BILL ANALYSIS
AB 2946
Page 1
ASSEMBLY THIRD READING
AB 2946 (Leno)
As Amended May 30, 2006
Majority vote
ELECTIONS 4-2 APPROPRIATIONS
(vote not available)
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|Ayes:|Umberg, Karnette, Leno, | | |
| |Levine | | |
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|-----+--------------------------+-----+--------------------------|
|Nays:|Wyland, Villines | | |
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SUMMARY : Makes various significant and substantive changes to
the initiative process. Specifically, this bill :
1)Requires that an initiative, referendum, or recall petition
circulated by a paid circulator contain the phrase "PAID
CIRCULATOR" in 24-point type, followed by the following
language in 12-point type:
"NOTICE TO THE PUBLIC: THIS PETITION IS BEING CIRCULATED
BY A PERSON WHO IS BEING PAID TO COLLECT SIGNATURES."
2)Requires that an initiative, referendum, or recall petition
circulated by a volunteer contain the phrase "VOLUNTEER
CIRCULATOR" in 24-point type, followed by the following
language in 12-point type:
"NOTICE TO THE PUBLIC: THIS PETITION IS BEING CIRCULATED
BY A VOLUNTEER."
3)Defines "paid circulator," for the purposes of this bill, as a
person who is compensated in any manner for collecting
petition signatures to qualify a state or local initiative,
referendum, or recall measure.
4)Defines "volunteer," for the purposes of this bill, as a
person who is not a paid circulator.
5)Makes it a misdemeanor for a person to pay or receive money or
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any other thing of value based on the number of signatures
obtained on a state or local initiative, referendum, or recall
petition, based on the number of voter registration affidavits
obtained or completed, or based on the number of absentee
ballot applications obtained or completed. Provides that this
prohibition shall not be construed to prohibit payment for
signature gathering, voter registration, or absentee ballot
application distribution that is not based on the number of
signatures obtained or the number of affidavits or
applications obtained or completed.
6)Provides that 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. Prohibits the doctrine of
substantial compliance from being used by any elections
official or court to excuse a violation of state law relating
to the circulation of a statewide initiative, referendum, or
recall petition, except for non-substantive grammatical and
spelling errors.
7)Permits any state initiative, referendum, or recall proponent
to submit a petition to the Attorney General (AG) for approval
prior to circulation of the petition. Requires the AG to
notify the proponent within 10 days of whether or not the
petition complies with the requirements of the Elections Code.
Provides that if the AG determines that the petition does not
comply, he or she shall notify the proponents as to why the
petition does not comply and allow the proponent to submit a
corrected petition for approval.
8)Requires a state or local initiative, referendum, or recall
petition that is circulated by a paid circulator who is paid
by a committee to 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. Provides that this requirement may
also be satisfied by a separate disclosure statement on the
top of the petition that is readily visible to the voter.
Requires the disclosure statement to include, in addition to
the name of the person, the nature of the person's business
interests. Requires, for committees, the disclosure statement
to identify the persons and the nature of their business
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interests from whom the committee received the two largest
cumulative contributions in excess of $10,000. Requires the
disclosure statement to be updated within 14 days of any
change in the three largest cumulative contributors. Provides
that if more than three donors meet the disclosure threshold
at identical contribution levels, the three highest donations
shall be disclosed according to chronological sequence
beginning with the most recent contribution. Requires a
committee that employs one or more paid circulators to
circulate a state initiative, referendum, or recall petition
to submit the disclosure statement and any updates to the
statement to the Secretary of State (SOS) for inclusion on the
SOS's Internet Web site.
9)Requires any committee that employs one or more paid
circulators to circulate an initiative, referendum, or recall
petition to print on the petition its name and to 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. Provides that if the major donors share a
common employer, the identity of the employer shall be
disclosed.
10)Defines "cumulative contributions," for the purposes of this
bill, as 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.
11)Defines "nature of the individual's business interest," for
the purposes of this bill, as a term or words which accurately
describe the person's principle business activity, source of
income or activity.
12)Provides that a local elections official shall not be
required to verify the accuracy of any of the information
required to be disclosed on the petition, and shall not be
required to re-approve any petition that is updated to reflect
a change in the largest cumulative contributors.
13)Provides that 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
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violation by the person obtaining signatures shall be
conclusively considered a violation by the proponent.
Provides that a proponent shall not be liable if he or she
notifies the SOS within one business day after the proponent
obtains knowledge of a potential violation. Provides that if
a statewide initiative, referendum, or recall petition has
more than one proponent, no more than one proponent shall be
held liable. Provides that this liability does not apply to a
violation of law that is subject to a criminal penalty.
14)Requires the ballot title and summary prepared by the AG to
be stated in complete sentences and written such that the
average voter will easily understand the purpose of the
measure.
15)Requires the ballot label prepared by the AG to be stated in
complete sentences and written such that the average voter
will easily understand the purpose of the measure.
FISCAL EFFECT : According to an Assembly Appropriations
Committee, minor to moderate costs for the SOS to post petition
statements on its website and for the AG to review petitions
prior to circulation.
COMMENTS : According to the author, "The initiative process is
in desperate need of reform. Recent times have seen an increase
in the amount and complexity of petitions being circulated
throughout the state. The public is oftentimes asked to sign
petitions to qualify initiatives they know nothing about.
Frequently, signature gatherers are paid per signature. This
creates an incentive to lie or mislead the public as to what
they are really signing. Furthermore, when signature gatherers
are prosecuted for violations of the law, those who paid them,
trained them, and encouraged them to use deception and fraud are
not held responsible.
"Many signature gatherers are paid; some are volunteers.
However, nothing in current law requires a signature gatherer to
disclose which category he or she falls into. This information
proves useful when trying to determine the signature gatherer's
motivation and understanding of an initiative. Additionally,
when a voter is asked to sign a petition, he or she cannot see
which individuals or organizations are funding the initiative.
This leaves the voter vulnerable to a situation in which they
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have signed a petition funded by entities they may not agree
with."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0014799