BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 488 HEARING DATE:
5/3/11
AUTHOR: CORREA ANALYSIS BY:
Darren Chesin
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Slate Mailers
DESCRIPTION
Existing law , pursuant to the Political Reform Act (PRA)
regulates mass mailings, known as slate mailers that
support or oppose multiple candidates or ballot measures
for an election. The PRA requires that each slate mailer
identify the organization that is sending the slate mailer
and make other specified disclosures. For a more
comprehensive description of slate mailer disclosure
requirements, see the "Background" discussion below.
Organizations sending slate mailers are also required to
file periodic statements reporting payments received and
expenditures made to produce slate mailers.
This bill would additionally provide that for a slate
mailer or other mass mailing that displays a logo,
insignia, emblem, or trademark that is identical or
substantially similar to that of a governmental agency or a
nongovernmental organization that represents law
enforcement, firefighting, emergency medical, or other
public safety personnel which would reasonably be
understood to imply the participation or endorsement of
that agency or organization, the slate mailer organization
responsible would be required to obtain prior express
written consent of the relevant agency or organization.
This bill would also provide that, if a slate mailer
organization sends a slate mailer or other mass mailing
that identifies itself or its source material as
representing a nongovernmental organization with a name
that would reasonably be understood to imply that the
organization is composed of, or affiliated with, law
enforcement, firefighting, emergency medical, or other
public safety personnel, the slate mailer or mass mailing
would be required to disclose the total number of members
in the organization identified and the number of members
working or living within the county in which the slate
mailer or mass mailing is being delivered. This disclosure
must appear on the outside of each piece of mail and on at
least one of the inserts in no less than 12-point roman
type in a color or print that contrasts with the background
so as to be easily legible.
This bill would also make specified findings and
declarations regarding the unauthorized use of governmental
and organizational logos, insignias, emblems, trademarks,
and other identifiers for political purposes.
BACKGROUND
Slate Mail Definitions . "Slate mailer" is defined in the
PRA as a mass mailing which supports or opposes a total of
four or more candidates or ballot measures.
A "slate mailer organization" means any person or
organization who, directly or indirectly, does all of the
following:
Is involved in the production of one or more slate
mailers and exercises control over the selection of the
candidates and measures to be supported or opposed in
the slate mailers.
Receives or is promised payments totaling $500 or more
in a calendar year for the production of one or more
slate mailers.
However, a slate mailer organization does not include any
of the following:
A candidate or officeholder or his or her controlled
committee.
An official committee of any political party.
A legislative caucus committee.
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A committee primarily formed to support or oppose a
candidate, officeholder, or ballot measure.
Slate Mailer Identification and Disclaimer Requirements .
Existing law provides that no slate mailer organization or
committee primarily formed to support or oppose one or more
ballot measures shall send a slate mailer unless:
The name and street address of the slate mailer
organization or committee are shown on the outside of
each piece of slate mail and on at least one of the
included inserts in no less than 8-point roman type in a
color or print which contrasts with the background so as
to be easily legible.
At the top or bottom of the front side or surface of at
least one insert or at the top or bottom of one side or
surface of a postcard or other self-mailer, there is a
notice in a printed or drawn box in similar font and
color consisting of the following statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate
mailer organization or committee primarily
formed to support or oppose one or more ballot
measures), NOT AN OFFICIAL POLITICAL PARTY
ORGANIZATION. Appearance in this mailer does
not necessarily imply endorsement of others
appearing in this mailer, nor does it imply
endorsement of, or opposition to, any issues
set forth in this mailer. Appearance is paid
for and authorized by each candidate and
ballot measure which is designated by an *.
Each candidate and each ballot measure that has paid to
appear in the slate mailer must be designated by an
asterisk (*) which must immediately follow the name of
the candidate, or the name or number and position
advocated on the ballot measure. Any candidate or ballot
measure that has not paid to appear in the slate mailer
may not be designated by an asterisk.
The name of any candidate appearing in the slate mailer
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who is a member of a political party differing from the
political party which the mailer appears by
representation or indicia to represent, must be
accompanied, immediately below the name, by the party
designation of the candidate, in no less than 9-point
roman type which shall be in a color or print that
contrasts with the background so as to be easily
legible. This designation is not required for
candidates for nonpartisan office.
COMMENTS
1. According to the sponsor , SB 488 ensures that
public safety governmental and organizational logos,
insignias, emblems, trademarks and other identifiers
are used only with the approval of the governmental
agency, department, group or organization to which the
identifier belongs. Additionally, this bill requires
specified disclosure information to be displayed on a
mail piece.
California's public safety departments and organizations
are charged with, among other things, disseminating
and enforcing important emergency warnings to the
public, including reverse 911 calls, Emergency
Broadcast System messages, red flag warnings and other
important emergency prevention and evacuation orders
that ultimately save lives. In recent years, certain
slate mailer organizations sending political slate
mail or other mass mailings have used public safety
governmental and organizational logos, insignias and
emblems on mail pieces in a creative effort to suggest
to the voting public that these public safety entities
support or endorse the issue(s) or candidate(s)
represented in the mail piece.
The unauthorized use of such identifiers by slate mail
organizations creates the very real potential for our
state's citizens to be misled and become confused as
they attempt to distinguish between legitimate public
safety communications and political propaganda. Even
worse, is the possibility that important public safety
information is disregarded altogether in the event of
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an emergency because it is inaccurately assumed to be
associated with a political campaign or candidate.
Further, SB 488 would require a slate mail organization
to identify the total number of members in the public
safety organization identified on its mail piece, as
well as the number of members associated with that
organization who work or live within the county in
which the slate mailer or mass mailing is being
delivered.
2. Constitutional Issues . Political speech is fully
protected under the First Amendment of the United
States Constitution. Governmental action that limits
its scope or compels certain language is considered
suspect and may be subject to a legal challenge. In
the case of this bill, the requirement that certain
slate mailers include information on the numbers of
members in their organization may constitute compelled
speech. However, existing law already compels slate
mailers from specified senders to contain other
disclosure statements as described above.
POSITIONS
Sponsor: California Professional Firefighters
Support: Association of Los Angeles Deputy Sheriffs
Los Angeles Probation Officers Union
Orange County Professional Firefighters
Association
Riverside Sheriffs' Association
Oppose: None received
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