BILL ANALYSIS �
AB 1405
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Date of Hearing: April 30, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 1405 (Committee on Judiciary) - As Introduced: March 12,
2013
SUBJECT : SUBVERSIVE ORGANIZATION REGISTRATION LAW: REPEAL
KEY ISSUE : SHOULD THE ANTIQUATED, INEFFECTIVE, AND LIKELY
UNCONSTITUTIONAL WORLD WAR II ERA STATUTE KNOWN AS THE
SUBVERSIVE ORGANIZATION REGISTRATION LAW BE REPEALED?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial Committee bill seeks to repeal the World
War II era Subversive Organization Registration Law (SORL).
Under the SORL, a "subversive organization" is defined as a
group of at least two persons which advocates for the violent
overthrow of the government, or that is subject to "foreign
control," as defined. Among other things, the SORL requires
subversive organizations to file with the Secretary of State
information identifying the times and places of its meetings,
the names of its officers and members, and copies of any
literature that it distributes to its members or that its
members distribute to others. The SORL should be repealed
because it is likely unconstitutional, contains vague language
that creates the potential for abuse against some organizations,
and has been demonstrated to be both unutilized and completely
ineffective in nature. The bill is supported by the ACLU, who
also shares concerns about the constitutionality of the SORL,
and it has no known opposition.
SUMMARY : Repeals the Subversive Organization Registration Law
(Title 5 of the Corporations Code, commencing with Section
35000) in its entirety.
EXISTING LAW, the Subversive Organization Registration Law:
1)Defines "subversive organization" to mean every corporation,
association, society, camp, group, bund, political party,
assembly, and everybody or organization composed of two or
more persons or members, which either:
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a) Directly or indirectly advocates, advises, teaches, or
practices, the duty, necessity, or propriety of
controlling, conducting, seizing, or overthrowing the
Government of the United States, of this State, or of any
political subdivision thereof by force or violence.
b) Is subject to foreign control, as defined.
(Corporations Code Section 35002. Unless otherwise stated,
all further references are to this code.)
2)Provides that an organization is "subject to foreign control"
if it comes within either of the following descriptions:
a) It solicits or accepts financial contributions, loans,
or support of any kind directly or indirectly from, or is
affiliated directly or indirectly with, a foreign
government or a political subdivision thereof, an agent,
agency, or instrumentality of a foreign government or
political subdivision thereof, a political party in a
foreign country, or an international political
organization.
b) Its policies, or any of them, are determined by or at
the suggestion of, or in collaboration with, a foreign
government or political subdivision thereof, an agent,
agency, or instrumentality of a foreign government or a
political subdivision thereof, a political party in a
foreign country, or an international political
organization. (Section 35003.)
3)Provides that "subversive organization" does not include any
labor union or religious, fraternal, or patriotic
organization, society, or association whose objectives and
aims do not contemplate the overthrow of the Government of the
United States, of this State, or of any political subdivision
thereof by force or violence. (Section 35004.)
4)Requires every subversive organization within 10 days after
its organization to file with the Secretary of State specified
information and documents, including among other things:
a) The names and addresses of all its branches, chapters,
and affiliates.
b) The nature and extent of its existing and proposed aims,
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purposes, and activities.
c) The times and places of its meetings.
d) The description and location of the property it owns,
its assets and liabilities, the methods for the financing
of its activities, and the names and addresses of all
persons, organizations, and other sources who or which have
contributed money, property, literature, or other things of
value to the organization.
e) The organization's charter, articles of association, or
constitution, and its by-laws, rules, and regulations.
f) Each agreement, resolution, and other instrument or
document relating to its organization, powers, and purposes
and the powers and duties of its officers and members.
g) Each book, pamphlet, leaflet, or other printed, written,
or illustrated matter directly or indirectly issued or
distributed by it or in its behalf, or to or by its members
with its knowledge, consent, or approval. (Section 35100.)
5)Requires every subversive organization, at least once in each
period of six months, to file with the Secretary of State a
statement subscribed under oath by all of its officers showing
the names and residence addresses of all persons who have been
admitted to membership during that period or, if no members
have been admitted during that period, a statement to that
effect similarly subscribed. (Section 35103.)
6)Provides that any subversive organization which violates any
provision of this title is guilty of a felony punishable by
fine of not less than one thousand dollars ($1,000) nor more
than ten thousand dollars ($10,000). (Section 35300.)
7)Provides that any person who becomes or remains a member of
any subversive organization, or attends a meeting thereof,
with knowledge that the organization has failed to comply with
any provision of this title, is guilty of a misdemeanor
punishable by fine of not less than twenty dollars ($20) nor
more than one thousand dollars ($1,000), or by imprisonment in
the county jail for not less than 10 days nor more than one
year, or by both. (Section 35302.)
COMMENTS : This bill seeks to repeal the World War II era
Subversive Organization Registration Law (SORL). The SORL has a
number of characteristics that recommend its repeal. First, the
SORL is likely unconstitutional. Second, given the vagueness of
some of its language, the law creates a real potential for abuse
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against groups that may have unpopular political views.
Finally, as over sixty years of experience have demonstrated,
the SORL is an outdated, unutilized, and ineffective statute.
Constitutionality concerns. The constitutionality concerns
raised by the SORL are myriad. Among other things, the SORL
requires a subversive organization to file with the Secretary of
State information identifying the times and places of its
meetings, the names of its officers and members, and copies of
any literature that it distributes to its members or that its
members distribute to others. It also provides that any person
who becomes or remains a member of any subversive organization,
or attends a meeting thereof, with knowledge that the
organization has failed to register with the Secretary of State
or comply with other requirements, is guilty of a misdemeanor
punishable by fine or imprisonment. As succinctly summarized by
the American Civil Liberties Union (ACLU) in its letter of
support, the SORL certainly appears to be "inconsistent with
constitutional protections of free speech, freedom of
association, and political affiliations."
The only case law involving the SORL that the Committee is aware
of is People v. Noble (1945) 68 Cal. App. 2d 853. In 1941,
Robert Noble and several other individuals were indicted for
violating the SORL. The defendants were active in a pro-German
group called the Friends of Progress that had expressed some
sympathy for Nazi Germany and Imperial Japan, but there was not
sufficient evidence that they sought to overthrow the government
or that they were controlled by, or worked in collaboration
with, either of those governments. Because the convictions were
overturned for lack of evidence, the Court of Appeal deemed it
unnecessary to decide the constitutional question, but did
express "grave doubt" even almost 70 years ago as to the
constitutionality of the SORL.
Vague language and potential for abuse. Among other problems,
the definition of "subversive organization" under the SORL
includes either: (1) a group that seeks to overthrow the
government; or (2) a group that is "subject to foreign control,"
which in turn is defined very broadly to mean, not just under
the control of a foreign nation, but even following the
"suggestion" of any "international political organization." The
use of the disjunctive term "either" suggests that the law would
apply to a group following the suggestion of any international
organization, even if was peaceful and did not advocate
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overthrowing the government. (Section 35002, emphasis added.)
But the SORL also specifies that a "subversive organization"
does not include any labor union, religious organization or any
other group that "does not contemplate the overthrow of the
Government . . ." (Section 35004) - which makes the effect of
the "either" in Section 35002 unclear and confusing.
The unclear application of the SORL to various organizations is
especially problematic because the law makes failure to register
a felony subject to a fine, and even possible imprisonment for
officers of the organization. The vague language of the statute
creates a real potential for abuse because it may permit
prosecution or other action to be taken against some
organization or group of persons where there might not be any
other clear grounds for doing so, merely for the reasonable
failure to "register" when potentially required to do so.
Demonstrated ineffectiveness and nonuse . The SORL is an
ineffective statute because it is not expected that any group
that actually poses a threat to overthrow the government by
violence would ever register, or even have any qualms about not
registering. Reportedly, no subversive organizations have
actually even filed with the Secretary of State in the past 68
years pursuant to the SORL, suggesting that in fact, the statute
is both ineffective and ignored, with good reason.
In support, the ACLU calls the SORL an "antiquated and
unconstitutional" statute that "is an unnecessary remnant of the
McCarthy era."
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union (ACLU)
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
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