Amended in Senate May 27, 2014

Amended in Senate May 5, 2014

Amended in Senate March 12, 2014

Senate Bill No. 844

Introduced by Senator Pavley

(Coauthors: Senators Anderson, Block, Correa, De León, DeSaulnier, Hancock, Leno, and Padilla)

(Coauthors: Assembly Members Dickinson, Garcia, and Wieckowski)

January 8, 2014

An act to amend Sections begin insert 9082.7, end insert 9084 begin insert , end insert and 9086 of the Elections Code, and to amend Sections 88001 and 88002 of begin delete , and to add Section 12173.5 to, end delete the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 844, as amended, Pavley. Elections: ballot measure contributions.

Existing law requires each campaign committee formed or existing primarily to support or oppose a statewide ballot measure to file with the Secretary of State periodic reports identifying the sources and amounts of contributions received during specified periods. Existing law, including the Political Reform Act of 1974, also specifies information required to be included in the statewide ballot pamphlet for each statewide ballot measure to be voted upon.

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This bill would require the Secretary of State to post on his or her Internet Web site, for each statewide ballot measure, lists of the 10 highest contributors of $50,000 or more who have made the largest cumulative amount of contributions to all campaign committees collectively that are formed or existing primarily to support or oppose that ballot measure. The bill would require the Secretary of State to update each list of contributors at specified intervals up until 2 business days before the election and to post a final version of each list by a specified date after the election. In addition, the bill would require the statewide ballot pamphlet to include a printed statement that refers voters to the Secretary of State’s Internet Web site for the above-described lists of contributors. The bill would authorize the Secretary of State to adopt guidelines, regulations, or policies, as specified.

end delete begin insert

This bill would require the Secretary of State to create an Internet Web site, or use other available technology, to consolidate information about each ballot measure in a manner that is easy for voters to access and understand. The Internet Web site would be required to include a summary of each ballot measure, a list of each committee primarily formed to support or oppose a ballot measure, and a list of a committee’s top 10 contributors, as specified. The bill would require the statewide ballot pamphlet to include a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top ten contributors.

end insert

The Political Reform Act of 1974, an initiative measure, generally provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements. The act also provides that, notwithstanding this requirement, the Legislature may add to the ballot pamphlet information regarding candidates or other information.

This bill, which would permit or require additional information to be included in the ballot pamphlet, would therefore require a majority vote.

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 9084 of the Elections Code is amended
to read:

9084.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083.

(h) The Voter Bill of Rights pursuant to Section 2300.

(i) (1) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State’s
Internet Web site for information about the 10 highest contributors
to primarily formed committees supporting or opposing each state
measure, as provided for in Section 12173.5 of the Government
Code.

(2) The printed statement required by paragraph (1) shall read
substantially similar to the following: “To learn who are the 10
highest contributors to committees supporting or opposing each
state measure, access the ‘Top 10 Lists’ page on the Secretary of
State’s Internet Web site at [Internet Web site address].”

(j) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(k) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(l) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 9082.7 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

9082.7.  

begin insert (a) end insert begin insert   end insert The Secretary of State shall begin delete disseminate end delete begin insert make
available end insert the complete state ballot pamphlet over the Internet.

begin insert

(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about
each ballot measure in a manner that is easy for voters to access
and understand. The information shall include all of the following:

end insert begin insert

(1) A summary of the ballot measure’s content.

end insert begin insert

(2) A list of each committee primarily formed to support or
oppose the ballot measure, as described in Section 82047.5 of the
Government Code, and a means to access the sources of funding
reported for each committee. The sources of funding shall be
updated as new information becomes available to the public
pursuant to the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000) of the Government Code).

end insert begin insert

(3) For committees primarily formed to support or oppose a
state ballot measure that raise one million dollars ($1,000,000)
or more for an election, the list of the committee’s top 10
contributors provided to the Fair Political Practices Commission
pursuant to Section 84223 of the Government Code. The Fair
Political Practices Commission shall provide top 10 contributor
lists, and any subsequent updates to the lists, to the Secretary of
State for the purposes of compliance with this section.

end insert begin insert

(4) Any other Internet Web site hyperlinks to other relevant
information.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9084 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 2 of Chapter 16 of the Statutes of 2014, is amended to
read: end insert

9084.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083.

(h) The Voter Bill of Rights pursuant to Section 2300.

begin insert

(i) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State’s
Internet Web site for a list of committees primarily formed to
support or oppose a ballot measure, and information on how to
access the committee’s top ten contributors.

end insert begin delete

(i)

end delete

begin insert (j) end insert  If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

begin delete

(j)

end delete

begin insert (k) end insert  If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

begin delete

(k)

end delete

begin insert (l) end insert  If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

begin delete

(l)

end delete

begin insert (m) end insert  A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.

begin delete

(m)

end delete

begin insert (n) end insert  A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description
of the Internet Web sites where those lists are available to the
public.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 9086 of the Elections Code is amended to read:

9086.  

The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:

(a) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:

(A) Identification of the measure by number and title.

(B) The official summary prepared by the Attorney General.

(C) The total number of votes cast for and against the measure
in both the State Senate and Assembly, if the measure was passed
by the Legislature.

(2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 and Section 88003 of the Government Code
shall not be included when measuring the amount of space the
information described in paragraph (1) has taken for purposes of
determining compliance with the restriction prohibiting the
information described in paragraph (1) from exceeding one-third
of the page.

(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
the analysis shall begin on the lower portion of the first left page
and shall continue on subsequent pages until it is completed.

(c) Immediately below the analysis prepared by the Legislative
Analyst shall appear begin delete the printed statement that refers voters to the
Secretary of State’s Internet Web site for information about the
10 highest contributors to primarily formed committees supporting
or opposing each state measure, as described in subdivision (i) of
Section 9084 end delete begin insert a printed statement that refers voters to the Secretary
of State’s Internet Web site for a list of committees primarily
formed to support or oppose a ballot measure, and information
on how to access the committee’s top ten contributors end insert .

(d) Arguments for and against the measure shall be placed on
the next left and right pages, respectively, following the final page
of the analysis of the Legislative Analyst. The rebuttals shall be
placed immediately below the arguments.

(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(f) The complete text of each measure shall appear at the back
of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of
law repealed or revised by the measure. The provisions of the
proposed measure differing from the existing provisions of law
affected shall be distinguished in print, so as to facilitate
comparison.

(g) The following statement shall be printed at the bottom of
each page where arguments appear: “Arguments printed on this
page are the opinions of the authors, and have not been checked
for accuracy by any official agency.”

begin delete

SEC. 3.  

Section 12173.5 is added to the Government Code, to
read:

12173.5.  

(a) (1) The Secretary of State shall post on his or
her Internet Web site, on a page entitled “Top 10 Lists,” both of
the following for each statewide ballot measure:

(A) A list of the 10 highest contributors of fifty thousand dollars
($50,000) or more who have made the largest cumulative amount
of contributions to all primarily formed committees collectively
that are supporting the measure.

(B) A list of the 10 highest contributors of fifty thousand dollars
($50,000) or more who have made the largest cumulative amount
of contributions to all primarily formed committees collectively
that are opposing the measure.

(2) Each list required by paragraph (1) shall identify the names
of the 10 contributors who have made the largest cumulative
contributions to the committee, the total amount of each
contributor’s contributions, the employer and occupation of the
contributor, if any, the city and state of the contributor, and the
contributor’s committee identification number, if any.

(3) Each list required by paragraph (1) shall be in order from
the contributor who made the largest cumulative amount of
contributions to the contributor who made the smallest cumulative
amount of contributions. If two or more contributors made an equal
amount of contributions, those contributors shall be listed in
alphabetical order.

(4) Each list required by paragraph (1) shall reflect the
cumulative amount of contributions received by primarily formed
committees beginning 12 months before the date each committee
made its first expenditure to qualify, support, or oppose the
measure.

(5) If a contributor is a committee controlled by a candidate, as
defined in Section 82016, the name of the candidate shall be listed.

(6) If a contributor is a sponsored committee, as defined in
Section 82048.7, the name of the sponsor shall be listed.

(b) The Secretary of State shall make reasonable efforts to ensure
that each list required by subdivision (a) does all of the following:

(1) Excludes any transfer of funds between two or more
primarily formed committees for or against the same statewide
ballot measure in order to prevent counting the funds more than
once.

(2) Treats a contribution that is made to a primarily formed
committee that supports or opposes more than one statewide ballot
measure as if the contribution was made in connection with each
statewide ballot measure the committee supports or opposes.

(3) Marks the name of a contributor with an asterisk if the
contributor made a contribution to a primarily formed committee
that supports or opposes more than one statewide ballot measure.

(4) Includes, beyond the 10 highest contributors of fifty thousand
dollars ($50,000) or more, an additional contributor of fifty
thousand dollars ($50,000) or more for each contributor to a
primarily formed committee that supports or opposes more than
one statewide ballot measure. For each contributor whose name
is marked by an asterisk pursuant to paragraph (3), the list shall
be expanded to include the next highest contributor of fifty
thousand dollars ($50,000) or more.

(5) Includes a statement substantially similar to the following:
“Note: A contributor whose name is marked by an asterisk made
a contribution to a committee that simultaneously supported or
opposed more than one statewide ballot measure on the [Month]
[Day], [Year] ballot. In these cases, it is not possible to determine
the amount of the contribution that was spent specifically on the
campaign for any particular measure.”

(c) The Secretary of State shall update each list required by
subdivision (a) within five business days after the campaign
statement deadlines provided for in Section 84202.3, and within
five business days after any late contribution report filed pursuant
to Section 84203 if the information in the report affects the lists
required by subdivision (a). During the 16 days before the election
for each statewide ballot measure, each list required by subdivision
(a) shall be updated every 48 hours to include new contributions,
with a final update two business days before the election.

(d) The Secretary of State shall, within 10 business days after
the January 31 filing deadline provided for in subdivision (a) of
Section 84200, post a final version of each list required by
subdivision (a) for any statewide ballot measure voted on in the
previous calendar year.

(e) The Secretary of State shall post in a prominent place on the
homepage of his or her Internet Web site a hyperlink to the lists
required by subdivision (a). The Secretary of State shall provide
in the online version of the statewide ballot pamphlet an easily
accessible hyperlink to the lists required by subdivision (a).

(f) The Secretary of State may adopt guidelines, regulations, or
policies necessary to implement this section. Any guidelines,
regulations, or policies adopted pursuant to this subdivision shall
be posted on the Secretary of State’s Internet Web site.

(g) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 shall apply to this section.

end delete begin delete

SEC. 4.  

Section 88001 of the Government Code is amended
to read:

88001.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.

(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.

(i) (1) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State’s
Internet Web site for information about the 10 highest contributors
to primarily formed committees supporting or opposing each state
measure, as provided for in Section 12173.5.

(2) The printed statement required by paragraph (1) shall read
substantially similar to the following: “To learn who are the 10
highest contributors to committees supporting or opposing each
state measure, access the ‘Top 10 Lists’ page on the Secretary of
State’s Internet Web site at [Internet Web site address].”

(j) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

(k) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(l) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

(m) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 88001 of the end insert begin insert Government Code end insert begin insert , as amended
by Section 8 of Chapter 16 of the Statutes of 2014, is amended to
read: end insert

88001.  

The ballot pamphlet shall contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.

(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.

begin insert

(i) If the ballot contains an election for a state measure, a
printed statement that refers voters to the Secretary of State’s
Internet Web site for a list of committees primarily formed to
support or oppose a ballot measure, and information on how to
access the committee’s top ten contributors.

end insert begin delete

(i)

end delete

begin insert (j) end insert  If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state ballot pamphlet that does not exceed
250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall be submitted in
accordance with timeframes and procedures set forth by the
Secretary of State for the preparation of the state ballot pamphlet.

begin delete

(j)

end delete

begin insert (k) end insert  If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

begin delete

(k)

end delete

begin insert (l) end insert  If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

begin delete

(l)

end delete

begin insert (m) end insert  A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.

begin delete

(m)

end delete

begin insert (n) end insert  A written explanation of the top 10 contributor lists required
by Section 84223, including a description of the Internet Web sites
where those lists are available to the public.

SEC. 5.  

Section 88002 of the Government Code is amended
to read:

88002.  

The ballot pamphlet shall contain as to each state
measure to be voted upon, the following in the order set forth in
this section:

(a) (1) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:

(A) The identification of the measure by number and title.

(B) The official summary prepared by the Attorney General.

(C) The total number of votes cast for and against the measure
in both the State Senate and Assembly if the measure was passed
by the Legislature.

(2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 of the Elections Code and Section 88003 shall
not be included when measuring the amount of space the
information described in paragraph (1) has taken for purposes of
determining compliance with the restriction prohibiting the
information described in paragraph (1) from exceeding one-third
of the page.

(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
then the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.

(c) Immediately below the analysis prepared by the Legislative
Analyst shall appear begin delete the printed statement that refers voters to the
Secretary of State’s Internet Web site for information about the
10 highest contributors to primarily formed committees supporting
or opposing each state measure, as described in subdivision (i) of
Section 88001 end delete begin insert a printed statement that refers voters to the
Secretary of State’s Internet Web site for a list of committees
primarily formed to support or oppose a ballot measure, and
information on how to access the committee’s top ten contributors end insert .

(d) Arguments for and against the measure shall be placed on
the next left and right pages, respectively, following the page on
which the analysis of the Legislative Analyst ends. The rebuttals
shall be placed immediately below the arguments.

(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(f) The complete text of each measure shall appear at the back
of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of
law repealed or revised by the measure. The provisions of the
proposed measure differing from the existing provisions of law
affected shall be distinguished in print, so as to facilitate
comparison.

(g) The following statement shall be printed at the bottom of
each page where arguments appear: “Arguments printed on this
page are the opinions of the authors and have not been checked
for accuracy by any official agency.”

SEC. 6.  

The Legislature finds and declares that this act permits
or requires the inclusion of additional information in the ballot
pamphlet in accordance with Section 88007 of the Government
Code.