BILL ANALYSIS                                                                                                                                                                                                    Ó






                           SENATE COMMITTEE ON ELECTIONS 
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   SB 1104              HEARING DATE: 4/22/14
          AUTHOR:    PADILLA              ANALYSIS BY:  Darren Chesin
          AMENDED:   AS INTRODUCED 
          FISCAL:    YES
          
                                        SUBJECT

           Political Reform Act: campaign communication disclosure

                                      DESCRIPTION  
          
           Existing law  , pursuant to the Political Reform Act (PRA),  
          regulates certain campaign communications, including mass  
          mailings, slate mailers, print advertisements, and broadcast  
          advertisements, by requiring those items to include specified  
          information and disclosures.  

           Existing law  , for purposes of the PRA, defines "advertisement"  
          as any general or public advertisement which is authorized and  
          paid for by a person or committee for the purpose of supporting  
          or opposing a candidate for elective office or a ballot measure  
          or ballot measures.  "Advertisement" does not include a  
          communication from an organization (other than a political  
          party) to its members, a campaign button smaller than 10 inches  
          in diameter, a bumper sticker smaller than 60 square inches, or  
          other advertisement as determined by regulations of the Fair  
          Political Practices Commission (FPPC).

           Existing law  , for purposes of the PRA, defines "mass mailing" as  
          over two hundred substantially similar pieces of mail.  "Slate  
          mailer" means a mass mailing which supports or opposes a total  
          of four or more candidates or ballot measures.

           This bill  would require candidates for elective state office,  
          slate mailer organizations, and committees that authorize  
          expenditures for campaign communications, as defined, to file an  
          electronic copy of their campaign communications with the  
          Secretary of State (SOS) as follows:

           A campaign communication that is distributed during the period  
            from 90 days prior to the election at which the candidate or  









            measure that is the subject of the campaign communication will  
            appear on the ballot to the day of the election, inclusive,  
            must be filed not later than 24 hours after the first  
            distribution of the campaign communication.

           A campaign communication that is distributed at any time must  
            be filed not later than five business days after the first  
            distribution of the campaign communication.

           This bill  would require the SOS to maintain an archive of the  
          filed campaign communications and to make the campaign  
          communications available for public inspection.

           This bill  would provide, for purposes of its requirements, that  
          the following terms have the following meanings:

           "Campaign communication" means an advertisement, that  
            advocates support for or opposition to a candidate for  
            elective state office or a statewide ballot measure; a mass  
            mailing that advocates support for or opposition to a  
            candidate for elective state office or a statewide ballot  
            measure; or a slate mailer.

           "Elective state office" means the office of Governor,  
            Lieutenant Governor, Attorney General, Insurance Commissioner,  
            Controller, Secretary of State, Treasurer, Superintendent of  
            Public Instruction, Member of the Legislature, and member of  
            the State Board of Equalization.

                                      BACKGROUND  
          
           Blast from the Past  .  The PRA, as originally enacted via  
          Proposition 9 of 1974, required that "?a copy of every mass  
          mailing in support of or in opposition to a state candidate or  
          state measure shall be sent to the commission (FPPC).  Such  
          copies sent to the commission shall be public records."  

          According to Robert Stern, one of the architects of Proposition  
          9 and former General Counsel to the FPPC, this provision was  
          inserted in the PRA because "it was hoped that it would reduce  
          negative mailings since a copy would be on file with the FPPC."   
          The FPPC sponsored the repeal of this requirement in the late  
          1970s because, according to Stern, "very few people were coming  
          to the office to look at the mailings and the boxes were piling  
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          high in our storage room."  

           Local Jurisdictions and Other States  .  Marin County along with  
          the cities of Los Angeles, West Hollywood, Palmdale, San Jose,  
          and Berkeley require disclosure of campaign communications  
          during their municipal elections.  Other states that have a  
          similar requirement include New York, New Jersey, Montana and  
          Oklahoma. 
                                           
                                      COMMENTS  
          
           1.According to the Author :  The Secretary of State serves as a  
            general repository of historical state documents. The initial  
            PRA required candidates to submit "a copy of every mass  
            mailing in support of or in opposition to a state candidate or  
            state measure?Such copies sent to the commission shall be  
            public records." (Gov. § 84305).  Since then, technology has  
            advanced to facilitate electronic communications between the  
            public and those running for office. Reinstating this  
            requirement will serve to inform and engage voters, thus  
            helping to restore public trust in elected officials.  

          Electronic disclosure of communications is consistent with the  
            increasing acceptance of digital filings for public disclosure  
            reports. The public is served in that any interested  
            individual will be able to access these documents on the  
            Secretary of State's website. Providing the public with swift  
            and easy access to candidate filings would promote the goal of  
            an informed electorate.  

          It would also serve another important public policy purpose by  
            allowing candidates and others subject to disclosure to  
            monitor online their own submissions to the Secretary of State  
            to confirm compliance with the law. 

          SB 1104 would uphold the intent of the PRA by engaging and  
            informing the electorate in the democratic political process.  
            This very same requirement was a part of the original PRA  
            because our predecessors valued the importance of transparency  
            and disclosure to the constituents of the state.  While this  
            requirement was repealed from the PRA due to a lack of  
            accessibility, the progress of technology no longer makes this  
            an issue. Digital materials are acceptable in the public  
            disclosure of financial contributions and should welcome the  
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            inclusion of political campaign communications.  

           2.Short on Details  .  This bill requires candidates for elective  
            state office, slate mailer organizations, and committees that  
            authorize expenditures for campaign communications to file an  
            electronic copy of their campaign communications with the SOS  
            within specified time periods and requires the SOS to maintain  
            an archive of these campaign communications available for  
            public inspection.  This bill does not however specify the  
            manner in which these communications must be electronically  
            filed (i.e., via the SOS website, via email, etc.) nor does it  
            specify the manner in which these archived communications  
            shall be made available for public inspection.  The manner in  
            which these communications are filed will have a significant  
            effect on the costs and relative difficulty associated with  
            compliance.  The manner in which they are made available for  
            public inspection will similarly have a significant impact on  
            costs borne by the state.  Absent further statutory guidance,  
            clarification of these details would arguably fall on the SOS  
            to address via the regulatory process.  Is this the author's  
            intent?

                                       POSITIONS  

          Sponsor: Author

           Support: None received

           Oppose:  None received














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