BILL ANALYSIS �
SB 1272
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Date of Hearing: June 18, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1272 (Lieu) - As Amended: May 27, 2014
Policy Committee: ElectionsVote:5-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill calls a special election, to be consolidated with the
statewide general election on November 4, 2014, to submit an
advisory question to the voters asking whether the Congress
should overturn the U.S. Supreme Court's Citizen United decision
and other applicable judicial precedents.
FISCAL EFFECT
One-time General Fund printing cost of at least $275,000, based
on $55,000 per page, to include in the statewide ballot pamphlet
the text of the measure, title and summary, Legislative
Analyst's Office analysis, and arguments in support and
opposition.
COMMENTS
1)Background . In January 2010, the U.S. Supreme Court issued its
ruling in Citizens United v. Federal Election Commission
(2010) 558 U.S. 310, a case involving a nonprofit corporation
(Citizens United) that sought to run television commercials
promoting a film it produced that was critical of then-Senator
and presidential candidate Hillary Clinton. Because federal
law prohibited corporations and unions from using their
general treasury funds to make expenditures for
"electioneering communications" or for communications that
expressly advocated the election or defeat of a candidate,
Citizens United was concerned that the television commercials
promoting its film could subject the corporation to criminal
and civil penalties. In its decision, the Supreme Court
struck down the 63-year old law that prohibited corporations
and unions from using their general treasury funds to make
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independent expenditures in federal elections, finding that
the law unconstitutionally abridged the freedom of speech.
2)Purpose . According to the author, "? in the case of Citizens
United v. FEC (2010), corporations have been granted the same
rights as people and free speech is now being equated with
money, especially as it pertains to political and campaign
donations. And in February 2010, the Washington Post-ABC News
poll found that 80% of Americans oppose the U.S. Supreme Court
Citizens United ruling. The most recent Supreme Court ruling
is McCutcheon v. FEC, which was handed down April 2, 2014 and
decided that it is permissible for individuals to make
limitless contributions to federal campaign and federal
candidate committees.
The author contends SB 1272 would advance the efforts to
reverse Citizens United and other applicable judicial
precedents, including McCutcheon v. Federal Election
Commission.
3)Past Advisory Elections . While existing state law explicitly
authorizes cities, counties, school districts, community
college districts, county boards of education, and special
districts to hold advisory elections, there is no explicit
authorization, nor is there a statutory prohibition, for a
statewide advisory election. While statewide advisory
elections are uncommon, in at least two other instances in
California's history, the Legislature has placed one or more
statewide advisory measures on the ballot. In November 1892,
voters approved an advisory measure asking whether United
States Senators should be directly elected by a vote of the
people. At a statewide special election in June 1933, voters
rejected Propositions 9 and 10, which asked the voters whether
the Legislature should divert gasoline tax revenues to the
General Fund to pay off highway bonds.
4)Calling an Election . Because this bill calls an election
within the meaning of Article IV of the Constitution, it would
go into immediate effect if signed by the Governor. The
statutory deadline for including legislative ballot measures
on the November ballot is June 26, 2014.
5)Related Legislation . AJR 1 (Gatto), pending in the Senate,
encourages the United States Congress to call a constitutional
convention for the sole purpose of proposing an amendment to
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the United States Constitution that would limit corporate
personhood for purposes of campaign finance and political
speech and further declares that money does not constitute
speech and may be legislatively limited. AJR 1 is pending in
Senate Judiciary Committee.
SB 1402 (De Le�n), pending in Assembly Rules, places an
advisory question on the November ballot asking voters whether
Congress should reform the nation's immigration laws.
HR 37 (Wieckowski), pending in the Assembly, states the
Assembly's disagreement with the McCutcheon decision.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081