Amended in Assembly August 4, 2014

Amended in Assembly June 17, 2014

Amended in Assembly June 10, 2014

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 9082.7 begin delete , 9084, end delete and 9086 of the Elections Code, and to amend begin delete Sections 88001 and end delete begin insert Section end insert 88002 of 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 begin delete statewide end delete begin insert state end insert ballot pamphlet for each statewide ballot measure to be voted upon.

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, begin delete a list of each committee primarily formed end delete begin insert the total amount of reported contributions made end insert to support or oppose a ballot measure, and a list of a committee’s top 10 contributors, as specified. The bill would require the begin delete statewide end delete begin insert state end insert ballot pamphlet to include begin insert for each ballot measure end 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.

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:

SECTION 1.  

Section 9082.7 of the Elections Code is amended
to read:

9082.7.  

(a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain begin delete , for each candidate
featured in the pamphlet and each committee supporting or
opposing a state ballot measure featured in the pamphlet, a
hyperlink to any campaign contribution disclosure reports for that
candidate or committee that are available online. end delete begin insert all of the
following: end insert

begin insert

(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that
are available online.

end insert begin insert

(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision
(b).

end insert

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

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

(2) The total amount of reported contributions made in support
of and opposition to the ballot measure begin delete and the total amount of
reported independent expenditures made in support of and
opposition to the ballot measure. end delete begin insert , calculated and updated as
follows: end insert

begin insert

(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts
of contributions made in support of the ballot measure and reported
in semiannual statements required by Section 84200 of the
Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

end insert begin insert

(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts
of contributions made in opposition to the ballot measure and
reported in semiannual statements required by Section 84200 of
the Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

end insert begin insert

(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:

end insert begin insert

(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.

end insert begin insert

(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if
the total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.

end insert

begin insert (B) end insert begin insert   end insert begin insert The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual
statement, campaign statement, or preelection statement and not
later than two business days after receipt of a late contribution
report within 16 days of the election at which the measure will
appear on the ballot. end insert

begin insert

(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied
by an explanation that the contribution totals may be overstated
due to the inclusion of contributions made to committees supporting
or opposing more than one state ballot measure, as required by
subclause (II) of clause (iii) of subparagraph (A).

end insert

(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223
of the Government Code. begin delete The Fair Political Practices Commission
shall provide the list, and any updates to the list, to the Secretary
of State for purposes of this paragraph. end delete

(4)  begin insert (A) end insert begin insert   end insert 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. begin delete 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 delete

begin delete

(5) 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.

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

end delete begin insert

(B) Information about the sources of contributions 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

(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee’s top 10 contributors
reported to the Fair Political Practices Commission pursuant to
subdivision (a) of Section 84223 of the Government Code.

end insert begin insert

(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices
Commission shall automatically provide any list of top 10
contributors created pursuant to Section 84223 of the Government
Code, and any subsequent updates to that list, to the Secretary of
State for purposes of compliance with this section.

end insert

begin delete

SEC. 2.  

Section 9084 of the Elections Code, as amended by
Section 2 of Chapter 16 of the Statutes of 2014, 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) 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 10 contributors.

(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.

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

(n) 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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. 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 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 10 contributors.

(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. 4.  

Section 88001 of the Government Code, as amended
by Section 8 of Chapter 16 of the Statutes of 2014, 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) 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 10 contributors.

(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.

(n) 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.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

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 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 10 contributors.

(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.”

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

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.