BILL ANALYSIS Ó SB 1272 Page 1 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. SB 1272 Page 2 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 SB 1272 Page 3 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. SB 1272 Page 4 Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN: 0004023