BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 448|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 448
Author: DeSaulnier (D) & Hancock (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
SUBJECT : Elections: circulation of petition
SOURCE : Author
DIGEST : This bill requires an individual who circulates
an initiative, referendum, or recall petition to wear a
badge stating, in no smaller than 30-point font print, that
whether he/she is a "paid signature gatherer" or a
"volunteer signature gatherer" and that identifies if and
where he/she is registered to vote, and this bill requires
the individual circulating the initiative, referendum, or
recall petition to wear the badge on his or her chest in
clear view of all individuals signing or asked to sign the
petition.
ANALYSIS : Existing law requires that any state or local
initiative petition contain a statement, notifying the
public that the petition may be circulated by either a paid
or a volunteer signature gatherer, and that the public has
the right to ask.
CONTINUED
SB 448
Page
2
Existing law establishes a process for proposing initiative
measures submitted to voters in California and sets forth
qualifications for persons who circulate initiative
petitions.
Existing law provides that a person who is a voter or who
is qualified to register to vote in this state may
circulate a state initiative or referendum petition
anywhere within the state.
This bill requires an individual who receives compensation
to circulate an initiative, referendum, or recall petition
to identify him/herself as a paid signature gatherer by
wearing a badge stating "PAID SIGNATURE GATHERER."
This bill requires an individual who does not receive
compensation to circulate an initiative, referendum, or
recall petition to identify him/herself as a volunteer
signature gatherer by wearing a badge stating "VOLUNTEER
SIGNATURE GATHERER."
This bill requires an individual circulating an initiative,
referendum, or recall petition to identify the jurisdiction
in which he/she is registered to vote by placing on the
badge the name of the California County in which he/she is
registered to vote. If he/she is not registered to vote,
the badge shall state "NOT REGISTERED TO VOTE."
This bill further requires individuals circulating an
initiative, referendum, or recall petition to wear the
badge on his/her chest in clear view of all individuals
signing or asked to sign the petition, and that the print
on the badge be no smaller than a 30-point font.
Background
Until the 1980s, courts upheld bans on paid signature
gatherers. That changed in 1988, when the U.S. Supreme
Court invalidated Colorado's ban in the
Meyer v. Grant decision as a violation of the First
Amendment's guarantee of free speech.
In Buckley v. American Constitutional Law Foundation
CONTINUED
SB 448
Page
3
(1999), the U.S. Supreme Court examined a Colorado law that
provided a number of other restrictions on the signature
collection process for ballot initiatives. In Buckley, the
court invalidated Colorado's requirement that paid petition
circulators wear a badge identifying themselves and
identifying that they are paid circulators. The court
stated the requirement to wear badges inhibits
participation in the petitioning process, "because the
badge requirement compels personal name identification at
the precise moment when the circulator's interest in
anonymity is greatest, it does not qualify for inclusion
among 'the more limited �election process] identification
requirement�s].'" However, the Buckley decision did not
rule on the validity of the requirement that a circulator
wear a badge stating whether a petition circulator was paid
or a volunteer.
Comments
Legislative Counsel Opinion . 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 signers to assess the sincerity of
circulators."
Prior and related legislation
SB 1203 (DeSaulnier) of 2010, was nearly identical to this
bill. SB 1203 was approved by the Senate Elections and
Constitutional Amendments Committee, but subsequently was
gutted and amended for an unrelated purpose.
SB 168 (Corbett) makes it a misdemeanor for a person to pay
or to receive money or any other thing of value based on
the number of signatures collected on a state or local
initiative, referendum, or recall petition. SB 168 passed
CONTINUED
SB 448
Page
4
out of the Senate Elections and Constitutional Amendments
Committee and is scheduled for hearing in the Senate Public
Safety Committee.
AB 481 (Gordon) requires a person who is paid for
collecting petition signatures to wear a badge indicating
that he/she is a paid signature gatherer, and requires
similar information be disclosed on any state or local
initiative, referendum, or recall petition. AB 481 is
scheduled for hearing in the Assembly Elections and
Redistricting Committee.
AB 651 (Hueso) requires paid signature gatherers to wear a
badge identifying their employer, and requires firms that
pay individuals to circulate petitions and gather
signatures to register with the Secretary of State. AB 651
is currently in Senate Rules Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/5/11)
Secretary of State
OPPOSITION : (Verified 5/5/11)
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the author's office,
most proponents of ballot initiatives pay signature
gatherers on a "per signature" basis, which some critics
point to as a financial incentive to commit fraud. While
efforts to ban paid signature gatherers have foundered in
the courts, states have passed disclosure requirements for
paid signature gatherers. In fact, at least 10 states
require circulators to disclose whether they are paid or
volunteer, most often on the petition itself.
ARGUMENTS IN OPPOSITION : The Howard Jarvis Taxpayer
Association states, by making it harder and more obtrusive
for individuals to collect signatures, this in turn will
make it more difficult for measures to qualify for the
ballot, inhibiting the democratic process. Individuals who
CONTINUED
SB 448
Page
5
desire to sign petitions currently have the ability to ask
signature gatherers if they are being paid, and by whom.
DLW:do 5/5/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED