the
9analysis.

10(f) The complete text of each measure shall appear at the back
11of the pamphlet. The text of the measure shall contain the
12provisions of the proposed measure and the existing provisions of
13law repealed or revised by the measure. The provisions of the
14proposed measure differing from the existing provisions of law
15affected shall be distinguished in print, so as to facilitate
16comparison.

17(g) The following statement shall be printed at the bottom of
18each page where arguments appear: “Arguments printed on this
19page are the opinions of the authors and have not been checked
20for accuracy by any official agency.”

21

SEC. 6.  

The Legislature finds and declares that this act permits
22or requires the inclusion of additional information in the ballot
23pamphlet in accordance with Section 88007 of the Government
24Code.



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