BILL ANALYSIS Ó
SB 844
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Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 844 (Pavley) - As Amended: June 17, 2014
SENATE VOTE : 35-0
SUBJECT : Elections: ballot measure contributions.
SUMMARY : Requires the Secretary of State (SOS) to 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, as specified. Specifically, this
bill :
1)Requires the online version of the state ballot pamphlet to
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 those candidates or
committees that are available online.
2)Requires the SOS 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 on any computer system platform. Requires the
information to include all of the following:
a) A summary of the ballot measure's content;
b) The total amount of reported contributions made in
support of and opposition to a ballot measure and the total
amount of reported independent expenditures made in support
of and opposition to a ballot measure;
c) A current list of the top 10 contributors supporting and
opposing a ballot measure, if compiled by the Fair
Political Practices Commission (FPPC) pursuant to current
law. Requires the FPPC to provide the list, and any
updates to the list, to the SOS;
d) A list of each committee primarily formed to support or
oppose the ballot measure, as described by current law, and
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a means to access the sources of funding reported for each
committee. Requires the sources of funding to be updated
as new information becomes available to the public pursuant
to the Political Reform Act of 1974 (PRA);
e) 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 FPPC
pursuant to current law. Requires the FPPC to provide the
top 10 contributor lists, and any subsequent updates to the
lists, to the SOS for the purposes of compliance with the
provisions of this bill; and,
f) Any other Internet Web site hyperlinks to other relevant
information.
3)Requires the ballot pamphlet, if the ballot contains an
election for a state measure, to contain a printed statement
that refers voters to the SOS'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.
4)Requires the ballot pamphlet, for each state measure to be
voted upon, to contain, immediately below the analysis
prepared by the Legislative Analyst, a printed statement that
refers voters to the SOS'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.
EXISTING LAW :
1)Requires the statewide ballot pamphlet to include information,
in a specific order, for each state measure to be voted upon
including, but not limited to:
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
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each state measure;
d) A copy of the analysis of each state measure prepared by
the Legislative Analyst; and,
e) Table of contents, indexes, art work, graphics, and
other materials that the SOS determines will make the
ballot pamphlet easier to understand or more useful for the
average voter.
2)Provides for the comprehensive regulation of campaign
financing, including requiring the reporting of campaign
contributions and expenditures, as defined, and imposing other
reporting and recordkeeping requirements on campaign
committees, as defined.
3)Requires each campaign committee formed or existing primarily
to support or oppose a statewide ballot measure to file with
the SOS periodic reports identifying the sources and amounts
of contributions received during specified periods.
4)Requires a committee primarily formed to support or oppose a
state ballot measure or state candidate that raises $1,000,000
or more for an election, to maintain an accurate list of the
committee's top 10 contributors, as specified by the FPPC.
Requires a current list of the top 10 contributors to be
disclosed on the FPPC's Internet Web site, as specified.
Requires the FPPC to update the top 10 contributor list as
specified. Requires the FPPC to adopt regulations to govern
the manner in which the FPPC displays the top 10 contributor
list. Requires the FPPC to provide the top 10 contributor
lists to the SOS, upon request of the SOS, for the purpose of
additionally posting the contributor lists on the SOS's
Internet Web site.
5)Requires the FPPC to compile, maintain, and display on its
Internet Web site a current list of the top contributors
supporting and opposing each state ballot measure, as
specified.
6)Requires the state ballot pamphlet to contain a written
explanation of the top 10 contributor lists described above,
including a description of the Internet Web site where the
lists are available to the public.
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FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author:
Over the last two decades, the Legislature has proposed
approximately a half dozen proposals to address the
public's demand and right to know about who is financing
California's ballot initiatives. SB 844 is a narrowly
crafted bill that addresses many of the failings and
omissions of previous legislative attempts and provides a
sensible and efficient way for voters to access this
information.
Money plays an enormous role in our politics, but
unfortunately voters are often in the dark about who is
trying to influence the outcome of initiative campaigns,
Californians need greater transparency so they can vote
with full knowledge of the financial forces working behind
the scenes to shape state law.
Surveys conducted by the Public Policy Institute of
California have consistently found that more than 80
percent of likely voters support requiring funding
disclosure of donations towards ballot initiatives.
According to MapLight, a nonprofit elections research
organization, in order to find out campaign finance
information for Proposition 30 (2012), it took 460 mouse
clicks to compile a complete list of contributors for and
against the ballot initiative.
The average voter does not have the time, nor the expertise
to parse through each individual committee to figure out
who the top cumulative contributors are for or against each
proposition. Without easy-to-access and easy-to-use tools
that can identify the top contributors to campaigns for and
against ballot initiatives, voters will have a more
difficult time making an informed decision about state
policy.
The status quo situation of expecting voters to wade
through endless lists of data and employ hundreds of mouse
clicks to determine who is influencing campaigns is simply
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unacceptable and not a reasonable expectation.
SB 844 would provide voters with the identities of large
financial contributors who pump millions of dollars into
campaigns to pass or defeat state ballot initiatives. This
information is crucial to ensuring that voters make
informed decisions at the ballot box.
2)Contributor Lists in the Ballot Pamphlet and Online : Over the
years, numerous legislative proposals have attempted to bring
more transparency to who is financing ballot measures. Many
proposals have attempted to add campaign contribution
information to the state ballot pamphlet as well as require it
to be posted and accessible online. Last session, SB 334
(DeSaulnier) of 2011, which was vetoed by Governor Brown,
would have required the state ballot pamphlet to contain a
list of the five highest contributors of $50,000 or more to
each primarily formed committee supporting or opposing each
state measure appearing on the ballot. In his veto message
the Governor stated the following:
This bill would require that the voter pamphlet list the
top five contributors for and against a ballot measure.
Printing of the voter pamphlet starts months before an
election, so the required contributor list would only
include contributions received more than 15 weeks before an
election. I am concerned that this outdated information
could mislead voters about the true supporters and
opponents of a ballot measure.
The Secretary of State's website already provides
up-to-date and accurate information on all campaign
contributions. It is a helpful resource for concerned
voters.
This bill, however, does not require the ballot pamphlet to
contain contributor information. Rather, this bill requires
the ballot pamphlet, if the ballot contains an election for a
state measure, to contain a printed statement that refers
voters to the SOS'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.
In addition to the statement provided in the printed ballot
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pamphlet, this bill also requires the online version of the
state ballot pamphlet to contain, for each candidate and
committee supporting or opposing a state ballot measure
featured in the pamphlet, a hyperlink to any campaign
contribution disclosure reports for each candidate or
committee that are available online. Directing voters to the
SOS's web site and to campaign contribution disclosure reports
may be helpful in providing more disclosure on contributions
received and expenditures made by each candidate and
committee. However, if those reports are not easy to
understand by the average voter then they may not be as
helpful as intended.
3)State Committee Contributor Lists : Earlier this year, the
Legislature passed and the Governor signed SB 27 (Correa),
Chapter 16, Statutes of 2014, which, among other things,
requires a committee primarily formed to support or oppose a
state ballot measure or state candidate, that raises
$1,000,000 or more for an election, to maintain an accurate
list of the committee's top 10 contributors, as specified by
the FPPC. In addition, SB 27 requires the current list of the
top 10 contributors to be disclosed on the FPPC's Internet Web
site, as specified, and requires the FPPC to update the top 10
contributor lists, as specified. SB 27 requires the FPPC to
provide the top 10 contributor lists to the SOS, upon request
of the SOS, for the purpose of posting the contributor lists
on the SOS's Internet Web site.
This bill incorporates similar provisions contained in SB 27.
For instance, this bill requires the SOS to create an Internet
Web site, or use other available technology, to consolidate
information about each state ballot measure that includes a
summary of a ballot measure's content, a current list of the
top 10 contributors supporting and opposing a ballot measure
compiled by the FPPC, as specified, and a list of the top 10
contributors provided by the FPPC for committees primarily
formed to support or oppose a state ballot measure that raise
$1,000,000 or more for an election, as specified.
In addition to these provisions, this bill also requires the
web site created by the SOS to include the total amount of
reported contributions and independent expenditures made in
support of and opposition to a ballot measure as well as a
list of each committee primarily formed to support or oppose a
ballot measure and a means to access the sources of funding
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reported for each committee. While these new disclosure
requirements may provide more transparency, the bill does not
specify when these figures will be updated. In particular,
the requirement to post the total amount of reported
contributions and independent expenditures does not specify
when the totals will be updated. Consequently the information
provided may be outdated and inaccurate. The committee may
wish to amend the bill to provide a timeframe by which the SOS
must update the total amount of reported contributions and
independent expenditures made in support of and opposition to
a ballot measure.
4)Computer System Platform : As mentioned above, this bill
requires the SOS 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 on any computer system platform. It is unclear
what the author means by "any computer system platform." The
phrase is very broad and could be interpreted to mean that the
information must be accessible on any computer system
platform, regardless of how old or obsolete the system is.
5)Primarily Formed Committees : The PRA defines a "primarily
formed committee" as a recipient committee which is formed or
exists primarily to support or oppose any of the following: a
single candidate, a single measure, a group of specific
candidates being voted upon in the same city, county, or
multicounty election, or two or more measures being voted upon
in the same city, county, multicounty, or state election.
6)Arguments in Support : Maplight writes in support:
The political process in California is being flooded by
money. In 2012 alone, over $400 million went into
campaigns to support and oppose our state ballot measures,
an average of nearly $35 million per proposition. 70 % of
this money (over $300 million) came from just 20
contributors.
With such large amounts of money coming from such a small
fraction of the California electorate (and oftentimes from
sources outside of California), it is more important than
ever that California voters know who is spending money to
influence their decisions at the ballot box?
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By allowing voters to easily identify the top ten largest
financial contributors for and against California
propositions, SB 844 will enable voters to access who is
seeking to influence their decisions at the ballot box.
7)Related Legislation : SB 1253 (Steinberg), which is also being
heard in this committee today, contains similar provisions to
those included in this bill. SB 1253, among other provisions,
requires the SOS to 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. Specifically, SB 1253 requires the web
site to include, among other things, a summary of each ballot
measure, a current list of the top 10 contributors supporting
or opposing a ballot measure, as specified, a list of each
committee primarily formed to support or oppose a ballot
measure, as specified, and for committees primarily formed to
support or oppose a state ballot measure that raise $1,000,000
or more for an election, a list of the committee's top 10
contributors as provided by the FPPC, as specified.
8)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders, and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the proposition and require a
two-thirds vote of each house of the Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
California Common Cause
California Forward Action Fund
California Voter Foundation
City of Thousand Oaks
League of Women Voters of California
MapLight
Service Employees International Union, California State Council
Opposition
None on file.
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Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094