BILL NUMBER: SB 844 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 17, 2014
AMENDED IN ASSEMBLY JUNE 10, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 5, 2014
AMENDED IN SENATE MARCH 12, 2014
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 Sections 9082.7 , 9084, and
9086 of the Elections Code, and to amend Sections 88001 and
Section 88002 of 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 state ballot pamphlet for each
statewide ballot measure to be voted upon.
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 the total amount
of reported contributions made 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
state ballot pamphlet to include for each ballot
measure 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.
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 9082.7 of the Elections Code is amended to
read:
9082.7. (a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain , for each
candidate featured in the pamphlet and each committee supporting or
opposing a state ballot measure featured in the pamphlet, a hyperlink
to any campaign contribution disclosure reports for that candidate
or committee that are available online. all of the
following:
(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about each
state ballot measure in a manner that is easy for voters to access
and understand on any computer system platform .
The information shall include all of the following:
(1) A summary of the ballot measure's content.
(2) The total amount of reported contributions made in support of
and opposition to the ballot measure and the total amount of
reported independent expenditures made in support of and opposition
to the ballot measure. , calculated and updated as
follows:
(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts of
contributions made in support of the ballot measure and reported in
semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts of
contributions made in opposition to the ballot measure and reported
in semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:
(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if the
total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.
(B) The total amount of reported
contributions calculated under this paragraph for each state ballot
measure shall be updated not later than five business days after
receipt of a semiannual statement, campaign statement, or preelection
statement and not later than two business days after receipt of a
late contribution report within 16 days of the election at which the
measure will appear on the ballot.
(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied by
an explanation that the contribution totals may be overstated due to
the inclusion of contributions made to committees supporting or
opposing more than one state ballot measure, as required by subclause
(II) of clause (iii) of subparagraph (A).
(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223 of
the Government Code. The Fair Political Practices Commission
shall provide the list, and any updates to the list, to the
Secretary of State for purposes of this paragraph.
(4) (A) A list of each committee primarily
formed to support or oppose the ballot measure, as described in
Section 82047.5 of the Government Code, and a means to access the
sources of funding reported for each committee. The sources
of funding shall be updated as new information becomes available to
the public pursuant to the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government Code).
(5) For committees primarily formed to support or oppose a state
ballot measure that raise one million dollars ($1,000,000) or more
for an election, the list of the committee's top 10 contributors
provided to the Fair Political Practices Commission pursuant to
Section 84223 of the Government Code. The Fair Political Practices
Commission shall provide top 10 contributor lists, and any subsequent
updates to the lists, to the Secretary of State for the purposes of
compliance with this section.
(6) Any other Internet Web site hyperlinks to other relevant
information.
(B) Information about the sources of contributions shall be
updated as new information becomes available to the public pursuant
to the Political Reform Act of 1974 (Title 9 (commencing with Section
81000) of the Government Code).
(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee's top 10 contributors reported
to the Fair Political Practices Commission pursuant to subdivision
(a) of Section 84223 of the Government Code.
(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices Commission
shall automatically provide any list of top 10 contributors created
pursuant to Section 84223 of the Government Code, and any subsequent
updates to that list, to the Secretary of State for purposes of
compliance with this section.
SEC. 2. Section 9084 of the Elections Code, as
amended by Section 2 of Chapter 16 of the Statutes of 2014, 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) 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 a list of committees primarily formed to
support or oppose a ballot measure, and information on how to access
the committee's top 10 contributors.
(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.
(m) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.
(n) 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.
SEC. 3. 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 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 10 contributors.
(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. 4. Section 88001 of the Government Code,
as amended by Section 8 of Chapter 16 of the Statutes of 2014, 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) 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 a list of committees primarily formed to
support or oppose a ballot measure, and information on how to access
the committee's top 10 contributors.
(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.
(n) 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.
SEC. 5. SEC. 3. 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 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 10 contributors.
(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. SEC. 4. 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.