BILL NUMBER: AB 1322 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
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 add
Section 9084.1 to 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 , the Political Reform Act of 1974 (the PRA),
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. Under existing law, a knowing or willful violation of
the PRA is a misdemeanor.
This bill would require that the advertisement identify the name
of the independent expenditure committee that purchased it and would,
for printed specified advertisements,
specify the manner in which additionally
require that the disclosure must be made
statement identify an Internet Web site address where the
committee's donors are listed . Committees that are required to
file electronically with the Secretary of State would be
required to list the Secretary of State's Internet Web
site address on their disclosure statements , and a
committee that is not required to register electronically
would be required to include a Uniform Resource Locator for
an Internet Web site address that identifies the committee'
s principal officer and lists the information on donors who
have contributed $100 or more to the committee, as specified. The
bill would also require authorize 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 and to include a statement describing
the types of campaign contributions, applicable contribution limits,
and the role of independent expenditures.
Because this the bill by adding
requirements to the PRA, the violation of which is a crime,
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.
SEC. 2. Section 9084.1 is added to the
Elections Code , to read:
9084.1. The Secretary of State may include information in the
ballot pamphlet advising voters how to identify who is funding
campaigns and campaign-related communications if doing so will not
increase the number of pages in the ballot pamphlet. The Secretary of
State may include a statement describing the types of campaign
contributions, applicable contribution limits, and the role of
independent expenditures.
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 committee that
purchased the advertisement. For a printed advertisement
mass mailing advertisement or a broadcast
advertisement, other than a radio broadcast , the statement
shall be in boldface type, be prominently displayed, and be
in substantially in substantially the following
form:
"NOTICE OF INDEPENDENT EXPENDITURE: This communication is neither
approved nor authorized by ____ (ANY CANDIDATE), in the ____
district any candidate or candidate-controlled
committee . It is paid for by COMMITTEE NAME, a committee
making independent expenditures. The donors to this committee are
listed at www.____."
(b) For committees filing a committee
filing electronically with the Secretary of State, the
disclosure statement described in subdivision (a) shall list
www.sos.ca.gov "www.sos.ca.gov" in the
Internet Web site blank . For committees that are
a committee that is not required to file
electronically with the Secretary of State, the statement shall
include in the Internet Web site blank, a Uniform Resource
Locator for an Internet Web site address that provides
lists the committee's principal officer and 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 Internet 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. 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. 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.