BILL ANALYSIS �
AB 481
Page 1
ASSEMBLY THIRD READING
AB 481 (Gordon)
As Amended April 5, 2011
Majority vote
ELECTIONS 5-2
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|Ayes:|Fong, Bonilla, Hall, | | |
| |Mendoza, Swanson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Valadao | | |
| | | | |
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SUMMARY : Requires a person who is collecting petition
signatures to wear a badge indicating whether he or she is a
paid signature gatherer or a volunteer signature gatherer, and
requires similar information be disclosed on any state or local
initiative, referendum, or recall petition. Specifically, this
bill :
1)Defines "paid circulator," for the purposes of this bill, as a
person who is compensated in any manner for collecting
petition signatures to qualify a state or local initiative,
referendum, or recall measure.
2)Defines "volunteer," for purposes of this bill, as a person
who is not a paid circulator.
3)Requires that a state or local initiative, referendum, or
recall petition circulated by a paid circulator contain the
phrase "PAID CIRCULATOR," in 24-point type above the following
language in 12-point type:
NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A PERSON WHO IS BEING PAID
TO COLLECT SIGNATURES
4)Requires that a state or local initiative, referendum, or
recall petition circulated by a volunteer contain the phrase
"VOLUNTEER CIRCULATOR," in 24-point type above the following
AB 481
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language in 12-point type:
NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER
5)Requires an individual who receives compensation to circulate
an initiative, referendum, or recall petition to identify him
or herself as a paid signature gatherer by wearing a badge
stating "PAID SIGNATURE GATHERER." Requires a volunteer to
identify him or herself by wearing a badge stating "VOLUNTEER
SIGNATURE GATHERER."
6)Requires the badge to be worn on the chest of the signature
gatherer in clear view of all individuals signing or asked to
sign the petition. Requires the print on the badge to be no
smaller than 30-point type.
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.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : According to the author, "AB 481 would provide
greater disclosure whether a petition for any state or local
initiative, referendum, or recall petition is being circulated
by a volunteer or a paid signature gatherer. The bill will
allow a person approached outside a grocery store to know
whether the person is a volunteer who really believes in the
issue or someone who is compensated to advocate."
In an April 17, 2001, opinion, Legislative Counsel opined that a
statute to require an individual circulating a petition to
disclose (verbally or by a sign, pin, badge, hat, or other
indication) whether the individual is paid to circulate the
petition is valid under the California and United States
Constitutions. In its analysis, Legislative Counsel wrote "in
our view the disclosure of the paid or unpaid status of the
petition circulator at the time of circulation properly may be
characterized as the least drastic means to accomplish the
substantial state interest of enabling potential petition
AB 481
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signers to assess the sincerity of circulators."
The Secretary of State (SOS), in support of this bill, notes
that while there is plenty of information on what an initiative
does and who is financing it after the initiative has qualified
for the ballot, there is almost nothing available to help people
decide whether they want to support putting a measure on the
ballot in the first place. The SOS also argues that although
current law gives a person the right to inquire as to whether
the person circulating the petition is being paid or is a
volunteer, not all people are aware of this right, let alone
exercise it.
In opposition to this bill, the Capitol Resource Family Impact
argues that it is an attempt to discredit paid referendum,
initiative, or recall signature gatherers, and that the fact
that a person is paid for collecting signatures should not in
any way, shape, or form diminish the credibility of the effort
for which the signatures are being collected, yet forcing a paid
individual to wear a badge stating their status can adversely
affect their efforts. They also argue that current law, which
allows an individual approached by a signature gatherer to ask
whether they are paid to collect signatures or not, is
sufficient.
SB 1203 (DeSaulnier) of 2010, would have required a person who
was paid to gather signatures on an initiative, referendum, or
recall petition to wear a badge that indicated that he or she is
paid and disclosed whether he or she was registered to vote and
if so, the county in which he or she was registered to vote. SB
1203 was approved by the Elections and Redistricting committee,
but subsequently was gutted and amended for an unrelated
purpose.
Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094
FN: 0000267