BILL NUMBER: AB 2946 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN ASSEMBLY MAY 30, 2006
AMENDED IN ASSEMBLY APRIL 26, 2006
AMENDED IN ASSEMBLY APRIL 5, 2006
INTRODUCED BY Assembly Member Leno
( Coauthor: Senator Bowen
)
FEBRUARY 24, 2006
An act to amend Sections 101 and Section
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)
(1) 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 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. By creating a new
crime, this bill would impose a state-mandated local program.
The bill would additionally provide that any signatures collected
in violation of any provision of state law relating to the
circulation of a statewide initiative, referendum, or recall petition
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)
(2) 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 proponent of a statewide
initiative or referendum petition has knowledge of a violation of any
provision of law, relating to the circulation of a statewide
initiative or referendum petition committed by a person obtaining
signatures on the proponent's petition, that violation shall be
conclusively construed as a violation by the proponent. This bill
would provide that a proponent 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. The bill would make the Attorney General
responsible for enforcing a violation of these provisions.
(5)
(3) 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 so 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.
(4) 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 no reimbursement is required by this
act for a specified reason.
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:
"NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A PERSON WHO IS BEING PAID TO
COLLECT SIGNATURES"
(b) If the petition is being circulated by a volunteer, the phrase
"VOLUNTEER CIRCULATOR" shall appear in 24-point type above the
following language, which shall appear in 12-point type:
"NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER"
SEC. 2. SECTION 1. 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 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. SEC. 2. Section 102.6 is
added to the Elections Code, to read:
102.6. (a) Any signatures collected in violation of any provision
of state law relating to the circulation of a statewide initiative,
referendum, or recall petition 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
provision of state law relating to the circulation of a statewide
initiative, referendum, or recall petition, except for nonsubstantive
grammatical and spelling errors.
(c) Any proponent of a statewide initiative, referendum, or recall
petition 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.
This requirement and the requirement in paragraph (4) of subdivision
(a) may also be satisfied by attaching a separate disclosure
statement to the top of the petition, so long as it is readily
visible to the voter.
(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 a statewide 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. SEC. 3. 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. SEC. 4. 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
so that the average voter will easily understand the
purpose of the measure.
SEC. 9. SEC. 5. 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 so
that the average voter will easily understand the purpose of the
measure.
SEC. 10. SEC. 6. Section 18606 is
added to the Elections Code, to read:
18606. (a) If a proponent of a statewide initiative, referendum,
or recall petition has knowledge of a violation of any provision of
state law relating to the circulation of a statewide initiative or
referendum petition committed by a person obtaining signatures on the
proponent's petition, the violation by the person obtaining the
signatures shall be conclusively considered a violation by the
proponent.
(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.
(e) The Attorney General shall be responsible for enforcing this
section.
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.
SEC. 7. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.