BILL ANALYSIS �
SB 334
Page 1
Date of Hearing: July 5, 2011
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 334 (DeSaulnier) - As Amended: April 26, 2011
SENATE VOTE : 23-14
SUBJECT : Elections: statewide ballot pamphlet.
SUMMARY : Requires the state ballot pamphlet to contain
information regarding the largest contributors supporting and
opposing each state measure that will appear on the ballot.
Specifically, this bill :
1)Requires the state ballot pamphlet, immediately below the
analysis of a state ballot measure prepared by the Legislative
Analyst, to include:
a) A list of the five highest contributors of $50,000 or
more to each primarily formed committee supporting the
measure;
b) A list of the five highest contributors of $50,000 or
more to each primarily formed committee opposing the
measure; and,
c) The total amount of each of the above 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 under
timeframes and procedures set forth by the Secretary of
State (SOS) for preparation of the state ballot pamphlets
for that special election.
d) A printed statement that reads substantially similar to
the following: "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]."
2)Requires the lists and statement described above to be
followed by a statement that the lists only reflect the
highest contributors of $50,000 or more as of 110 days before
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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 under timeframes and procedures set
forth by the SOS for preparation of the state ballot pamphlets
for that special election.
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.
EXISTING LAW requires the statewide ballot pamphlet to include
information, in a specific order, for each state measure to be
voted upon including, but not limited to:
1)A complete copy of each state measure;
2)A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise;
3)A copy of the arguments and rebuttals for and against each
state measure;
4)A copy of the analysis of each state measure prepared by the
Legislative Analyst; and,
5)Table of contents, indexes, art work, graphics, and other
materials that the SOS determines will make the ballot
pamphlet easier to understand or more useful for the average
voter.
FISCAL EFFECT : According to the Senate Appropriations
Committee, 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
mailings costs. However, the SOS's office formats the Voter
Information Guide in 16 page increments so oftentimes there are
blank pages that could be used for these purposes. Therefore,
actual costs are unknown and will be dependent on the number of
initiatives as well as available ballot space.
COMMENTS :
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1)Purpose of the Bill : According to the author, "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
SB 334 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."
2)All Inclusive : This bill applies to all state measures,
including initiative measures placed on the ballot through
voter petitions as well as measures placed on the ballot by
the Legislature.
3)Committee Distinctions : This bill requires that certain
contributions to primarily formed committees supporting and
opposing each state measure be listed in the state ballot
pamphlet. A primarily formed committee means a committee
which is formed or exists primarily to support or oppose a
measure or candidate, or a group of measures or candidates, as
specified. Aside from individual contributions, a primarily
formed committee may also receive contributions from sponsored
and controlled committees.
A candidate or state measure proponent controls a committee if
he or she, his or her agent, or any other committee he or she
controls has a significant influence on the actions or
decisions of the committee. Any entity, except a candidate or
other individual, may be the sponsor of a committee, if
specified conditions apply. This bill provides that if the
contributor is a committee controlled by a candidate, the name
of the candidate shall be listed on the ballot pamphlet, and
if the contributor is a sponsored committee, the name of the
sponsor shall be listed.
4)Timing : The SOS can begin sending out the state ballot
pamphlet to voters on the 40th day before an election.
However, a large amount of lead-time is necessary to produce
the state ballot pamphlet and to have that pamphlet on public
display at least 20 days prior to final production, as
required by current law. To accommodate the timing required
for state ballot pamphlet production, this bill requires
specific contributors to primarily formed committees
supporting and opposing state ballot measures to be listed as
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of 110 days before election day. In addition, this bill
provides that 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, the list of
contributors shall be listed as of a later date as feasible
under timeframes and procedures set forth by the SOS for
preparation of the state ballot pamphlets for that special
election.
5)Accurate Information : While proponents of a measure may have
spent substantial amounts of money to gather signatures to
qualify an initiative for the ballot, it is relatively
uncommon for initiative opponents to spend large amounts on an
initiative more than three months prior to an election. As a
result, most, if not all, spending intended to influence
voters after a measure has qualified for the ballot will not
be disclosed in the ballot pamphlet, which could give voters a
misleading picture of the true supporters and opponents of a
state ballot measure. This bill could, however, 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. In addition, this
bill requires that a statement be included in the pamphlet to
notify voters that contributor information is available on the
SOS's Internet web site.
6)Arguments in Support : In support of this bill, the California
Clean Money Campaign writes, "The information in the ballot
pamphlet is a crucial source of information for voters in
helping them to decide how to vote on ballot measures.
However, it does not currently provide any objective
information on the source of campaign contributions in support
or opposition to them, something that studies have shown that
the vast majority of Californians believe is important to
know. SB 334 is thus a crucial step in providing voters with
information they need to know to help make up their minds how
to vote."
7)Arguments in Opposition : In opposition to this bill, the
Howard Jarvis Taxpayers Association writes:
The Secretary of State has gone to great lengths in recent
years to make financial information available on their
website in an easy to read format. �SB 334] will increase
printing costs at a time when the state simply cannot
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afford any further exactions?Also, the information would
largely become outdated the moment it was published.
What's to stop contributors from giving on day 109 before
an election? The measure could arguably lead to less
transparency, as more and larger contributions are received
in the days and weeks before an election when the sheer
volume becomes harder to effectively monitor.
8)Previous Legislation : SB 1202 (DeSaulnier) of 2010, was
substantially similar to this bill. SB 1202 was vetoed by
Governor Schwarzenegger, who wrote in his veto message:
This bill would?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.
Additionally, this measure creates significant cost
pressure to print information that is already available at
the Secretary of State website, www.sos.ca.gov. Voters
have access to an online database that is up-to-date and
includes contributors in support and opposition of a
measure. Printing a limited list is expensive and
unnecessary.
9)Related Legislation : This bill is similar to a prior version
of AB 65 (Gatto), which was approved by this committee.
However, AB 65 was subsequently amended for an unrelated
purpose.
AB 732 (Buchanan) requires the Attorney General's summary
prepared in the state voter pamphlet for each state bond
measure to include an explanatory table summarizing the
Legislative Analyst's Office estimated fiscal impact of the
bond measure. AB 732 was approved by this committee on a 7-0
vote and is pending in the Senate Appropriations Committee.
10)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974, that created the Fair
Political Practices Commission and codified significant
restrictions and prohibitions on candidates, officeholders,
and lobbyists. That initiative is commonly known as the
Political Reform Act (PRA). Amendments to the PRA that are
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not submitted to the voters must further the purposes of the
initiative and require a two-thirds vote of both houses of the
Legislature, unless the amendments are to specified provisions
to add information to the ballot pamphlet. This bill would
require additional information to be included in the ballot
pamphlet, and therefore requires a majority vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Ballot Initiative Strategy Center
California Clean Money Campaign
California Common Cause
California State PTA
Secretary of State Debra Bowen
Opposition
California Taxpayers Association
Howard Jarvis Taxpayers Association
Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094