BILL NUMBER: AB 2946 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2006
AMENDED IN ASSEMBLY APRIL 5, 2006
INTRODUCED BY Assembly Member Leno
FEBRUARY 24, 2006
An act to amend Sections 101 and 9050 of, and to add Sections
102.5, 102.6, 336.7, 357.3, 9011.5, 9050.5, 13281.5, and 18606 to,
the Elections Code, relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
AB 2946, as amended, Leno Initiative petitions.
(1) Under existing law, an initiative petition must contain
specified language advising the public of its right to determine
whether the person circulating the petition is a paid signature
gatherer or a volunteer.
This bill instead would require an initiative, referendum, or
recall petition to reflect, in specified language, whether it is
being circulated by a paid circulator or by a volunteer.
This bill would define "volunteer" and "paid circulator."
(2) Under existing law, any person who is a voter or is qualified
to register to vote in this state may circulate an initiative or
referendum petition, and any person who is a voter may circulate a
recall petition.
This bill would provide that it is a misdemeanor for any person to
pay or to receive money or any other thing of value based on the
number of signatures obtained on a state or local initiative,
referendum, or recall petition, or to assist
pay or receive money or other thing of value based on the number of
affidavits or applications obtained or completed when assisting
with voter registration or the distribution of absentee ballot
applications.
The bill would additionally provide that any signatures collected
in violation of law are invalid and cannot count towards the
qualification of the initiative, referendum, or recall. The bill
would also provide that the doctrine of substantial compliance may
not be used to excuse a violation of these provisions, except for
nonsubstantive grammar and spelling errors. This bill would provide
that a proponent of an initiative, referendum, or recall petition may
submit a petition prior to circulation , to the
Attorney General for approval.
(3) Existing law requires a short title, in 20 words or less,
showing the nature and subject of the petition to be printed across
the top of each page, after the first page, of every referendum
petition or section of a referendum petition.
This bill would additionally require any state or local
initiative, referendum, or recall petition circulated by a paid
circulator who is paid by a committee, as defined, to include a
disclosure statement identifying the names of the persons from whom
the committee received the 3 largest cumulative contributions in
support of the measure, as specified. The bill would require a
committee that employs one or more paid circulators for the purpose
of circulating an initiative, referendum, or recall petition to
submit a disclosure statement, and any updates to that statement, to
the Secretary of State to post that statement on his or her Internet
Web site. The bill would require any committee that employs one or
more paid circulators to print on the petition its name and identify
itself using a name or phrase that clearly identifies the economic or
other special interest of its major donors of $50,000 or more.
By imposing additional requirements on local elections officials
with respect to petitions, this bill would impose a state-mandated
local program.
(4) Existing law provides that it is a misdemeanor for a person
circulating an initiative, referendum, or initiative petition, to
intentionally misrepresent or make any false statement concerning the
contents or purported effect of the initiative, referendum, or
recall petition to obtain a signature or to make any false statement
with regard to whether the circulator is a paid signature gatherer or
volunteer. It is also a misdemeanor for any person working for the
proponent or proponents of an initiative, referendum, or recall
petition to refuse to allow a prospective signer to read the measure
or petition, to obscure the summary of the measure or to offer or
give money or other valuable consideration in exchange for a
signature.
This bill would provide that if a chief
proponent of a statewide initiative or referendum petition has
knowledge of a violation of any provision of law, relating to the
conduct of any election circulation of a
statewide initiative or referendum petition committed by a
person obtaining signatures on the chief proponent'
s petition, that violation shall be conclusively construed as a
violation by the chief proponent. This bill would
provide that no more than one chief a
proponent may shall not be held liable
under these provisions if the proponent notifies the Secretary
of State in writing not less than one business day after obtaining
knowledge of the potential violation .
(5) Existing law provides that the Attorney General shall provide
and return to the Secretary of State a ballot title for each measure
submitted to the voters of the whole state. Existing law provides
that the Attorney General shall prepare the ballot label for
statewide measures and the ballot label shall be a condensed
statement of the ballot title prepared by him or her.
This bill would provide that the ballot title and summary and the
ballot label prepared by the Attorney General must be stated in
complete sentences and written in a manner that the average voter
will easily understand the purpose of the measure.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101 of the Elections Code is amended to read:
101. Notwithstanding any other provision of law, any state or
local initiative petition required to be signed by voters shall
contain in 12-point type, prior to that portion of the petition for
voters' signatures, printed names, and residence addresses, the
following language:
(a) If the petition is circulated by a paid circulator, the phrase
"PAID CIRCULATOR" shall appear in 24-point type above the following
language, which shall appear in 12-point type: type above the
following language, w type above the following language, which shall
appear in 12-point type:e "PAID CIRCULATOR type above the following
language, which shall appear in 12-point type:e "PAID CIRCULATOR"
shall appear in 24-p 24-point type above the following language,
which shall appear in 12-point type: 24-point type above the
following la 24-point type above the following language, which sha
24-point type above the following language, which
SEC. 2. Section 102.5 is added to the Elections Code, to read:
102.5. (a) It shall be unlawful for any person to pay or to
receive money or any other thing of value based on the number of
signatures obtained on a state or local initiative, referendum, or
recall petition, or to assist pay or receive
money or any other thing of value based on the number of affidavits
or applications obtained or completed when assisting with voter
registration or the distribution of absentee ballot applications.
Nothing herein prohibits the payment for signature gathering ,
voter registration, or distribution of absentee ballot
applications not based, either directly or indirectly, on the
number of signatures obtained , voter registration affidavits
obtained or completed, or absentee ballot applications obtained or
completed .
(b) Violation of this section shall be a misdemeanor.
SEC. 3. Section 102.6 is added to the Elections Code, to read:
102.6. (a) Any signatures collected in violation of any section
of this code shall be invalid and shall not count towards
qualification of the initiative, referendum, or recall.
(b) The doctrine of substantial compliance shall not be used by
any elections official or court to excuse a violation of any section
of this code, except for nonsubstantive grammatical and spelling
errors.
(c) Any proponent of a statewide initiative or referendum may
submit a petition prior to circulation to the Attorney General for
approval. Upon receipt, the Attorney General shall review the
petition for compliance with this code. Within 10 business days, the
Attorney General shall notify the proponent in writing as to whether
or not the petition complies with the requirements of this code. If
the Attorney General determines the petition does not comply, he or
she shall notify the proponent as to why the petition does not comply
and afford the proponent another opportunity to submit any corrected
petition for approval.
SEC. 4. Section 336.7 is added to the Elections Code, to read:
336.7. "Paid circulator," for the purpose of circulating an
initiative, referendum, or recall petition, means any person who is
compensated in any manner for collecting petition signatures to
qualify a state or local initiative, referendum, or recall measure.
SEC. 5. Section 357.3 is added to the Elections Code, to read:
357.3. "Volunteer," for the purpose of circulating an initiative,
referendum, or recall petition, means a person who is not a paid
circulator.
SEC. 6. Section 9011.5 is added to the Elections Code, to read:
9011.5. (a) Notwithstanding any other provision of law, any state
or local initiative, referendum, or recall petition required to be
signed by voters and circulated by a paid circulator who is paid by a
committee formed pursuant to Section 82013 of the Government Code
shall include, in 12-point type at the top of the petition, a
disclosure statement identifying the names of the persons from whom
the committee received the three largest cumulative contributions.
(1) The disclosure statement shall include, in addition to the
name of the person, the nature of the person's business interests.
(2) For committees as defined in Section 82013 of the Government
Code, the disclosure statement shall identify the persons and the
nature of their business interests from whom the committee received
the two largest cumulative contributions in excess of ten thousand
dollars ($10,000).
(3) If more than three donors meet this disclosure threshold at
identical contribution levels, the three highest donations shall be
disclosed according to chronological sequence beginning with the most
recent contribution.
(4) The disclosure statement shall be updated within 14 days of
any change in the three largest cumulative contributors.
(5) A committee that employs one or more paid circulators to
circulate an initiative, referendum, or recall petition shall submit
the disclosure statement and any updates to that statement to the
Secretary of State, who shall post that statement on his or her
Internet Web site.
(b) Any committee that employs one or more paid circulators to
circulate an initiative, referendum, or recall petition shall print
on the petition, immediately following the disclosure statement
required pursuant to subdivision (a), its name and identify itself
using a name or phrase that clearly identifies the economic or other
special interest of its major donors of fifty thousand dollars
($50,000) or more.
(c) If the major donors share a common employer, the identity of
the employer shall also be disclosed.
(d) As used in this section, "cumulative contributions" means the
cumulative amount of contributions received by a committee beginning
12 months prior to the date the committee made its first expenditure
to qualify or support the measure.
(e) As used in this section, "nature of the individual's business
interest" means a term or words which accurately describe the person'
s principal business activity, source of income, or activity.
(f) This section shall not be construed to require a local
elections official to verify the accuracy of the information required
by subdivision (a), (b), or (c) or to reapprove the petition upon
the update required by paragraph (3) of subdivision (a).
SEC. 7. Section 9050 of the Elections Code is amended to read:
9050. The Attorney General shall provide and return to the
Secretary of State a ballot title and summary for each measure
submitted to the voters of the whole state.
SEC. 8. Section 9050.5 is added to the Elections Code, to read:
9050.5. The ballot title and summary prepared by the Attorney
General shall be stated in complete sentences and written in a manner
that the average voter will easily understand the purpose of the
measure.
SEC. 9. Section 13281.5 is added to the Elections Code, to read:
13281.5. The ballot label prepared by the Attorney General shall
be stated in complete sentences and written in a manner that the
average voter will easily understand the purpose of the measure.
SEC. 10. Section 18606 is added to the Elections Code, to read:
18606. (a) If a chief proponent of a statewide
initiative or referendum petition has knowledge of a violation of
any provision of state law relating to the conduct of an
election circulation of a statewide initiative or
referendum petition committed by a person obtaining signatures
on the chief proponent's petition, the violation
by the person obtaining the signatures shall be conclusively
considered a violation by the chief proponent.
(b) If a statewide initiative or referendum has more than one
chief proponent, no more than one chief proponent may be held liable
under subdivision (a) of this section.
(b) A proponent shall not be liable under subdivision (a) if the
proponent notifies the Secretary of State in writing not later than
one business day after the proponent obtains knowledge of potential
violation. The notice shall state all of the following:
(1) That a potential violation has occurred.
(2) The nature of the potential violation.
(3) All specific information known to the proponent regarding the
potential violation.
(c) If a statewide initiative or referendum petition has more
than one proponent, each proponent with knowledge may be held liable
under subdivision (a).
(d) This section does not apply to a violation of law that is
subject to a criminal penalty.
SEC. 11. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.