BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 844|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 844
Author: Pavley (D), et al.
Amended: 5/27/14
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 3/18/14
AYES: Torres, Anderson, Hancock, Padilla, Yee
SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/23/14
AYES: De Le�n, Walters, Hill, Lara, Padilla, Steinberg
NOES: Gaines
SUBJECT : Ballot measure contributions
SOURCE : Author
DIGEST : This bill requires the Secretary of State (SOS) 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 will 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. Requires the statewide ballot
pamphlet to include a printed statement that refers voters to
the SOS'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.
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ANALYSIS :
Existing law:
1. Provides, pursuant to the Political Reform Act (PRA), for
the comprehensive regulation of campaign financing, including
requiring the reporting of campaign contributions and
expenditures, as defined, and imposing other reporting and
recordkeeping requirements on campaign committees, as
defined.
2. Requires each campaign committee formed or existing
primarily to support or oppose a statewide ballot measure to
file with the SOS periodic reports identifying the sources
and amounts of contributions received during specified
periods.
3. Specifies what information must be included in the statewide
ballot pamphlet, including, but not limited to:
A complete copy of each measure.
A copy of the arguments and rebuttals for and against
each state measure.
A copy of the analysis of each state measure by the
Legislative Analyst.
Tables of contents, indexes, art work, graphics, and
other materials that the SOS determines will make the
ballot pamphlet easier to understand or more useful for
the average voter.
This bill:
1.Requires the SOS to make available the complete state ballot
pamphlet over the Internet.
2.Requires the SOS 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 information shall include all of the
following:
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A. A summary of the ballot measure's content.
B. A list of each committee primarily formed to support or
oppose the ballot measure, 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.
C. For committees primarily formed to support or oppose a
state ballot measure that raise $1 million or more for an
election, the list of the committee's top 10 contributors
provided to the Fair Political Practices Commission (FPPC).
The FPPC shall provide top 10 contributor lists, and any
subsequent updates to the lists, to the SOS.
D. Any other Internet Web site hyperlinks to other relevant
information.
3.Requires a ballot pamphlet to contain a printed statement, if
the ballot contains an election for a state measure, that
refers voters to the SOS'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.
4.Requires a printed statement on a ballot pamphlet to appear
immediately below the analysis prepared by the Legislative
Analyst, that refers voters to the SOS's 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.
Background
Contributor lists in the ballot pamphlet . Numerous prior bills
have attempted to add campaign contribution information to the
state ballot pamphlet. Most recently, SB 334 (DeSaulnier,
2011), which was vetoed by Governor Brown, would have required
the state ballot pamphlet to contain a list of the five highest
contributors of $50,000 or more to each primarily formed
committee supporting or opposing each state measure appearing on
the ballot.
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It should be noted however that this bill does not require the
ballot pamphlet itself to contain the contributor information.
Rather, it requires the statewide ballot pamphlet to include a
printed statement that refers voters to the SOS's Internet Web
site for the required lists of contributors.
Primarily formed committee . The PRA defines a "primarily formed
committee" as a recipient committee which is formed or exists
primarily to support or oppose any of the following:
A single candidate.
A single measure.
A group of specific candidates being voted upon in the same
city, county, or multicounty election.
Two or more measures being voted upon in the same city,
county, multicounty, or state election.
Sponsored committee . The PRA defines "sponsored committee" as a
committee, other than a candidate controlled committee, which
has one or more sponsors. Any person (organizations,
associations, business entities, etc.), except a candidate or
other individual, may sponsor a committee. A person sponsors a
committee if any of the following apply:
The committee receives 80% or more of its contributions from
the person or its members, officers, employees, or
shareholders.
The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or
employees.
The person, alone or in combination with other organizations,
provides all or nearly all of the administrative services for
the committee.
The person, alone or in combination with other organizations,
sets the policies for soliciting contributions or making
expenditures of committee funds.
Related legislation . This bill is similar to provisions
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contained in SB 27 (Correa, Chapter 16, Statutes of 2104) which
requires all primarily formed committees that raise $1 million
or more to maintain an accurate list of their top 10
contributors and requires those lists to be disclosed on the
FPPC's Web site. SB 27 also requires committees to use
reasonable efforts to identify the individuals or corporations
that are the true source of contributions made to the committee
when listing the top contributors.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, one-time costs
of $45,000 and $40,000 annual ongoing to the SOS (General Fund).
SUPPORT : (Verified 5/27/14)
California Clean Money Campaign
California Common Cause
California Forward Action Fund
California Voter Foundation
League of Woman Voters of California
MapLight
SEIU California
ARGUMENTS IN SUPPORT : According to the author's office, under
current law, the state collects and makes public all
contributors to the various committees for and against
propositions. However, the SOS does not currently aggregate
this information into a single, user-friendly list. In
addition, contributions from individual donors are spread out
over multiple campaign committees, obfuscating the real total
that these individuals and groups have contributed for or
against a single issue. Thus, voters are prevented from finding
out who are the top contributors for and against a ballot
initiative.
This bill provides voters with the identities of large financial
contributors who pump millions of dollars into campaigns to pass
or defeat state ballot initiatives.
This bill will direct the SOS to aggregate the existing data in
its comprehensive database to identify the top 10 contributor
for and against each ballot initiative. This information will
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be presented in a way which is easily accessible to all voters.
In addition, this bill will require the SOS to list a web
address on the ballot measure to provide the voters with an
opportunity to find out who is funding these ballot measures.
Ultimately, this bill will arm voters with reliable information
prior to making their voting decisions, and shed some light on
the largest financial contributors in the initiative process.
RM:k 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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