BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1202|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1202
          Author:   DeSaulnier (D), et al
          Amended:  6/29/10
          Vote:     21

           
           SENATE ELECTIONS, REAP. & CONST. AMD. COMM.  :  3-2, 4/20/10
          AYES:  Hancock, DeSaulnier, Liu
          NOES:  Denham, Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  7-3, 5/27/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Denham, Walters, Wyland
          NO VOTE RECORDED:  Cox

           SENATE FLOOR  :  21-14, 6/2/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,  
            Steinberg, Wolk, Yee
          NOES:  Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,  
            Harman, Hollingsworth, Huff, Runner, Strickland, Walters,  
            Wright, Wyland
          NO VOTE RECORDED:  Ducheny, Oropeza, Wiggins, Vacancy,  
            Vacancy

           ASSEMBLY FLOOR  :  52-26, 8/19/10 - See last page for vote


           SUBJECT  :    Elections:  statewide ballot pamphlet

           SOURCE  :     Author

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           DIGEST  :    This bill requires the statewide ballot pamphlet  
          to include, immediately below the analysis by the  
          Legislative Analyst, a list of the five highest  
          contributors of $50,000 or more to each primarily formed  
          committee supporting each state measure and the total  
          amount of each of their contributions.  For purposes of  
          this requirement, if a contributor is a committee  
          controlled by a candidate, the name of the candidate must  
          be listed and if a contributor is a sponsored committee,  
          the name of the sponsor shall be listed.  This bill also  
          requires a statement following the list that it reflects  
          only the highest contributors of the 110 days before  
          election day.

           Assembly Amendments  add a threshold of $50,000 or more for  
          the top five contributors to be disclosed in the state  
          ballot pamphlet, remove the requirement for double-jointing  
          to SCA 4 (Maldonado), Resolution Chapter 2, Statutes of  
          2009, and add co-authors.

          ANALYSIS  :    Existing law specifies what information must  
          be included in the statewide ballot pamphlet including, but  
          not limited to:

          1. A complete copy of each measure.

          2. A copy of the arguments and rebuttals for and against  
             each state measure.

          3. A copy of the analysis of each state measure by the  
             Legislative Analyst.

          4. 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.

          This bill adds the requirement that the pamphlet include,  
          immediately below the analysis by the Legislative Analyst,  
          a list of the five highest contributors of $50,000 or more  
          to each primarily formed committee supporting each state  
          measure and the total amount of each of their  
          contributions.  If a contributor is a committee controlled  

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          by a candidate, the name of the candidate must be listed  
          and if a contributor is a sponsored committee, the name of  
          the sponsor shall be listed.

          Also required is a statement that the list reflects only  
          the highest contributors of contributions received before  
          the 110 days before Election Day.  The 110- day cut-off  
          period accommodates the schedule by which the statewide  
          ballot pamphlet must be finalized prior to printing.  Since  
          the expenses associated with qualifying a statewide  
          initiative usually exceed $1 million, the ballot pamphlet  
          would disclose, among others, those entities responsible  
          for funding the qualification effort.

          Current law already requires that any advertisement for or  
          against any ballot measure to include a disclosure  
          statement identifying any person whose cumulative  
          contributions are $50,000 or more.  

          The following list indicates the number of ballot measures  
          which were on statewide ballots for elections held during  
          the last several years:
                          
           Election          Number of Ballot Measures

           June 2010          (will be 5)
          May 2009                   6
          November 2008             12
          June 2008                  2
          November 2006             13

          There are several dozen initiatives that are currently  
          cleared for circulation and which could be eligible to  
          appear on the November 2010 ballot.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee analysis,  
          "To the extent that the additional information required  
          under the provisions of this bill extends the length of the  
          ballot and requires extra pages, there would be additional  
          expenses of approximately $66,000 per page for printing and  
          mailing costs.  However, the Secretary of State's office  

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          formats the Voter Information Guide in 16 page increments  
          so oftentimes there are blank pages that could be used for  
          these purposes."

           SUPPORT  :   (Verified  8/19/10)

          ---

           OPPOSITION  :    (Verified  8/19/10)

          Department of Finance
          Howard Jarvis Taxpayers Association

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          in recent years, observers noted that interest has  
          increasingly turned to California's initiative system to  
          amend the California Constitution or state statutes to  
          benefit themselves.  While state 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, this bill  
          extends contributor disclosure to the Voter Information  
          Guide received by each voter before election day.

           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          opposes this bill because "it would create a General Fund  
          pressure (to the extent that additional pages are required  
          to be printed in the state ballot pamphlet)."  
           

           ASSEMBLY FLOOR  :
          AYES:  Adams, Ammiano, Arambula, Bass, Beall, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Coto, Davis, De La  
            Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,  
            Furutani, Galgiani, Gatto, Hall, Hayashi, Hernandez,  
            Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,  
            Mendoza, Monning, Nava, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Yamada, John A. Perez
          NOES:  Anderson, Bill Berryhill, Tom Berryhill, Blakeslee,  
            Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,  
            Gilmore, Hagman, Harkey, Knight, Logue, Miller, Nestande,  
            Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland,  

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            Tran, Villines
          NO VOTE RECORDED:  Jeffries, Vacancy


          DLW:mw  8/20/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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