BILL ANALYSIS Ó
SB 1104
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1104 (Padilla) - As Amended: August 4, 2014
Policy Committee: ElectionsVote:5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill amends the Political Reform Act (PRA) to require,
effective July 1, 2017, all "campaign
communications"-advertisements, mass mailings, or slate
mailers-supporting or opposing a candidate for elective state
office or a statewide ballot measure shall be filed
electronically with the Secretary of State (SOS) and posted on
the SOS website. Specifically, this bill:
1)Requires a candidate for elective state office, a slate mailer
organization, or a committee that authorizes an expenditure
for a campaign contribution to file an electronic copy of the
campaign communication, along with the date of its first
distribution, with the SOS as follows:
a) If distributed by postal mail in the last 90 days prior
to the election at which the candidate or measure that is
the subject of the communication will appear on the ballot,
not later than 72 hours after the first distribution of the
communication.
b) If distributed other than by postal mail in the last 90
days prior to the election, not later than 24 hours after
the first distribution of the communication.
c) If distributed at any other time, not later than five
business days after the first distribution of the
communication.
2)Requires the SOS to maintain electronic records of all
campaign communications and to make the communications
available for public inspection on the SOS's website.
SB 1104
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3)Requires the submitted records to be maintained for public
inspection on the SOS website for the period that an elected
candidate serves in office. All other records submitted
pursuant to the bill are to be maintained for a time period to
be determined by the SOS, but no less than five years.
4)Requires the SOS to promulgate regulations to implement all of
the above.
FISCAL EFFECT
1)Estimated one-time General Fund costs to the SOS of $2.7
million to develop and acquire the new public access system
for campaign communications through the state's IT procurement
process.
2)Ongoing General Fund costs for the SOS to operate and maintain
the new system are estimated at around $500,000 for four
positions. The SOS will also incur one-time cost to promulgate
implementing regulations.
COMMENTS
1)Purpose . According to the author, "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."
2)Background . 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 [FPPC]. Such copies sent to the
[FPPC] 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
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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."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081