BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1272
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          SENATE THIRD READING
          SB 1272 (Lieu)
          As Amended  May 27, 2014
          Majority vote 

           SENATE VOTE  :23-12  
           
           ELECTIONS           5-0         APPROPRIATIONS      11-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bonta, Hall, Perea, |Ayes:|Gatto, Bocanegra,         |
          |     |Rodriguez                 |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Eggman,     |
          |     |                          |     |Gomez, Holden, Pan,       |
          |     |                          |     |Quirk, Ridley-Thomas,     |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Bigelow, Donnelly,        |
          |     |                          |     |Linder, Wagner            |
           ----------------------------------------------------------------- 
           
          SUMMARY  :   Places an advisory question on the November 4, 2014,  
          Statewide General Election ballot on amending the United States  
          Constitution to address campaign finance issues.  Specifically,  
           this bill  :   

          1)Requires the following advisory question to be placed on the  
            ballot at the November 4, 2014 Statewide General Election:

              Shall the Congress of the United States propose, and the  
              California Legislature ratify, an amendment or  
              amendments to the United States Constitution to overturn  
              Citizens United v. Federal Elections Commission (2010)  
              558 U.S. 310, and other applicable judicial precedents,  
              to allow the full regulation or limitation of campaign  
              contributions and spending, to ensure that all citizens,  
              regardless of wealth, may express their views to one  
              another, and to make clear that the rights protected by  
              the United States Constitution are the rights of natural  
              persons only? 

          2)Contains various findings and declarations about the rights  
            guaranteed by the United States Constitution.








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          3)Requires the Secretary of State to communicate the results of  
            the vote on the advisory question to Congress.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, one-time General Fund printing cost of at least  
          $275,000, based on $55,000 per page, to include in the statewide  
          ballot pamphlet the text of the measure, title and summary,  
          Legislative Analyst's Office analysis, and arguments in support  
          and opposition.

           COMMENTS  :  According to the author, "The United States  
          Constitution and the Bill of Rights explicitly intend to protect  
          the rights of individual human beings as indicated by the phrase  
          'We the people' in the preamble to the Constitution.  But in the  
          case of Citizens United v. Federal Elections Commission (2010),  
          corporations have been granted the same rights as people and  
          free speech is now being equated with money, especially as it  
          pertains to political and campaign donations.  And in February  
          2010 Washington Post-ABC News poll found that 80% of Americans  
          oppose the U.S. Supreme Court Citizens United ruling.  The most  
          recent Supreme Court ruling is McCutcheon v. Federal Elections  
          Commission which was handed down April 2, 2014, and decided that  
          it is permissible for individuals to make limitless  
          contributions to federal campaign and federal candidate  
          committees?

          "Given that 80% of Americans oppose the Citizens United ruling  
          and are likely to be equally opposed to the McCutcheon ruling,  
          SB 1272 would advance the efforts to reverse the Supreme Court's  
          ruling in the Citizens United v. Federal Elections Commission  
          and other applicable judicial precedents, including McCutcheon  
          v. Federal Election Commission."

          While it is uncommon for advisory questions to appear on the  
          ballot at statewide elections, in at least three other instances  
          in California's history, one or more statewide advisory measures  
          have appeared on the ballot.  In November 1892, voters approved  
          an advisory measure that was placed on the ballot by the  
          Legislature asking whether United States Senators should be  
          directly elected by a vote of the people.  At a statewide  
          special election in June 1933, voters rejected Propositions 9  
          and 10, which asked the voters whether the Legislature should  
          divert gasoline tax revenues to the general fund to pay off  








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          highway bonds.  These two measures were put on the ballot by the  
          Legislature.  Finally, at the November 1982 Statewide General  
          Election, voters approved Proposition 12, which was placed on  
          the ballot by an initiative.  Proposition 12 urged the United  
          States government to propose to the Soviet Union that both  
          countries agree to immediately halt the testing, production and  
          further deployment of all nuclear weapons, missiles and delivery  
          systems in a way that could be checked and verified by both  
          sides.

          Subsequent to the voters' approval of Proposition 12 in 1982,  
          the California State Supreme Court ruled that placing advisory  
          questions before the voters was not a proper use of the  
          initiative power.  The Court's decision did not, however, rule  
          on whether it was permissible for the Legislature to place an  
          advisory question before the voters.

          In January 2010, the United States Supreme Court issued its  
          ruling in Citizens United v. Federal Election Commission, a case  
          involving a nonprofit corporation that sought to run television  
          commercials promoting a film it produced that was critical of  
          then-Senator and presidential candidate Hillary Clinton.  In its  
          decision, the Supreme Court struck down the 63-year old law that  
          prohibited corporations and unions from using their general  
          treasury funds to make independent expenditures in federal  
          elections, finding that the law unconstitutionally abridged the  
          freedom of speech.

          Last session, the Legislature approved AJR 22 (Wieckowski),  
          Resolution Chapter 69, Statutes of 2012, which called upon the  
          United States Congress to propose and send to the states for  
          ratification a constitutional amendment that would overturn  
          Citizens United v. Federal Election Commission.

          Because this bill calls an election within the meaning of  
          Article IV of the Constitution, it would go into immediate  
          effect if signed by the Governor.  The statutory deadline for  
          including legislative ballot measures on the November ballot is  
          June 26, 2014.

          Please see the policy committee analysis for a full discussion  
          of this bill.










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           Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094  
          FN: 0004023