BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 334|
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THIRD READING
Bill No: SB 334
Author: DeSaulnier (D)
Amended: 4/26/11
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 3-2, 5/3/11
AYES: Correa, De Le�n, Lieu
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Elections: statewide ballot pamphlet
SOURCE : Author
DIGEST : This bill requires the Secretary of State to
include in the ballot pamphlet a list of the five highest
contributors of $50,000 or more to each primarily formed
committee supporting or opposing each state measure, as
well as the total amount of their contributions, as of 110
days before election day or, if a special election is
called on a date before election day for that special
election so as to make compliance with the 110-day
timeframe infeasible, as of a later date as feasible, based
on the time requirements set forth by the Secretary of
State for preparation of the ballot pamphlets for that
special election.
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ANALYSIS : Existing law specifies what information must
be included in the statewide ballot pamphlet, including,
but not limited to:
A complete copy of each measure.
A copy of the arguments and rebuttals for and
against each state measure.
A copy of the analysis of each state measure by the
Legislative Analyst.
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 additionally requires the state ballot pamphlet
to contain information about the largest contributors in
support of, and in opposition to, each ballot measure that
will appear on the ballot. Specifically, this bill:
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.
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
(or a later date in the case of certain special
elections).
Provides that if a contributor is a committee
controlled by a candidate, the name of the candidate
shall be listed.
Provides that if a contributor is a sponsored
committee, the name of the sponsor shall be listed.
Requires the following statement to also appear in
the state ballot pamphlet: "To learn who contributed
to committees supporting or opposing each state
measure, access the Secretary of State's Internet Web
site at �Internet Web site address]."
Contains technical and conforming changes.
NOTE: The bill also specifies that under a legislative
finding and declaration that the Fair Political Practice
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Commission permits or requires the inclusion of additional
information on the ballot pamphlet in accordance with
Government Code section 88007 and the Legislative Counsel
indicates that because of this, the bill is a 21 vote
instead of 27.
Prior Legislation
This bill is similar to AB 65 (Gatto) which was recently
approved by the Assembly. This bill is also identical to
SB 1202 (DeSaulnier) of 2010 which was vetoed by Governor
Schwarzenegger. In his veto message the Governor stated,
in part:
I have consistently advocated for transparency in
campaign contributions and signed legislation that
furthers that goal. This bill would instead create
confusion for voters and encourage late contributions.
Large donors could avoid being included on the list
by limiting contributions until the deadline had
passed. This would undermine the intent of this bill
and could instead mislead voters as to the identity of
the major contributors.
This bill is also similar in the intent to AB 680 (Mazzoni)
of 1995, which was eventually gutted and used for a
different purpose and SB 734 (Roberti) of 1991 which failed
passage in the Assembly Elections, Reapportionment and
Constitutional Amendments Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Ballot costs
-----unknown, potentially $132 per
General
statewide election-----
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SUPPORT : (Verified 5/27/11)
Debra Bowen, Secretary of State
Ballot Initiative Strategy Center
California State PTA
OPPOSITION : (Verified 5/27/11)
California Taxpayers Association
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill requires the Secretary of State to add a list of
the five highest contributors (as of 110 days prior to
Election Day) supporting each ballot measure in the ballot
pamphlet. In recent years, observers noted that interests
have increasingly turned to California's initiative system
to amend the California Constitution or state statutes to
benefit themselves. Because this bill requires information
to be gathered and disclosed as of 110 days before Election
Day, the bill will help voters determine the interests
behind the qualification efforts of ballot measures.
ARGUMENTS IN OPPOSITION : CalTax writes, "SB 334 is
unworkable and unbalanced. Ballot pamphlets are printed
many weeks before an election and would not reflect the
final contributors to a ballot measure campaign. SB 334
would influence proponents of campaign to wait until ballot
pamphlets are printed and then contribute large sums of
money towards a campaign effort. The increasing popularity
of independent expenditure committees also makes SB 334
mute. Campaign contributors could form an independent
expenditure committee that has a name that polls well with
voters."
DLW:do 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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