SB 47

Bill Subjects

Abstract

The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter or who is qualified to register to vote in California to circulate an initiative or referendum petition within the state. The California Constitution enables electors to initiate a recall of state or local officers by gathering sufficient signatures within a specified time period. Existing statutory law requires that the proponents of a recall be registered voters of the electoral jurisdiction of the officer they seek to recall. Existing law requires that an initiative petition 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. Existing law prescribes other requirements regarding the form, content, and presentation of initiative and referendum petitions. This bill would require, for a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee, as specified, that an Official Top Funders disclosure be made, either on the petition or on a separate sheet, that identifies the name of the committee, any top contributors, as defined, and the month and year during which the Official Top Funders disclosure is valid, among other things. The bill would require the committee to create an Official Top Funders sheet meeting certain requirements and would authorize the committee to create a page on an internet website that includes a link to the most recent Official Top Funders sheet and a link to the full text of the measure. The bill would require the committee to submit the Official Top Funders sheet and any updates to the Secretary of State, who would be required to post that statement on the Secretary of State's internet website along with the previous versions the committee submitted. The bill would amend existing provisions to make certain misrepresentations with regard to the Official Top Funders disclosures a crime. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would require the circulator to certify under the penalty of perjury that the circulator showed each signer a valid and unfalsified Official Top Funders sheet if the petition does not include a specified disclosure statement. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize the pages of a petition to be bound together by any reasonable method, including the use of staples. By expanding the duties of local elections officials, the bill would impose a state-mandated local program. 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. 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.