BILL ANALYSIS �
SB 334
Page 1
SENATE THIRD READING
SB 334 (DeSaulnier)
As Amended August 31, 2011
Majority vote
SENATE VOTE :23-14
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bonilla, Gatto, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Valadao |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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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;
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; and,
d) A printed statement that reads substantially similar to the
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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 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.
5)Contains double-jointing language to avoid chaptering problems
with AB 732 (Buchanan), which is pending on the Senate Floor.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
potential minor General Fund costs for additional printing in the
state ballot pamphlet. For every additional page required due to
the bill's requirement, the cost would be $66,000. However, the
SOS's office formats the voter information guide in 16-page
increments, thus there is often blank space available for additional
information, such as that required by this bill.
COMMENTS : 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."
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 of 110 days before
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election day. 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 will be
listed as of a later date as feasible.
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.
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 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.
Analysis Prepared by : Ethan Jones and Maria Garcia / E. & R. /
(916) 319-2094 FN:
0002353