SR-104-000-06
F :Ctyclerk/E lectio n s/ElecOrd/ ord i n an ce-am e nd/ doc
City Council Meeting: April 24, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Status Report on Initiative Reform and Recommendation
to Direct Staff to Prepare Ordinance and/or to Implement an
Election/Initiative Process Education Program
Introduction
This report is in response to Council direction to staff at the March 27, 2001, Council
meeting to provide a status report on state-wide initiative reform, on the activities of
various local and state organizations involved in initiative reform; and directing staff to
return with recommendations.
Backqround
Staff was directed to: track the activities of the Speaker's Commission on the California
Initiative Process, a committee established by the State to look at the state-wide
initiative process; to examine issues related with disclosure of whether a signature
gatherer for petitions to circulate initiatives is being paid or is a volunteer; at requiring
financial disclosure of contributors to initiative drives; of assigning different values to
signatures gathered by volunteers than to signatures gathered by paid workers; and, to
the possibility of implementing residency requirements for signature gatherers. Staff
was also directed to contact other organizations involved in initiative reform and return
to Council with recommendations.
Below is a summary of the activities undertaken by staff, status reports from various
organizations on their activities related to initiative reform, and a discussion and
recommendation to Council on possible actions to take to address some of these
concerns.
The Oaks Project
Staff contacted The Oaks Project ("Oaks"), an organization that describes itself as
being "dedicated to recruiting regular people from all walks of life and levels of
experience, and training them in the strategies, tactics, arts, and means of building
citizen power." The Oaks believes that: "1 . There must be full disclosure within the
initiative process, from whether a signature gatherer is paid or not, to who is sponsoring
the ad campaigns for or against; and 2. That the initiative process should be returned
to its intended users - volunteers."
To this end, the Oaks has sponsored AB 1236 (Jackson-D, Santa Barbara) which is
intended to achieve their goal. The Oaks expresses hope that cities will implement
similarly worded ordinances prior to the bill being adopted. A copy of the text of the bill,
as provided by the Oaks, is attached as Exhibit A.
The City Attorney advises that requiring disclosure of sponsorships may be legally
problematic because the United States Supreme Court has concluded that the
Constitution protects anonymous political speech.
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Center for Governmental Studies
Staff contacted Robert Stern, President of the Center for Governmental Studies. Mr.
Stern advises that the U.S. Supreme Court unanimously ruled that a jurisdiction may
not ban paid circulators. He also states that the option of weighing signatures
gathered by volunteers differently than signatures gathered by paid workers has not
been adopted by any known jurisdiction, and thus not been tried either in practice or in
a court of law.
Mr. Stern believes it is difficult to require contributor information on petitions because
the continuous and unpredictable flow of contributions would necessitate the re-printing
of petitions during the circulation process. He indicates a preference for adding a
requirement for the filing of disclosure statements by proponents and opponents during
the initiative's circulation period.
The League of Women Voters of California
Staff contacted the League of Women Voters, who then referred staff to their website at
htto://www.ca.lwv.oro/ for the League's position on initiative reform. The League's
position is as follows:
. Initiative sponsors should be required to submit draft proposals to an official
authority for an opinion on clarity/language, constitutionality/legality, or single
subject.
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. Initiative proposals should be limited to a single subject and written in language
which is precise, clear, and understandable.
. Initiatives dealing with timely subjects should include a "sunset clause" providing
for an automatic expiration of the measure.
. Solicitation of signatures and campaign funds in the same mailing should be
allowed.
. Realistic limits should be imposed on contributions and expenditures by
individuals and groups to initiative and referendum campaigns.
. There should be provision for free time for radio and TV information programs for
initiative campaigns.
. Ballot pamphlet analyses of initiative and referendum measures should be
written for the reading level of the average citizen.
. The ballot label and ballot pamphlet should clearly indicate the effect of a "yes"
vote and a "no" vote.
. Sponsors of an initiative or referendum and organizations which form a
committee to support or oppose a measure should be required to be listed by
name in the ballot pamphlet, in mailings, and in advertisements.
. Principal contributors to an initiative or referendum campaign should be required
to be listed by name in the ballot pamphlet, in mailings, and in advertisements.
. Initiative and referendum committees should be required to use names that
reflect their true economic or special interest.
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. An initiative should not be allowed to provide for different outcomes depending
upon the percentage of votes cast in its favor.
. Initiative proposals which do not win voter approval should be allowed to appear
on subsequent ballots without restriction, if they again meet qualification
requirements.
. The definition of "single subject" pertaining to initiatives should be redefined to
ensure stricter interpretation and stricter enforcement.
California Public Interest Research Group (CALPIRG)
Elena Nunez, associate at CALPIRG, advised the following:
"We would support measures that make the initiative process more accessible to
the public. Unlike many reformers who think that the initiative process is out of control
and citizen participation needs to be reined in, we would maintain that citizen
participation is healthy and reforms should be geared toward making the process more
accessible.
"As far as measures that would require signatures to be gathered by volunteers
or disclose whether a gatherer is paid or not, it isn't clear that there is a strong public
interest position. It is true that requirements that the signatures be collected by
volunteers have been struck down by the courts, but it isn't clear that it is necessarily
the best policy. It seems unlikely that a volunteer-gatherer requirement would increase
grass roots participation in the initiative process because it would be just as difficult for
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all-volunteer groups to gather signatures as it is now, and harder for groups that have
some volunteer capacity but need to pay for some signatures. It also seems doubtful
that it would really be that much harder for monied interests to qualify ballot initiatives if
they simply had to disclose that signature gatherers were paid, although disclosing who
the principal sponsors of a petition drive are, would be helpful.
"We would support the strongest disclosure requirements possible. For
instance, listing major contributors on the petition and in the ballot pamphlet is a good
idea, but may be difficult because of the timing involved. Initiative campaigns should
be required to show where the money is coming from, and this information should be
easily accessible to the public.
"Finally, strong campaign finance laws should govern initiative campaigns. This
would include low contribution limits to campaigns, as well as restricting contributions to
include only those within the jurisdiction considering the initiatives. However, it is
unlikely that the current courts are willing to accept these reforms."
Speaker's Commission on the California Initiative Process
Robert M. Hertzberg (D-Van Nuys), California State Assembly Speaker (D-Van Nuys)
has formed the non-partisan Commission on the California Initiative Process, with the
intent to examine the State's initiative process, recommend ways to improve the system,
and make it more responsive to voters.
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The 30-member Commission is studying perceived flaws in the current initiative process,
including the cost of qualifying measures for the ballot, the proliferation of "counter
initiatives," the use of paid signature-gatherers, and the rising number of court
challenges. Other issues the Commission will be analyzing include: government's role;
legal issues; digital signatures and applicable technology; drafting of measures; and
qualification of initiative issues.
The Commission is examining options for reforming the initiative process such as the
"indirect initiative" which would allow for Legislative review of proposals during or after
the signature-gathering process. Such reviews would allow the Legislature, with the
proponent's consent, to make minor changes to a proposal to correct drafting errors
and ensure its constitutionality before placing it on the ballot. Another possible option
is to modify the current format of the voters' ballot information pamphlet with the goal to
present the information in a more useful and clearer manner to the voter, and minimize
confusion. In addition, the possibility of changing the order of the items contained in
the pamphlet will also be explored, for example move information on initiatives from the
back to the front of the pamphlet. The pros and cons of utilizing a paid initiative
signature gatherer versus a volunteer are also being reviewed, as well as stricter
oversight of the single-subject rule to lessen the potential of voter confusion.
Since October 26, 2000, the Commission has met six times and will be meeting again
on April 23 and May 31,2001. At the April meeting the Commission hopes to clarify
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and adopt its charge and scope of work, and to establish a timeline for when
recommendations may be presented to the Legislature for action.
Finally, the Speaker's Office is amenable to the City of Santa Monica making the
Commission aware of its concerns, issues, and/or recommendations on the current
statewide initiative process. The communication could take whatever form the City
deems is appropriate, i.e. written or verbal testimony. However, since the Commission
has only 2 more scheduled meetings, this should occur sooner rather than later if the
City wishes to influence the process.
Discussion
Because of the different issues addressed by the League of Women Voters and the
various organizations, staff recommends Council review and discuss the information
provided and, if appropriate, direct staff to perform additional research or to prepare an
ordinance implementing relevant reform policies.
In addition, staff recommends that Council direct staff to establish a program for
initiative process education for the public to be implemented once proponents of an
initiative have published the notice of intent to circulate a petition, which is the last step
required before actually having the authority to gather signatures.
Staff recommends that Council consider enacting legislation that would require
proponents of an initiative to make available the following information to potential
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signatories to the petition, on a document separate from the petition:
. The ballot title and summary, as prepared by the City Attorney.
. A brief description of the initiative process, including withdrawal of a signature.
. Notice to the public that they have the right to ask whether the signature gatherer
is a paid worker or a volunteer.
. Notice of their right to request a copy of the full text of the initiative from the City
Clerk's Office.
. Any other pertinent information that may be helpful to the potential
signatory/voter.
Staff also recommends that the initiative process information be disseminated to
members of the public via any other avenues available; including but not limited to:
posting on the City's website; via neighborhood groups and civic organizations; having it
available in public places including parks, libraries and public counters; and publishing.
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Staff also suggests that the Council ask the City Attorney's Office for advice about any
specific contemplated revision to the initiative process beyond what is suggested above.
The City Attorney advises that initiative procedures are established, in detail, by State
law. Therefore, attempts to modify the process may, depending upon their exact
content, violate preemption doctrine. Additionally, an attempt to assign different
values to different signatures may violate equal protection guarantees or other
principles of law. Likewise, residency requirements for signature gatherers may be
legally problematic.
Fiscallmoact
The known fiscal impact of this project will be limited to the cost of the outreach
program. If Council approves such a program, staff will return to Council with an
information report if the estimated cost can be absorbed by the Department's budget, or
with a staff report requesting funds if the cost cannot be absorbed. If Council directs
staff to prepare an ordinance there may be additional costs related to enforcement. At
the time the ordinance is presented, staff will also present the accompanying fiscal
impact.
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Recom mendation
Staff recommends that Council review the information presented, and if deemed
appropriate, direct staff to prepare an ordinance addressing initiative process reforms;
direct staff to prepare an ordinance requiring initiative proponents to make certain
election/initiative process information available to members of the public. Staff further
recommends that Council direct staff to implement a policy of initiative process
education for members of the public upon notification by initiative proponents that a
petition will be circulated within the City limits.
Prepared by: Maria Stewart, City Clerk
Attachments: Proposed AB 1236
BILL NUMBER: AB 1236 BILL TEXT
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INTRODUCED BY Assembly Member Jackson, FEBRUARY 23, 2001
An act to amend Sections 101, 9086, and 13103 of, and to add
Sections 363, 364, 365, 366, 9016, 9017, 9018, 9019, and 9086 to, the
Elections Code, and to add and repeal Article 5 (commencing with
Section 84501) of Chapter 4 of Title 9 of the Government Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1236, as introduced, Jackson. Volunteer qualified initiatives
advertisement.
Under existing law, an initiative petition must contain specified language advising
the public of its right to determine whether the person circulating the petition is a paid
signature gatherer or a volunteer.
This bill would require the petition to reflect, in specified language, whether it is
being circulated by a person paid to collect signatures or by a volunteer.
This bill would define "cumulative contributors," "major contributor," "volunteer,"
and "volunteer qualified initiative." This bill would require a volunteer qualified initiative
to be so designated in ballot pamphlets and would require that a volunteer
qualified initiative be labeled as such. This bill would also require the disclosure of
major contributors, as specified, on the face of a petition. By imposing additional
requirements for petitions, ballots, and ballot pamphlets, this bill would impose a
state-mandated local program.
The bill would authorize the superior court for the county in which any petition is
circulated to issue an order enjoining the further circulation of a petition if the court
finds that the petition does not comply with, or a committee that circulates, distributes,
or mails the petition is not complying with, this chapter, upon an application for a
temporary restraining order or a motion for a preliminary injunction filed by a person, as
specified. Existing law, the Political Reform Act of 1974, was amended by the
adoption of Proposition 208, an initiative statute approved by the voters at the
November 5, 1996, statewide general election. The amendments made by Proposition
208 to the Political Reform Act of 1974 required, among other things, certain
disclosures to be made in connection with an advertisement made in support of, or
opposition to, a candidate or ballot measure. The act was further amended by
Proposition 34, adopted by the voters at the November 7, 2000, statewide general
election, which generally repealed the provisions of Proposition 208, but did not repeal
these advertisement disclosure provisions.
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This bill would repeal those amendments made by Proposition 208, described
above, and would reenact requirements in the Political Reform Act of 1974 similar to
those amendments. This bill would authorize the superior court for the county in
which any advertisement is being printed or broadcast to issue an order enjoining the
further print or broadcast of the advertisement if the court finds that the advertisement
does not comply with, or a committee responsible for the advertisement is not
complying with, this chapter upon an application for a temporary restraining order or
a motion for a preliminary injunction filed by the commission or by a person, as
specified. Existing law makes a violation of the act subject to administrative, civil,
and criminal penalties.
This bill would impose a state-mandated local program by imposing these
criminal penalties on certain persons who violate the provisions of the bill. The bill
would impose additional civil penalties for violations of those provisions and would
additionally require candidates and committees to amend campaign statements and
advertisements in specified periods of time to reflect changed disclosure information.
The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed $1,000,000. This bill
would provide that with regard to certain mandates no reimbursement is required by this
act for a specified reason. With regard to any other mandates, this bill would provide
that, if the Commission on State Mandates determines that the bill contains costs so
mandated by the state, reimbursement for those costs shall be made pursuant to the
statutory provisions noted above. The Political Reform Act of 1974, an initiative
measure, provides that the Legislature may amend the act to further the act's purposes
with a 2/3 vote of each house and compliance with specified procedural requirements.
This bill, which would declare that it furthers the purposes of the act, would
therefore require a 2/3 vote.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101 of the Elections Code is amended to read:
101. (a) Notwithstanding any other provision of law, any state or local
initiative petition required to be signed by voters shall contain in 12-point type,
prior to that portion of the petition for voters' signatures, printed names, and
residence addresses, the following language:
(1) If the petition is circulated by an individual paid to collect signatures,
the petition shall contain the following language: "NOTICE TO THE
PUBLIC: THIS PETITION MAY BE IS BEING CIRCULATED BY A
PERSON WHO IS BEING PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK." TO COLLECT
SIGNATURES."
(2) If the petition is circulated by a volunteer, the petition shall contain the
following language: "NOTICE TO THE PUBLIC: THIS PETITION IS
BEING CIRCULATED BY A VOLUNTEER."
SEC. 2. Section 363 is added to the Elections Code, to read:
363. "Cumulative contributions" means the cumulative contributions to a
committee beginning the day the statement of organization is filed under Section
84101 of the Government Code, or 180 days prior to the date on which the ballot
measure is to be voted on, whichever occurs first, and ending within seven days
of the time the petition circulation is completed.
SEC. 3. Section 364 is added to the Elections Code, to read:
364. "'Major contributor" means a person or combination of persons who
directly or indirectly make cumulative contributions to a committee that supports
or opposes a state measure totaling fifty thousand dollars ($50,000) or more.
SEC. 4. Section 365 is added to the Elections Code, to read:
365. (a) "Volunteer" for the purpose of circulating an initiative petition
means a person who is not compensated for time invested to collect signatures
in order to qualify an initiative or referendum measure for the ballot.
(b) A member of a campaign staff whose primary duty is the gathering of
signatures is not a volunteer within the meaning of this section.
SEC. 5. Section 366 is added to the Elections Code, to read:
366. "Volunteer qualified initiative" means a state or local initiative
measure for which the signatures necessary to qualify it for the ballot were
collected by volunteers.
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SEC. 6. Section 9016 is added to the Elections Code, to read:
9016. (a) A committee, as defined in Section 309, that circulates,
distributes, or mails a petition for the purpose of collecting signatures shall
include on the face of the petition a disclosure statement identifying any person
who is a major contributor, as defined in Section 364.
(b) If there is more than one contributor, the committee is only required to
disclose on the petition the names of the major contributors who have made the
first, second, and third greatest contributions in dollar amount to the committee,
in that order. In the event that more than three donors meet this disclosure
threshold at identical contribution levels, the first, second, and third greatest
contributors shall be selected according to chronological sequence.
(c) Any candidate or his or her controlled committee, who, individually or
in combination, constitutes a major contributor shall be identified by the name of
the candidate.
(d) If a major contributor is not a committee controlled by a candidate or a
sponsored committee, the committee that circulates, distributes, or mails a
petition for the purpose of collecting signatures also shall disclose the major
contributor of that committee.
(e) In addition to the requirements of subdivision (d), the committee
making the advertisement or persons acting in concert with that committee shall
be prohibited from creating or using a committee that is not a candidate
controlled committee or a sponsored committee to avoid the disclosure of any
individual, industry, business entity, controlled committee, or sponsored
committee as a major contributor.
(f) If any major contributors share a common employer, the identity of the
employer shall also be disclosed.
(g) The information required by subdivision (a) shall be included in the
following notice and shall appear on the face of each petition in no less than
1 O-point bold type in a color or print that contrasts with the background so as to
be easily legible and shall appear below the notice required by Section 101 :
"(NAME OF CONTRIBUTORS) ARE THE MAJOR CONTRIBUTORS TO THE
CIRCULATION OF THIS PETITION."
SEC. 7. Section 9017 is added to the Elections Code, to read:
9017. A committee that is not a sponsored committee and has as its
principal activity the collection of signatures for a petition shall name and identify
itself using a name or phrase that clearly identifies the economic or other special
interest of its major contributors in any reference to the committee required by
law.
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SEC. 8. Section 9018 is added to the Elections Code, to read:
9018. When a committee files an amended campaign statement
pursuant to Section 81004.5 of the Government Code, the committee shall
change its petitions to reflect the changed disclosure information.
SEC. 9. Section 9019 is added to the Elections Code, to read:
9019. The superior court for the county in which any petition is circulated
may issue an order enjoining the further circulation of a petition if the court finds
that the petition does not comply with, or a committee that circulates, distributes,
or mails the petition is not complying with, this chapter. This order may be
issued upon an application for a temporary restraining order or a motion for a
preliminary injunction filed by a person. The motion shall be accompanied by an
affidavit or affidavits in support thereof and a memorandum of points and
authorities. This remedy is in addition to any other remedy available for
violation of this title.
SEC. 10. 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) Upon the top portion of the first page, and not exceeding one-third
one-half of the page, shall appear: (1) Identification of the measure by
number and title. (2) The official summary prepared by the Attorney General.
(3) 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. (4) The
designation in capital letters "VOLUNTEER QUALIFIED INITIATIVE," if the
measure was one for which the signatures necessary to qualify it for the ballot
were collected by volunteers, as defined in Section 366. (5) A disclosure
statement identifying a person who is a major contributor, as defined in Section
364, to the campaign committees formed specifically to support and oppose the
measure.
(A) The information required by paragraph (5) shall be included in
the following notice, printed clearly and legibly in a font size no smaller than that
used for the official summary: (i) "The top contributors to the campaign for
Proposition (number) are (name of contributors)." (ii) "The top contributors to
the campaign against Proposition (number) are (name of contributors)."
(B) If there is more than one major contributor, the committee shall
disclose in the ballot pamphlet the names of the major contributors who have
made the first, second, and third greatest contributions in dollar amount to the
committee, in that order. In the event that more than three major contributors at
identical contribution levels, the first, second, and third greatest contributors shall
be selected according to chronological sequence.
(C) A candidate or his or her controlled committee who, individually,
or in combination, constitutes a major contributor shall be identified by the name
of the candidate.
(D) If a major contributor is not a committee controlled by a
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candidate or a sponsored committee, the committee supporting or opposing the
measure also shall disclose the major contributor of that committee.
(E) If a major contributor shares a common employer, the identity
of the employer shall also be disclosed.
(F) In addition to the requirements of subdivision (d), the committee
supporting or opposing the campaign or persons acting in concert with that
committee may not create or use a committee that is not a candidate controlled
committee or a sponsored committee to avoid the disclosure of an individual,
industry, business entity, controlled committee, or sponsored committee as a
major contributor.
(G) A committee that is not a sponsored committee and has as its
principal activity the support of, or opposition to, a state measure shall name and
identify itself using a name or phrase that clearly identifies the economic or other
special interest of its major contributors in any reference to the committee
required by law, including, but not limited to, the statement of organization filed
pursuant to Section 84101 of the Government Code.
(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) 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 ends. The rebuttals shall be placed immediately below the
arguments.
(d) If no argument against the measure has been submitted, the argument
for the measure shall appear on the right page facing the analysis.
(e) 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.
(f) 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. 11. Section 13103 of the Elections Code is amended to read:
13103. Every ballot shall contain all of the following:
(a) The title of each office, arranged to conform as nearly as practicable to
the plan set forth in this chapter.
(b) The names of all qualified candidates, except that: (1) Instead of the
names of candidates for delegate to the national conventions, there shall be
printed the names of the presidential candidates to whom they are pledged or
the names of candidates for chairmen of party national convention delegations.
(2) Instead of the names of candidates for presidential electors, there shall be
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printed in pairs the names of the candidates of the respective parties for
President and Vice President of the United States. These names shall appear
under the title "President and Vice President."
(c) The titles and summaries of measures submitted to vote of the voters.
The label "VOLUNTEER QUALIFIED INITIATIVE" shall follow the summary of
all measures for which the signatures necessary to qualify for the ballot were
collected by volunteers, as defined by Section 365. The label shall appear in
capital letters and boldface type no smaller than that used for the measure title.
SEC. 12. Article 5 (commencing with Section 84501) of Chapter 4 of Title 9 of the
Government Code is repealed.
SEC. 13. Article 5 (commencing with Section 84501) is added to Chapter 4 of Title 9
of the Government Code, to read:
Article 5. Disclosures in Advertisements 84501.
(a) This chapter shall be known and may be cited as the Truth in
Advertising Act.
(b) The Legislature finds and declares all of the following: (1) The ballot
process has become largely inaccessible to the citizenry at large. (2) Current
campaign disclosure requirements do not provide voters with a meaningful
explanation of who has paid for a campaign supporting or opposing a particular
initiative or referendum. (3) Citizens cannot effectively judge the authenticity or
credibility of campaign spokespersons without knowing whether or not they are
financially compensated to present a viewpoint. (4) The state and its sovereign
people would benefit greatly from a reform of the state measure campaign
process.
84502. (a) "Advertisement" means any general or public advertisement that is
authorized and paid for by a person or committee for the purpose of
supporting or opposing a candidate for elective office or a state measure.
(b) "Advertisement" does not include a communication from an
organization to its members, a slate mailer, a campaign button smaller than 10
inches in diameter, a bumper sticker smaller than 60 square inches, or other
advertisement as determined by the commission.
84503. "Committee" means, for purposes of this article, a
committee, as defined in Section 82013, that makes expenditures in
support of or in opposition to a state measure.
84504. "Cumulative contributions" means the cumulative contributions to a committee
beginning the day the statement of organization is filed under Section
84101, or 180 days prior to the date on which the ballot measure is to be voted,
whichever occurs first, and ending within seven days of the time the
advertisement is sent to the printer or broadcast station.
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84505. "Major contributor" means a person or combination of persons who directly or
indirectly makes cumulative contributions to a committee that supports or
opposes a state measure totaling fifty thousand dollars ($50,000) or more.
84507. (a) An advertisement related to a state measure shall include a disclosure
statement identifying a person who is major contributor.
(b) If there is more than one major contributor, the committee shall
disclose in the advertisement the names of the major contributors who have
made the first, second, and third greatest contributions in dollar amount to the
committee, in that order.
(c) A candidate or his or her controlled committee who, individually, or in
combination, constitutes a major contributor shall be identified by the name of
the candidate.
(d) If a major contributor is not a committee controlled by a candidate or a
sponsored committee, the committee making the advertisement also shall
disclose the major contributor of that committee.
(e) In addition to the requirements of subdivision (d), the committee
making the advertisement or persons acting in concert with that committee shall
be prohibited from creating or using a committee that is not a candidate
controlled committee or a sponsored committee to avoid the disclosure of any
individual, industry, business entity, controlled committee, or sponsored
committee as a major contributor.
(f) If any major contributor shares a common employer, the identity of the
employer shall also be disclosed.
84508. If disclosure of more than one major contributor is required, the committee
shall disclose only the major contributor who has made the greatest
contribution to a committee in dollar amount in any advertisement appearing in a
newspaper, magazine, or other public print media that is 20 square inches or
less.
84509. Any committee that is not a sponsored committee and has as its principal
activity the support of or opposition to a candidate or a state measure
shall name and identify itself using a name or phrase that clearly identifies the
economic or other special interest of its major contributors in any reference to
the committee required by law, including, but not limited to, the statement of
organization filed pursuant to Section 84101.
84510. Any disclosure of contributors required by this chapter shall conform to the
following requirements:
(a) In a print advertisement, the statement shall be printed clearly and
legibly in a conspicuous manner in at least 12-point type at the bottom of the first
page of the advertisement. The advertisement shall include the phrase "The
top contributors to the campaign (for/against) Proposition (number) are (name of
contributors)."
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(b) In a radio broadcast, the information shall be spoken so as to be
clearly audible and understood by the intended public.
(c) In a television broadcast, the disclosure shall be presented on the
bottom 20 percent of the television screen, in a legible, slow-moving, "ticker"
style list for the entire duration of the advertisement.
84511 . When a committee files an amended campaign statement pursuant to Section
81004.5, the committee shall change its advertisements to reflect the
changed disclosure information.
84512. The superior court for the county in which any advertisement is being printed
or broadcast may issue an order enjoining the further print or broadcast of
the advertisement if the court finds that the advertisement does not comply with,
or a committee responsible for the advertisement is not complying with, this
chapter. This order may be issued upon an application for a temporary
restraining order or a motion for a preliminary injunction filed by the commission
or by a person. The motion shall be accompanied by an affidavit or affidavits in
support thereof and a memorandum of points and authorities. This remedy is in
addition to any other remedy available for violation of this title.
SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article
XIIIB of the California Constitution for certain costs that may be incurred by a local
agency or school district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code, or changes
the definition of a crime within the meaning of Section 6 of Article XIIIB of the California
Constitution. However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains other costs
mandated by the state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4
of Title 2 of the Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall
be made from the State Mandates Claims Fund.
SEC. 15. The Legislature finds and declares that the provisions of this act further the
purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of
Section 81012 of the Government Code.
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