BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1104|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1104
Author: Padilla (D)
Amended: 5/15/14
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-1, 4/22/14
AYES: Torres, Hancock, Jackson, Padilla
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Political Reform Act: campaign communication
disclosure
SOURCE : Author
DIGEST : This bill requires 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 specified.
ANALYSIS :
Existing law:
1.Regulates, pursuant to the Political Reform Act (PRA), certain
campaign communications, including mass mailings, slate
CONTINUED
SB 1104
Page
2
mailers, print advertisements, and broadcast advertisements,
by requiring those items to include specified information and
disclosures.
2.Defines "advertisement," for purposes of the PRA, 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).
3.Defines "mass mailing," for purposes of the PRA, 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:
1.Requires 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 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 no later than 24 hours
after the first distribution of the campaign communication.
A campaign communication that is distributed at any time
must be filed no later than five business days after the
first distribution of the campaign communication.
1.Requires the SOS to maintain an archive of the filed campaign
communications and to make the campaign communications
available for public inspection on his/her Internet Web site.
2.Provides, for purposes of its requirements, that the following
terms have the following meanings:
CONTINUED
SB 1104
Page
3
"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, State Controller, SOS, Treasurer,
Superintendent of Public Instruction, Member of the
Legislature, and member of the Board of Equalization.
1.Specifies that these changes will take effect on July 1, 2017.
Background
The PRA, as originally enacted via Proposition 9 of 1974 (Prop
9), 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 Prop 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
CONTINUED
SB 1104
Page
4
Estimated one-time costs of approximately $2.7 million, and
annual ongoing costs of $580,000 to the SOS (General Fund).
Annual costs of $90,133 to the FPPC (General Fund).
The SOS estimates one-time costs totaling $2.7 million for the
implementation of a computerized public access system as
follows: $200,000 for a feasibility study report; $800,000 for
a System Integration Vendor; $900,000 in hardware costs;
staffing costs of $300,000, and project oversight expenses
totaling $500,000. Ongoing costs totaling $580,000 consist of
two personnel years (PYs) in the Political Reform Division, and
two PY's in the Information Technology Division.
The FPPC indicates the need for one Political Reform Consultant
to handle requests for advice on the new definitions.
Additionally, the SOS indicates unknown potential long-term
costs for permanently preserving digital records including
maintaining systems for public access and migrating digital
information to successive server and platform changes over time.
SUPPORT : (Verified 5/23/14)
MapLight
National Organization for Women
ARGUMENTS IN SUPPORT : According to the author's office, the
SOS 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." 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 SOS' Web site.
CONTINUED
SB 1104
Page
5
Providing the public with swift and easy access to candidate
filings would promote the goal of an informed electorate.
RM:k 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED