BILL ANALYSIS Ó
AB 990
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Date of Hearing: September 9, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 990
(Bonilla) - As Amended August 20, 2015
CONCURRENCE IN SENATE AMENDMENTS
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|ASSEMBLY: | |(May 14, 2015) |SENATE: | 32-8 |(September 2, |
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(vote not relevant)
SUBJECT: Political Reform Act of 1974: advertisement
disclosures.
SUMMARY: Increases the size and prominence of disclosure
statements that are required to appear on certain campaign
advertisements.
AB 990
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The Senate amendments delete the Assembly version of the bill,
and instead:
1)Require an advertisement supporting or opposing a candidate
that is paid for by an independent expenditure (IE) to comply
with the following:
a) That the following specific phrasing be used for the
disclosure statement that is required to appear on the
advertisement pursuant to existing law:
"This advertisement was not authorized or paid for by a
candidate for this office or a committee controlled by a
candidate for this office."
b) If the advertisement is mailed, that the statement
comply with all of the following:
i) Be located within one-quarter of an inch of the
recipient's name and address as printed on the
advertisement;
ii) Be contained in a box that has an outline with a
line weight of at least 3.25 points, and the outline is
in a contrasting color to the background color of the
advertisement and of the background color of the box;
iii) The background color of the box contrasts with the
background color of the advertisement; and,
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iv) The text of the statement is in a contrasting color
to the background color of the box.
2)Increase the minimum size of disclosure statements that are
required to be printed on specified campaign advertisements
pursuant to existing law from 10-point to 14-point, and
require the statements to be printed in bold, sans serif type
font.
3)Make corresponding changes.
4)Add an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW:
1)Creates the Fair Political Practices Commission (FPPC), and
makes it responsible for the impartial, effective
administration and implementation of the Political Reform Act
(PRA).
2)Requires any advertisement for or against a ballot measure to
include a disclosure statement identifying the two largest
contributors whose cumulative contributions are $50,000 or
more, as specified.
3)Requires a committee that supports or opposes one or more
ballot measures to name and identify itself using a name or
phrase that clearly identifies the economic or other special
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interest of its major donors of $50,000 or more. Provides
that if the major donors of $50,000 or more share a common
employer, the identity of the employer shall also be
disclosed. Requires a committee which supports or opposes a
ballot measure to print or broadcast its name as required by
these provisions as part of any advertisement or other paid
public statement.
4)Requires an advertisement supporting or opposing a candidate
or ballot measure that is paid for by an IE to include a
disclosure statement that identifies both of the following:
a) The name of the committee making the IE.
b) The names of the persons from whom the committee making
the IE has received its two highest cumulative
contributions of $50,000 or more during the 12-month period
prior to the expenditure, as specified.
5)Requires an advertisement supporting or opposing a candidate
that is paid for by an IE to include a statement that it was
not authorized by a candidate or a committee controlled by a
candidate.
6)Requires specified advertisements for or against a ballot
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measure that include individuals who have been paid for their
appearance to include a disclosure statement stating
"(spokesperson's name) is being paid by this campaign or its
donors" in highly visible Roman font.
7)Requires specified advertisements for or against a ballot
measure that include individuals who have been paid for their
appearance, and that states or suggests that the individual is
a member of an occupation that requires licensure,
certification, or other specialized training, to include a
disclosure statement stating "Persons portraying members of an
occupation in this advertisement are compensated spokespersons
not necessarily employed in those occupations" in highly
visible Roman font.
8)Requires the disclosure statements outlined above to be
printed clearly and legibly in no less than 10-point type and
in a conspicuous manner as defined by the FPPC. Provides,
pursuant to FPPC regulation, that a disclosure statement on
printed materials designed to be distributed personally or
thorough the mail shall be printed in a contrasting color to
the background on which it appears.
9)Defines "advertisement," for the purposes of the disclosure
requirements outlined above, 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. Provides that "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 adopted by
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the FPPC.
10)Defines "independent expenditure," for the purposes of the
PRA, as an expenditure made by any person in connection with a
communication which expressly advocates the election or defeat
of a clearly identified candidate or the qualification,
passage, or defeat of a clearly identified measure, or taken
as a whole and in context, unambiguously urges a particular
result in an election, but which is not made to or at the
behest of the affected candidate or committee.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Prior Assembly Consideration of This Measure: As approved by
the Assembly in May, this bill would have required the
Department of Public Health to include information regarding
the increased risk of breast cancer associated with obesity in
any literature the Department produced regarding breast
cancer. Subsequent to the Assembly's approval of this
measure, it was amended in the Senate to delete the
Assembly-approved provisions of the bill, and to add the
current provisions to increase the size and prominence of
disclosure statements that are required to appear on certain
campaign advertisements. As a result, this bill has been
re-referred to this committee for further consideration
pursuant to Assembly Rule 77.2.
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2)Purpose of the Bill: According to the author:
Campaign spending has significantly increased with the
advent of [IEs]. In California, IE spending reached
$32 million leading up to the 2014 General Election.
Throughout election season, mailboxes are flooded with
mailers. In recent elections, there were reports of
families receiving upwards of 200 pieces of mail. When
voters receive an overwhelming amount of
advertisements from outside interest groups, in
addition to advertisements from candidates, it is
difficult for the voter to distinguish who is
responsible for each message.
The quantity and negative messaging of mailers has not
only confused voters, but it has frustrated some to
the point of not wanting to vote. During recent
elections, the Contra Costa County
Clerk/Recorder-Registrar heard from numerous upset
voters. Community members voiced their displeasure in
candidates for the amount of mailers they were
receiving. Although outside spending reached record
highs, voters incorrectly attributed all mailers to
the candidates.
The Political Reform Act requires all advertisements
to include a statement detailing who paid for the
advertisement. Current law requires the disclosure
statement to be printed clearly, in no less than
10-point font, and in a contrasting color. However,
disclosure statements are easily overlooked because
they are in small font and often hidden at the bottom
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of advertisements.
AB 990 updates the way disclosure statements are
displayed in order to increase the likelihood that
voters see the statement and properly attribute the
campaign messaging. AB 990 increases the font size and
requires the disclosure to be printed inside an
outlined box. The box must be a contrasting color to
the background of the advertisement and the text must
be in a contrasting color to the box. Additionally,
the statement must be located within one quarter of an
inch from the recipient's name and address on the
advertisement. AB 990 will make it simple for voters
to notice and read the disclosure statement providing
greater transparency in our state's elections.
3)Existing Disclosure Statement Requirements: As outlined above,
the PRA requires specified campaign advertisements to contain
certain disclosure statements, with the specific disclosure
that is required varying depending on the type of
advertisement, the type of committee that pays for the
advertisement, and the medium used to convey the
advertisement. Certain advertisements that are paid for by
IEs, and certain advertisements supporting or opposing ballot
measures, are required to include a disclosure that identifies
the two largest contributors of $50,000 or more to the
committee that pays for the advertisement, as specified.
Advertisements that feature paid spokespeople may be required
to include a statement disclosing that fact. Certain ballot
measure committees are required to name themselves in a manner
that discloses the economic or other special interest of the
major contributors to the committee, and are required to
include that committee name on advertisements paid for by the
committee. Finally, an advertisement supporting or opposing a
candidate that is paid for by an IE must include a statement
that the advertisement was not authorized by a candidate or a
committee controlled by a candidate.
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The disclosure statements outlined above, when required on a
non-electronic printed advertisement, generally must be
printed in at least 10-point type (disclosure statements on
advertisements on over size print media, such as yard signs
and billboards, generally must appear in larger type). For
other types of advertisements, including video, audio, and
electronic text or graphic advertising, the disclosure
statement must be presented in a "clear and conspicuous
manner," as specified pursuant to regulations adopted by the
FPPC.
This bill increases the minimum size of the disclosure
statements detailed above, when those statements appear on a
non-electronic printed advertisement, from a minimum of
10-point type to a minimum of 14-point type. Additionally,
this bill requires such disclosure statements to be printed in
bold, sans serif type font. Although the author's statement
above focuses on IEs, these requirements apply to all of the
disclosure statements outlined above, including disclosure
statements on advertisements that are not paid for by IEs.
Additionally, for the purposes of the existing requirement that
an advertisement supporting or opposing a candidate that is
paid for by an IE include a statement that the advertisement
was not authorized by a candidate or a committee controlled by
a candidate, this bill requires the following exact language
to be used for the disclosure statement: "This advertisement
was not authorized or paid for by a candidate for this office
or a committee controlled by a candidate for this office."
For those IEs, if delivered through the mail, the disclosure
statement would also be required to be located within
one-quarter of an inch of the recipient's name and address and
be contained in a box that has an outline with a line weight
of at least 3.25 points.
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For illustration purposes, the following is printed in a
10-point Times New Roman type font which would comply with
current law:
This advertisement was not authorized by a candidate or a
committee controlled by a candidate.
By contrast, the following disclosure statement uses the
specific language that would be required by this bill, is
written in 14-point Arial font (an example of a sans serif
type font), and is placed in a box similar to the one that
would be required on IEs that support or oppose candidates:
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| This advertisement was not authorized or paid for by a |
| candidate for this office or a committee controlled by a |
|candidate for this office. |
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| |
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4)Political Reform Act of 1974: California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION:
AB 990
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Support
Contra Costa County Clerk-Recorder/Registrar of Voters (sponsor)
California Clean Money Campaign
Opposition
None on file.
Analysis Prepared by:Ethan Jones / E. & R. / (916) 319-2094