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 state 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, the total amount of reported contributions made to support or oppose a ballot measure,
and a list of a committee’s top 10 contributors, as specified. The bill would require the state ballot pamphlet to include for each ballot 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 topbegin delete tenend deletebegin insert 10end insert contributors.
This bill would incorporate additional changes in Section 9082.7 of the Elections Code proposed by SB 1253, that would become operative only if SB 1253 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.
end insertThe 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 9082.7 of the Elections Code is amended
2to read:
(a) The Secretary of State shall make available the
4complete state ballot pamphlet over the Internet. The online version
5of the state ballot pamphlet shall contain all of the following:
6(1) For each candidate listed in the pamphlet, a means to access
7campaign contribution disclosure reports for the candidate that are
8available online.
P3 1(2) For each state ballot measure listed in the pamphlet, a means
2to access the consolidated information specified in subdivision
3(b).
4(b) The Secretary of State shall create an
Internet Web site, or
5use other available technology, to consolidate information about
6each state ballot measure in a manner that is easy for voters to
7access and understand. The information shall include all of the
8following:
9(1) A summary of the ballot measure’s content.
10(2) The total amount of reported contributions made in support
11of and opposition to the ballot measure, calculated and updated as
12follows:
13(A) (i) The total amount of contributions in support of the ballot
14measure shall be calculated by adding together the total amounts
15of contributions made in support of the ballot measure and reported
16in semiannual statements required by Section 84200 of the
17Government Code, preelection
statements required by Section
1884200.5 of the Government Code, campaign statements required
19by Section 84202.3 of the Government Code, and late contribution
20reports required by Section 84203 of the Government Codebegin insert,end insert that
21are reported within 16 days of the election at which the measure
22will appear on the ballot.
23(ii) The total amount of contributions in opposition to the ballot
24measure shall be calculated by adding together the total amounts
25of contributions made in opposition to the ballot measure and
26reported in semiannual statements required by Section 84200 of
27the Government Code, preelection statements required by Section
2884200.5 of the Government Code, campaign statements required
29by Section 84202.3 of the Government Code, and late
contribution
30reports required by Section 84203 of the Government Codebegin insert,end insert that
31are reported within 16 days of the election at which the measure
32will appear on the ballot.
33(iii) For purposes of determining the total amount of reported
34contributions pursuant to this subparagraph, the Secretary of State
35shall, to the extent practicable with respect to committees primarily
36formed to support or oppose a ballot measure, do both of the
37following:
38(I) Ensure that transfers of funds between primarily formed
39committees are not counted twice.
P4 1(II) Treat a contribution made to a primarily formed committee
2that supports or
opposes more than one state ballot measure as if
3the total amount of that contribution was made for each state ballot
4measure that the committee supports or opposes.
5(B) The total amount of reported contributions calculated under
6this paragraph for each state ballot measure shall be updated not
7later than five business days after receipt of a semiannual statement,
8campaign statement, or preelection statement and not later than
9two business days after receipt of a late contribution report within
1016 days of the election at which the measure will appear on the
11ballot.
12(C) The total amount of reported contributions calculated under
13this paragraph for each state ballot measure shall be accompanied
14by an explanation that the contribution totals may be overstated
15due to the inclusion of
contributions made to committees
16supporting or opposing more than one state ballot measure, as
17required by subclause (II) of clause (iii) of subparagraph (A).
18(3) A current list of the top 10 contributors supporting and
19opposing the ballot measure, if compiled by the Fair Political
20Practices Commission pursuant to subdivision (e) of Section 84223
21of the Government Code.
22(4) (A) A list of each committee primarily formed to support
23or oppose the ballot measure, as described in Section 82047.5 of
24the Government Code, and a means to access the sources of funding
25reported for each committee.
26(B) Information about the sources of contributions shall be
27updated as new information becomes available to the
public
28pursuant to the Political Reform Act of 1974 (Title 9 (commencing
29with Section 81000) of the Government Code).
30(C) If a committee identified in subparagraph (A) receives one
31million dollars ($1,000,000) or more in contributions for an
32election, the Secretary of State shall provide a means to access
33online information about the committee’s top 10 contributors
34reported to the Fair Political Practices Commission pursuant to
35subdivision (a) of Section 84223 of the Government Code.
36(D) Notwithstanding paragraph (1) of subdivision (c) of Section
3784223 of the Government Code, the Fair Political Practices
38Commission shall automatically provide any list of top 10
39contributors created pursuant to Section 84223 of the Government
P5 1Code, and any subsequent updates to that list, to the
Secretary of
2State for purposes of compliance with this section.
begin insertSection 9082.7 of the end insertbegin insertElections Codeend insertbegin insert is amended to
4read:end insert
begin insert(a)end insertbegin insert end insert The Secretary of State shallbegin delete disseminateend deletebegin insert make
6availableend insert the complete state ballot pamphlet over the Internet.begin insert The
7online verison of the state ballot pamphlet shall contain all of the
8following:end insert
9(1) For each candidate listed in the pamphlet, a means to access
10campaign contribution disclosure reports for the candidate that
11are available online.
12(2) For each state ballot measure listed in the pamphlet, a means
13to access the consolidated information specified in subdivision
14(b).
15(b) The Secretary of State shall create an Internet Web site, or
16use other available technology, to consolidate information about
17each state ballot measure in a manner that is easy for voters to
18access and understand. The information shall include all of the
19following:
20(1) A summary of the ballot measure’s content.
end insertbegin insert
21(2) The total amount of reported contributions made in support
22of and opposition to the ballot measure, calculated and updated
23as follows:
24(A) (i) The total amount of contributions in support of the ballot
25measure shall be calculated by adding together the total amounts
26of contributions made in support of the ballot measure and reported
27in semiannual statements required by Section 84200 of the
28Government Code, preelection statements required by Section
2984200.5 of the Government Code, campaign statements required
30by Section 84202.3 of the Government Code, and late contribution
31reports required by Section 84203 of the Government Code, that
32are
reported within 16 days of the election at which the measure
33will appear on the ballot.
34(ii) The total amount of contributions in opposition to the ballot
35measure shall be calculated by adding together the total amounts
36of contributions made in opposition to the ballot measure and
37reported in semiannual statements required by Section 84200 of
38the Government Code, preelection statements required by Section
3984200.5 of the Government Code, campaign statements required
40by Section 84202.3 of the Government Code, and late contribution
P6 1reports required by Section 84203 of the Government Code, that
2are reported within 16 days of the election at which the measure
3will appear on the ballot.
4(iii) For purposes of determining the total amount of reported
5contributions pursuant to this subparagraph, the Secretary of State
6shall, to the extent practicable with respect to committees primarily
7
formed to support or oppose a ballot measure, do both of the
8following:
9(I) Ensure that transfers of funds between primarily formed
10committees are not counted twice.
11(II) Treat a contribution made to a primarily formed committee
12that supports or opposes more than one state ballot measure as if
13the total amount of that contribution was made for each state ballot
14measure that the committee supports or opposes.
15(B) The total amount of reported contributions calculated under
16this paragraph for each state ballot measure shall be updated not
17later than five business days after receipt of a semiannual
18statement, campaign statement, or preelection statement and not
19later than two business days after receipt of a late contribution
20report within 16 days of the election at which the measure will
21appear on the ballot.
22(C) The total amount of reported contributions calculated under
23this paragraph for each state ballot measure shall be accompanied
24by an explanation that the contribution totals may be overstated
25due to the inclusion of contributions made to committees supporting
26or opposing more than one state ballot measure, as required by
27subclause (II) of clause (iii) of subparagraph (A).
28(3) A current list of the top 10 contributors supporting and
29opposing the ballot measure, if compiled by the Fair Political
30Practices Commission pursuant to subdivision (e) of Section 84223
31of the Government Code.
32(4) (A) A list of each committee primarily formed to support
33or oppose the ballot measure, as described in
Section 82047.5 of
34the Government Code, and a means to access information about
35the sources of funding reported for each committee.
36(B) Information about the sources of contributions shall be
37updated as new information becomes available to the public
38pursuant to the Political Reform Act of 1974 (Title 9 (commencing
39with Section 81000) of the Government Code).
P7 1(C) If a committee identified in subparagraph (A) receives one
2million dollars ($1,000,000) or more in contributions for an
3election, the Secretary of State shall provide a means to access
4online information about the committee’s top 10 contributors
5reported to the Fair Political Practices Commission pursuant to
6subdivision (a) of Section 84223 of the Government Code.
7(D) Notwithstanding paragraph (1) of subdivision (c) of Section
884223 of the Government Code,
the Fair Political Practices
9Commission shall automatically provide any list of top 10
10contributors created pursuant to Section 84223 of the Government
11Code, and any subsequent updates to that list, to the Secretary of
12State for purposes of compliance with this section.
13(5) Any other information deemed relevant by the Secretary of
14State.
Section 9086 of the Elections Code is amended to read:
The ballot pamphlet shall contain as to each state measure
17to be voted upon, the following, in the order set forth in this
18section:
19(a) (1) Upon the top portion of the first page, and not exceeding
20one-third of the page, shall appear:
21(A) Identification of the measure by number and title.
22(B) The official summary prepared by the Attorney General.
23(C) The total number of votes cast for and against the measure
24in both the State Senate and Assembly, if the measure was passed
25by the Legislature.
26(2) The space in the title and summary that is used for an
27explanatory table prepared pursuant to paragraph (2) of subdivision
28(e) of Section 9087 and Section 88003 of the Government Code
29shall not be included when measuring the amount of space the
30information described in paragraph (1) has taken for purposes of
31determining compliance with the restriction prohibiting the
32information described in paragraph (1) from exceeding one-third
33of the page.
34(b) Beginning at the top of the right page shall appear the
35analysis prepared by the Legislative Analyst, provided that the
36analysis fits on a single page. If it does not fit on a single page,
37the analysis shall begin on the lower portion of the first left page
38and shall continue on subsequent pages until it is completed.
39(c) Immediately below the analysis prepared by the Legislative
40Analyst shall appear a printed statement that refers voters to the
P8 1Secretary of State’s Internet Web site for a list of committees
2primarily formed to support or oppose a ballot measure, and
3information on how to access the committee’s top 10 contributors.
4(d) Arguments for and against the measure shall be placed on
5the next left and right pages, respectively, following the final page
6of the analysis of the Legislative Analyst. The rebuttals shall be
7placed immediately below the arguments.
8(e) If no argument against the measure has been submitted, the
9argument for the measure shall appear on the right page facing the
10analysis.
11(f) The complete text of each measure shall appear at the back
12of the pamphlet. The text of the measure shall contain the
13provisions of the proposed measure and the existing provisions of
14law repealed or revised by the measure. The provisions of the
15proposed measure differing from the existing provisions of law
16affected shall be distinguished in print, so as to facilitate
17comparison.
18(g) The following statement shall be printed at the bottom of
19each page where arguments appear: “Arguments printed on this
20page are the opinions of the authors, and have not been checked
21for accuracy by any official agency.”
Section 88002 of the Government Code is amended
23to read:
The ballot pamphlet shall contain as to each state
25measure to be voted upon, the following in the order set forth in
26this section:
27(a) (1) Upon the top portion of the first page and not exceeding
28one-third of the page shall appear:
29(A) The identification of the measure by number and title.
30(B) The official summary prepared by the Attorney General.
31(C) The total number of votes cast for and against the measure
32in both the State Senate and Assembly if the measure was passed
33by the Legislature.
34(2) The space in the title and summary that is used for an
35explanatory table prepared pursuant to paragraph (2) of subdivision
36(e) of Section 9087 of the Elections Code and Section 88003 shall
37not be included when measuring the amount of space the
38information described in paragraph (1) has taken for purposes of
39determining compliance with the restriction prohibiting the
P9 1information described in paragraph (1) from exceeding one-third
2of the page.
3(b) Beginning at the top of the right page shall appear the
4analysis prepared by the Legislative Analyst, provided that the
5analysis fits on a single page. If it does not fit on a single page,
6then the analysis shall begin on the lower portion of the first left
7page and shall continue on subsequent pages until it is completed.
8(c) Immediately below the analysis prepared by the Legislative
9Analyst shall appear a printed statement that refers voters to the
10
Secretary of State’s Internet Web site for a list of committees
11primarily formed to support or oppose a ballot measure, and
12information on how to access the committee’s top 10 contributors.
13(d) Arguments for and against the measure shall be placed on
14the next left and right pages, respectively, following the page on
15which the analysis of the Legislative Analyst ends. The rebuttals
16shall be placed immediately below the arguments.
17(e) If no argument against the measure has been submitted, the
18argument for the measure shall appear on the right page facing the
19analysis.
20(f) The complete text of each measure shall appear at the back
21of the pamphlet. The text of the measure shall contain the
22provisions of the
proposed measure and the existing provisions of
23law repealed or revised by the measure. The provisions of the
24
proposed measure differing from the existing provisions of law
25affected shall be distinguished in print, so as to facilitate
26comparison.
27(g) The following statement shall be printed at the bottom of
28each page where arguments appear: “Arguments printed on this
29page are the opinions of the authors and have not been checked
30for accuracy by any official agency.”
Section 1.5 of this bill incorporates amendments to
32Section 9082.7 of the Elections Code proposed by both this bill
33and Senate Bill 1253. It shall only become operative if (1) both
34bills are enacted and become effective on or before January 1,
352015, (2) each bill amends Section 9082.7 of the Elections Code,
36and (3) this bill is enacted after Senate Bill 1253, in which case
37Section 1 of this bill shall not become operative.
The Legislature finds and declares that this act permits
40or requires the inclusion of additional information in the ballot
P10 1pamphlet in accordance with Section 88007 of the Government
2Code.
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