BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1203|
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THIRD READING
Bill No: SB 1203
Author: DeSaulnier (D), et al
Amended: 5/6/10
Vote: 21
SENATE ELECTIONS, REAP. & CONST. AMEND. COMM. : 3-2, 4/6/10
AYES: Hancock, DeSaulnier, Liu
NOES: Denham, Strickland
SUBJECT : Elections
SOURCE : Author
DIGEST : This bill requires a person who is paid to
circulate an initiative, referendum, or recall petition to
wear a badge identifying himself/herself as a paid
signature gatherer. Specifically this bill requires that
an initiative, referendum, or recall petition circulator
who receives compensation to circulate the petition must
wear a badge stating "PAID SIGNATURE GATHERER." The badge
must be worn on the chest of the petition circulator in
clear view of anyone signing or asked to sign the petition.
The print on the badge can be no smaller than 30-point
font.
Senate Floor Amendments of 5/6/10 additionally requires an
individual who is paid to circulate an initiative,
referendum, or recall petition t identify the jurisdiction
in which he/she is registered to vote on their "PAID
SIGNATURE GATHERER" badge. If the individual is not
CONTINUED
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registered to vote, the badge will instead state, "NOT
REGISTERED TO VOTE." They also make additional conforming
changes.
ANALYSIS : Existing law requires every state or local
initiative petition to contain a statement notifying voters
of their right to inquire whether the petition is being
circulated by a paid signature gatherer or a volunteer.
Background
Until the 1980s, courts upheld bans on paid signature
gatherers. That changed in 1988, when the United States
Supreme Court invalidated Colorado's ban in the Meyer v.
Grant decision as a violation of the First Amendment's
guarantee of free speech.
In Buckley v. American Constitutional Law Foundation
(1999), the United States Supreme Court examined a Colorado
law that provided a number of other restrictions on the
signature collection process for ballot initiatives. In
Buckley , the court invalidated Colorado's requirement that
paid petition circulators wear a badge identifying
themselves and identifying that they are paid circulators.
The court stated the requirement to wear badges inhibits
participation in the petitioning process, "because the
badge requirement compels personal name identification at
the precise moment when the circulator's interest in
anonymity is greatest, it does not qualify for inclusion
among 'the more limited [election process] identification
requirement[s].'" However, the Buckley decision did not
rule on the validity of the requirement that a circulator
wear a badge stating whether a petition circulator was paid
or a volunteer.
Prior and Related Legislation
AB 738 (Nation), 2005-06 Session, was identical to this
bill but was vetoed by the Governor. In his veto message
the Governor indicated he was not compelled to sign and
stated: "I agree with Governor Davis and Governor Wilson,
who returned similar measures without their signature,
[because] under existing law, petitions must contain the
following notice in 12 point type: NOTICE TO THE PUBLIC -
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THIS PETITION IS BEING CIRCULATED BY A PAID SIGNATURE
GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK."
SB 469 (Bowen), 2005-06 Session, was also vetoed by the
Governor and would have required an initiative, referendum,
or recall petition to reflect, in specified language,
whether it is being circulated by a paid circulator or by a
volunteer, and defines "volunteer" and "paid circulator."
SB 469 would have also required any state or local
initiative, referendum, or recall petition circulated by a
committee to include a disclosure statement identifying the
five largest cumulative contributors in support of the
measure.
SB 725 (Scott), 2001-02 Session, would have required an
initiative, referendum, or recall petition to reflect
whether it is being circulated by a person paid to collect
signatures or by a volunteer. SB 725 was vetoed by
Governor Davis, who argued the bill was unnecessary because
petitions are already required to inform voters the
circulator may be a volunteer or may be paid, and that the
voter has the right to ask.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/10/10)
State Building and Construction Trades Council of
California
OPPOSITION : (Verified 5/10/10)
Governor's Office of Planning and Research
ARGUMENTS IN SUPPORT : According to the author's office,
currently, voters do not immediately know when approached
by a signature gatherer whether he/she is paid or a
volunteer. By making it obviously clear that signature
gatherers are paid for their services, voters will have
more information so they can determine whether they want to
participate or not.
ARGUMENTS IN OPPOSITION : The Governor's Office of
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Planning and Research is concerned with placing a stigma on
signature gatherers by making them wear badges which could
have the effect of discouraging people from participating
in the initiative process and qualify measures for the
ballot.
DLW:mw 5/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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