Amended in Senate August 11, 2014

Amended in Senate May 28, 2013

Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 400

Introduced by Assembly Member Fong

(Coauthor: Assembly Member Gatto)

February 15, 2013

An act to add Sections begin delete 336.7 end delete begin insert 336.8 end insert and 9011.5 to the Elections Code, relating to petitions.

LEGISLATIVE COUNSEL’S DIGEST

AB 400, as amended, Fong. Petitions: initiative, referendum, or recall.

Existing law requires that an initiative petition contain specified language advising the public of its right to determine whether the person circulating the petition is a paid signature gatherer or a volunteer.

This bill would require a state or local initiative, referendum, or recall petition circulated by a paid circulator, as defined, who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributions of $10,000 or more in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. The bill would require this disclosure statement to be updated within 7 days of any change in the 5 largest cumulative contributors. The bill would require a committee that employs one or more paid circulators for the purpose of circulating an initiative, referendum, or recall petition to submit the disclosure statement, and any updates to it, to the Secretary of State for posting on his or her Internet Web site.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 336.7 is added to the Elections Code, to
read:

336.7.  

“Paid circulator,” for the purpose of circulating an
initiative, referendum, or recall petition, means a person who is
compensated in any manner for collecting petition signatures to
qualify a state or local initiative, referendum, or recall measure.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 336.8 is added to the end insert begin insert Elections Code end insert begin insert , to
read: end insert

begin insert

begin insert 336.8. end insert   

“Paid circulator,” for the purpose of circulating an
initiative, referendum, or recall petition, means a person who is
compensated in any manner for collecting petition signatures to
qualify a state or local initiative, referendum, or recall measure.

end insert

SEC. 2.  

Section 9011.5 is added to the Elections Code, to read:

9011.5.  

(a) (1) Notwithstanding any other provision of law,
a state or local initiative, referendum, or recall petition required
to be signed by voters and circulated by a paid circulator who is
paid by a committee formed pursuant to Section 82013 of the
Government Code shall include, in 12-point type at the top of the
petition, a disclosure statement that identifies the names of the
persons from whom the committee received the five largest
cumulative contributions of ten thousand dollars ($10,000) or
more.

(2) If more than five persons meet the disclosure threshold
described in paragraph (1) and have made identical cumulative
contributions, the five persons making the largest cumulative
contributions shall be disclosed according to chronological
sequence of receipt of the cumulative contributions.

(3) The disclosure statement required by paragraph (1) shall be
updated within seven days of any change in the five largest
cumulative contributors.

(4) A committee that employs one or more paid circulators to
circulate a state initiative, referendum, or recall petition shall
submit the disclosure statement required by paragraph (1), and any
updates to that statement as required by paragraph (3), to the
Secretary of State, who shall post that statement on his or her
Internet Web site.

(b) A committee that employs one or more paid circulators to
circulate an initiative, referendum, or recall petition shall print on
the petition, immediately following the disclosure statement
required pursuant to subdivision (a), its name and shall identify
itself using a name or phrase that clearly describes the economic
or other special interest of each person who contributed fifty
thousand dollars ($50,000) or more. If two or more of these persons
have the same employer, the committee shall also include the
employer’s identity in the disclosure statement.

(c) As used in this section, “cumulative contributions” means
the cumulative amount of contributions received by a committee
beginning 12 months prior to the date the committee made its first
expenditure to qualify or support the measure.

(d) This section shall not be construed to require a local elections
official to verify the accuracy of the information required by
subdivision (a) or (b) or to reapprove the petition upon the update
required by paragraph (3) of subdivision (a).

(e) Signatures collected on an initiative, referendum, or recall
petition shall not be invalid solely because the information required
by subdivision (a) or (b) was absent or inaccurate.