BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1202
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          SENATE THIRD READING
          SB 1202 (DeSaulnier)
          As Amended  June 29, 2010
          Majority vote 

           SENATE VOTE  :21-14  
           
           ELECTIONS           6-1         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Adams, Gatto,       |Ayes:|Fuentes, Bradford,        |
          |     |Mendoza, Saldana, Swanson |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, De Leon, Gatto,    |
          |     |                          |     |Hall, Skinner, Solorio,   |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Bill Berryhill            |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the state ballot pamphlet to contain  
          information about the largest contributors in support of each  
          ballot measure that will appear on the ballot.  Specifically,  
           this bill  :   

          1)Requires the state ballot pamphlet to include, immediately  
            below the analysis of a state ballot measure prepared by the  
            Legislative Analyst, a list of the five highest contributors  
            of $50,000 or more to each primarily formed committee  
            supporting the measure and the total amount of each of their  
            contributions.  

          2)Requires the list to be followed by a statement that the list  
            reflects only the highest contributors of $50,000 or more as  
            of 110 days before election day. 

          3)Provides that if a contributor is a committee controlled by a  
            candidate, the name of the candidate shall be listed.

          4)Provides that if a contributor is a sponsored committee, the  
            name of the sponsor shall be listed.

           FISCAL EFFECT :   According to the Assembly Appropriations  








                                                                  SB 1202
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          Committee, minor General Fund costs for additional printing in  
          the state ballot pamphlet.  For every additional page required  
          due to this bill's requirement, the cost would be $66,000.   
          However, the Secretary of State's office formats the Voter  
          Information Guide in 16-page increments, thus there is often  
          blank space available for additional information as required by  
          SB 1202.

           COMMENTS  :  According to the author, "In recent years, interests  
          have increasingly turned to California's initiative system to  
          amend the California Constitution or state statutes to benefit  
          themselves.  While California law does require that any  
          advertisement for or against any ballot measure shall include a  
          disclosure statement identifying any person whose cumulative  
          contributions are $50,000 or more, SB 1202 will extend  
          contributor disclosure to the Voter Information Guide received  
          by each voter before election day."

          Because the SOS can begin sending the state ballot pamphlet out  
          to voters on the 40th day before an election, and due to the  
          large amount of lead-time necessary to produce the state ballot  
          pamphlet and to have that pamphlet on public display prior to  
          final production, this bill would include information about  
          contributors to primarily formed committees supporting state  
          ballot measures only as of 110 days prior to the election.   
          While the 110-day cutoff period accommodates the schedule by  
          which the state ballot pamphlet must be finalized prior to  
          printing, it also means that most, if not all spending intended  
          to influence voters after a measure has qualified for the ballot  
          will not be disclosed in the state ballot pamphlet.  As a  
          result, the information contained in the ballot pamphlet could  
          be outdated, or could give voters a misleading picture of the  
          true supporters of a state ballot measure.

          On the other hand, because the expenses associated with  
          qualifying a statewide initiative for the ballot usually exceed  
          $1 million, this bill could result in voters being given greater  
          information in the state ballot pamphlet about those entities  
          responsible for funding the effort to qualify a measure for the  
          ballot.


           Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 









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