BILL ANALYSIS �
SB 441
Page 1
Date of Hearing: July 5, 2011
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 441 (Vargas) - As Amended: June 28, 2011
AS PROPOSED TO BE AMENDED
SENATE VOTE : 30-7
SUBJECT : Elections: political party central committees.
SUMMARY : Repeals a provision of law that allows the county
central committee of each qualified political party to supply
the county elections official with a party contribution envelope
or one-page letter to be included in the mailing of the sample
ballot to each registered voter in the county who has disclosed
a party preference for that same party on the voter's affidavit
of registration.
EXISTING LAW:
1)Allows the county central committee of each qualified
political party to supply to its county elections official,
not less than 83 days prior to the direct primary election, a
party contributor envelope or a one-page letter to be included
in the mailing of the sample ballot to each of the registered
voters in the county who have disclosed a preference for that
same party on the voter's affidavit of registration.
2)Provides that, in lieu of supplying the elections official
with a sufficient number of copies of the one-page letter, a
county central committee may supply the elections official,
not less than 83 days before the direct primary election, with
the text of the letter and request the elections official to
print, or cause to be printed, a sufficient number of copies
of the letter to accommodate the mailing. Requires the
elections official to notify the respective county committee
of, and requires the committee to reimburse the county for,
any actual costs incurred by the inclusion or printing, or
both.
FISCAL EFFECT : This bill was keyed non-fiscal by the
Legislative Counsel.
SB 441
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COMMENTS :
1)Author's Amendments : The author has proposed amendments to
remove language that was added on June 28, 2011. As a result
of these amendments, this bill will only retain Section 105,
which eliminates the ability of political parties to place an
insert, as specified, in the sample ballot for a direct
primary election.
2)Purpose of the Bill : According to the author, "This bill will
avoid the expenditure of public funds to defend actions by
political parties. It will also help election officials avoid
the appearance of bias by removing endorsements from county
publications that are produced at public expense and are
designed to inform, rather than persuade, voters."
3)Clean-Up After Top Two : On June 8, 2010, California voters
approved Proposition 14, which created the Top Two Candidates
Open Primary Act. Proposition 14 requires all candidates for
partisan offices, except for US President and county central
committees, running in a primary election, regardless of their
party preference, to appear on a single Primary Election
ballot and permits voters to vote for any candidate. The two
candidates who receive the most votes in the primary election
advance to the general election.
Under current law, county elections officials are required to
include inserts provided by the county central committee in
partisan sample ballots. However, given that, under this new
primary election system, all candidates will appear on a
single ballot, the need for political party-specific voter
information materials and ballots is virtually eliminated. As
such, the author argues, that the provision in this bill that
repeals the ability of county central committees to include
specified inserts in the mailings of sample ballots to voters
who have indicated a party preference could be considered
"clean-up" legislation.
4)Pending Litigation : In the June 2010 primary election, the
San Diego County elections official included a one-page letter
provided by a political party in the sample ballot booklets
mailed to that party's registered voters. In addition to
soliciting funds for the party, the letter also contained
endorsements for several state and local candidates, which
gave it the appearance of a slate mailer. The letter was
SB 441
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challenged in court on the grounds that the original intent of
the law that authorized the insertion of the letter was to
only allow for a party to solicit campaign contributions. On
April 13, 2010, Superior Court Judge Jeffrey Barton issued a
ruling allowing the insert, with some modifications, to be
included in the mailings to voters, stating that because the
law does not include a definition for "solicitation" it does
not preclude a party from "describing its position on issues
or candidates supported." ( Kunde v. Seiler, et al. (2010),
Case No. 37-2010-00089266-CU-WM-CTL). The plaintiffs
appealed, arguing that the registrar had subsidized the
party's mailing by not charging for postage, though the
registrar claims that it did not incur additional postage
costs as a result of the mailing and therefore did not bill
the party for postage. The case is pending in the California
Court of Appeals, 4th Appellate District.
According to background information provided by the author's
office, San Diego County incurred over $25,000 in legal fees
to defend, what it considered, its legal obligation to comply
with the law. The author argues that removing the ability of
county central committees to include inserts in the sample
ballot will avoid the expenditure of public funds to defend
actions by political parties.
5)Arguments in Support : Several county clerks, in support of
this bill, argue "it is crucial that local governments can
defend themselves from the appearance of bias while governing
local elections and it is a basic right that voters should be
able to cast their vote without the presence of a slate mailer
in the official elections materials. �This bill] will
accomplish both of these goals."
SB 441
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REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
(Sponsor)
Alpine County Clerk/Registrar of Voters (prior version)
Contra Costa County Clerk-Recorder (prior version)
Lake County Registrar of Voters (prior version)
Los Angeles County Register-Recorder/County Clerk (prior
version)
Merced County Clerk/Registrar of Voters (prior version)
Santa Barbara County Clerk, Recorder and Assessor (prior
version)
Santa Cruz County Clerk (prior version)
Shasta County Clerk/Registrar of Voters (prior version)
Plumas County Clerk-Recorder, Registrar of Voters (prior
version)
Opposition
None on file.
Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094