BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1094 (Hernandez) - Initiatives: petition circulators ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 18, 2016 |Policy Vote: E. & C.A. 4 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 2, 2016 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1094 would enact several changes to initiative signature gathering procedures relating to qualification requirements for the state ballot. Fiscal Impact: The Secretary of State's Office (SOS) indicates that it would incur one-time costs of $55,000 to revise regulations (General Fund). Background: The initiative process is used by the voters to propose new statutes, changes to existing law, and to propose amendments to the California Constitution. Generally, any matter that is a proper subject of legislation can become an initiative measure; however, no initiative measure addressing more than one subject area may be submitted to the voters or have any effect. An initiative measure is placed on the ballot after its proponents successfully satisfy the requirements prescribed by law. Current law requires that a state or local initiative petition contain a notice alerting voters that the petition may be circulated by a paid signature gatherer or by a volunteer, and SB 1094 (Hernandez) Page 1 of ? that voters have the right to ask if a petition circulator is a paid gatherer or volunteer. Proposed Law: This bill would, among other things, do the following: Require at least 15 percent of the signatures necessary to qualify an initiative measure be solicited by a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures of electors on the petition, as specified. Provide that a person who is an employee or member, as defined, of a nonprofit organization, other than an organization with the primary purpose of soliciting signatures on initiative petitions, who receives money or other valuable consideration from the organization and as part of that employment or membership solicits signatures for the qualification of an initiative measure shall be deemed to be a person who, for purposes of satisfying the 15 percent requirement, does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, unless the primary purpose of that employment or membership is to solicit signatures on an initiative petition. Require that when determining whether an organization, or a member or employee of an organization, has the primary purpose of soliciting signatures on an initiative petition, the totality of the circumstances, as defined, shall be considered. Provide that signatures solicited by registered voters of, or employees of a political party or political party committee, who receive money or other valuable consideration from the political party or political party committee for soliciting signatures on an initiative petition do not count toward satisfying the 15 percent requirement. Provide that signatures solicited through direct mail do not count towards the number of signatures needed to satisfy the 15 percent requirement if the person soliciting SB 1094 (Hernandez) Page 2 of ? the signatures through direct mail, or any other person who organizes, pays for, or arranges for the direct mail, receives money or other valuable consideration primarily for the purpose of soliciting signatures of electors, unless the person is an employee or member of a nonprofit organization as described above. Provides that this provision not preclude an organization that has a primary purpose other than soliciting signatures on initiative petitions from soliciting signatures from the organization's members through direct mail and relying on those signatures for purposes of satisfying the 15 percent requirement. Provide that a petition that contains a "volunteer's" declaration shall be prima facie evidence that the signatures thereon satisfy the 15 percent requirement. Provide that nominal benefits other than money, such as food, transportation or lodging, do not preclude that individual from soliciting signatures toward the 15 percent requirement. Provide for purposes of verifying signatures under existing law and the procedures set forth by SOS, if the signature of a qualified voter appears once on a petition or section of a petition submitted to satisfy the 15 percent requirement, and the same voter's signature appears on a petition or section of a petition that does not, the qualified voter's signature shall only be counted once and shall be counted towards satisfying the 15 percent requirement. Require the circulating title prepared by the Attorney General (AG) be in 18-point roman boldface type, and placed in the one-inch space across the top of the first page on each section of the petition. Require a petition for a proposed initiative measure that is circulated by a volunteer, be printed on white paper in a contrasting color ink, and requires a petition for a proposed initiative measure that is circulated by a paid circulator be printed on paper of a color other than white in a contrasting color ink. SB 1094 (Hernandez) Page 3 of ? Require a petition for a proposed initiative measure that is circulated by a paid circulator, to include the following statement immediately prior to the portion of the petition for voters' signatures, printed names, and residence addresses, printed in 12-point boldface type: "NOTICE TO THE PUBLIC: THIS PETITION IS BEING CIRCULATED BY A PERSON PAID TO OBTAIN YOUR SIGNATURE. YOU ARE ENCOURAGED TO READ THE CONTENTS OF THIS PETITION BEFORE SIGNING." Provides in addition to the information required in the existing declaration of a circulator, a volunteer circulator must declare all of the following: (1) the person does not receive money or other valuable consideration for soliciting signatures of electors, and (2) to the best of his or her knowledge, the signatures on the petition sections circulated by him or her should be counted towards the 15% requirement. Provide that an initiative petition section is invalid if the signatures are solicited and submitted by a person who intentionally engages in fraud, misrepresentation, or any other improper signature-gathering behavior, or by a person who falsely claims to have not received money or other valuable consideration for the specific purpose of soliciting signatures of electors as defined. Permit SOS, the AG, a district attorney, a city attorney of a city with a population greater than 750,000, or any elector to enforce this provision by a civil action in which the plaintiff has the burden of showing a violation by clear and convincing evidence. The signatures on a petition section shall be invalidated only upon a showing, by clear and convincing evidence, that the person who solicited or obtained the signatures did so through intentional fraud, misrepresentation, or other illegal conduct, or that the person falsely claimed to have not received money or other valuable consideration for the specific purpose of soliciting signatures of electors. Any civil action brought pursuant to a violation shall have priority over all other civil matters. Prohibit a petition section from being invalidated after SB 1094 (Hernandez) Page 4 of ? the SOS has certified that the measure has qualified for the ballot. Require that if an elections official is notified of or discovers any illegal conduct of a person circulating a petition, he or she must notify the SOS immediately but does not permit the local elections official to refuse to examine or to stop the examination of the petition or petition sections. Provide local election officials with two additional days beyond the current eight day requirement to determine the total number of signatures affixed to a petition, and in the case of an initiative petition, the total number of signatures submitted to satisfy the 15 percent requirement. Also provides election officials with an additional five days beyond the current 30 day requirement to determine that a petition has received a sufficient number of qualified voter's signatures and signatures that satisfy the 15 percent requirement. Require SOS to adopt emergency regulations pursuant to the provisions of this bill. Apply to initiatives that receive a title and summary from the Attorney General after January 1, 2017. Provide that specified provisions of the bill become operative only if the SOS certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. Related Legislation: AB 857 (Fong of 2013) was substantially similar to this bill, but was vetoed by the Governor. Staff Comments: Current law requires that in order for a measure to qualify to be placed before the voters in California on a statewide ballot, there must be sufficient signatures as follows: (1) an initiative measure must have at least 5 percent of the total votes cast for the office of Governor during the preceding gubernatorial election, and (2) a proposed constitutional amendment must have at least 8 percent of the SB 1094 (Hernandez) Page 5 of ? total votes cast for the last election for Governor. This bill would prohibit an initiative from qualifying for the statewide ballot based solely on signatures collected by individuals paid to circulate that petition. Under current law, if the amount of raw signatures submitted statewide totals less than 100 percent of the required amount of signatures to qualify the initiative measure for the ballot, then the initiative would fail to qualify. Under this bill, an initiative measure could also fail if the proponents failed to collect 15 percent of the required amount of signatures using unpaid volunteers (or non-profit employees or members paid to collect signatures), regardless of whether the total amount of signatures collected equaled or exceeded 100 percent of the required amount of signatures. SOS estimates a one-time cost of $55,000 to develop regulations related to volunteer signature gatherers. -- END --