BILL NUMBER: AB 1322 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to amend Section 9084 of the Elections Code, and to
amend Section 84506.5 of the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1322, as amended, Huffman. Political Reform Act of 1974:
campaign disclosures.
Existing law requires that an advertisement supporting or opposing
a candidate that is paid for by an independent expenditure committee
contain a statement that the advertisement was not authorized by the
candidate.
This bill would require that the advertisement identify the name
of the independent expenditure committee that purchased it and would,
for printed advertisements, specify the manner in which the
disclosure must be made. Committees that are required to file
with the Secretary of State would be required to list the Secretary
of State's Web site address on their disclosure statements and a
committee that is not required to register would be required to
include an Internet Web site address that lists the information on
donors who have contributed $100 or more to the committee, as
specified. The bill would also require the Secretary of
State to include information on how voters can determine who is
funding campaigns and campaign-related communications on the ballot
pamphlet, as long as it can be included without increasing the number
of pages. The Secretary of State would also be required to include a
statement describing the types of campaign contributions, applicable
contribution limits, and the role of independent expenditures.
Because this bill would expand the definition of a crime, it would
impose a state-mandated local program.
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.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) An independent expenditure is a political activity intended to
assist or oppose a specific candidate for office which is made
without his or her cooperation, approval, or direct knowledge; most
commonly, independent expenditures take the form of advertising.
(b) The amount of money expended on independent expenditures
communications supporting and opposing candidates for elective office
has increased exponentially over the past decade.
(c) In making decisions on which candidates to vote for or against
in an election, the voters rely substantially on information such as
who is supporting or opposing these candidates.
(d) It is vitally important to the integrity of the electoral
process that the voters are informed about the identity of the
persons and interests who operate committees making independent
expenditures.
SEC. 2. Section 9084 of the Elections
Code is amended to read:
9084. The ballot pamphlet shall contain all of the following:
(a) A complete copy of each state measure.
(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
(c) A copy of the arguments and rebuttals for and against each
state measure.
(d) A copy of the analysis of each state measure.
(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(g) A written explanation of the judicial retention procedure as
required by Section 9083.
(h) The Voter Bill of Rights pursuant to Section 2300.
(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
(j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
(l) Information on how voters can determine who is funding
campaigns and campaign-related communications, when that information
can be included without increasing the number of pages in the ballot
pamphlet. The Secretary of State shall include a statement describing
the types of campaign contributions, including applicable
contribution limits and the role of independent expenditures.
SECTION 1. SEC. 3. Section 84506.5
of the Government Code is amended to read:
84506.5. (a) An advertisement supporting or
opposing a candidate that is paid for by an independent expenditure
must include a statement that it was not authorized by a candidate or
a committee controlled by a candidate and identify the name of the
independent expenditure committee that purchased
the advertisement. For a printed advertisement , the
statement shall be in boldface type, be prominently displayed, and be
in substantially the following form:
"NOTICE OF INDEPENDENT EXPENDITURE: This communication is neither
approved nor authorized by ____ (ANY CANDIDATE IN THE
____DISTRICT) CANDIDATE), in the ____ district .
It is paid for by COMMITTEE NAME, an independent
expenditure committee a committee making independent
expenditures . The donors to this committee are listed at
www.____."
(b) For committees filing with the Secretary of State, the
disclosure statement described in subdivision (a) shall list
www.sos.ca.gov. For committees that are not required to file with the
Secretary of State, the statement shall include an Internet Web site
address that provides the following information about all of the
donors who have contributed a cumulative amount of one hundred
dollars ($100) or more to the committee making the independent
expenditure: name of contributor, payment type, city and state,
contribution amount, transaction date, and filing date. The Web site
shall be updated to reflect filing updates. If the local agency with
which the committee files does not maintain an Internet Web site with
the donor information, the committee shall create one.
SEC. 2. SEC. 4. The Legislature
finds and declares that this bill furthers the purposes of the
Political Reform Act of 1974 within the meaning of subdivision (a) of
Section 81012 of the Government Code.
SEC. 3. SEC. 5. 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.