Bill Text: CA SB27 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-05-14 - Chaptered by Secretary of State. Chapter 16, Statutes of 2014. [SB27 Detail]

Download: California-2013-SB27-Amended.html
BILL NUMBER: SB 27	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Correa

                        DECEMBER 3, 2012

   An act to amend Section  9084 of the Elections Code, and to
amend Sections  82015  and 88001  of, and to add
Sections 84222 and 84223 to, the Government Code, relating to the
Political Reform Act of 1974.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 27, as amended, Correa. Political Reform Act of 1974.
   Existing law, the Political Reform Act of 1974, provides 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. The Fair Political Practices
Commission administers and enforces the act. A violation of the act's
provisions is punishable as a misdemeanor.
   This bill would revise the definition of a "contribution" to
include payments made by a donor who, at the time of making the
payment, knows or has reason to know that the payment, or funds with
which the payment will be commingled,  will  
may  be used to make contributions or expenditures. The bill
 establishes presumptions as to whether   would
establish a presumption that  a donor  to a nonprofit or
other multipurpose organization, as defined,  has reason to know
that a payment  will   may  be used to
make contributions or expenditures  based on the number of
years the recipient has existed and the amount of the recipient's
first contribution or expenditure, as specified   if
specified criteria are satisfied, including, among other things, that
the organization has made contributions or expenditures of $1,000 or
more in the aggregate during the calendar year   in which
the payment occurs or during any of the immediately preceding 4
calendar years  .
   This bill would impose reporting requirements on  a
  specified nonprofit or other  multipurpose
 organization, as defined, that receives donations and uses
those donations to make contributions or expenditures of $1,000 or
more in a calendar year in this state. The bill would also authorize
the Commission to perform discretionary audits of these reports, as
specified   organizations, including the requirement
that the organizations disclose the portion of their activities
devoted to California elections and specified information regarding
the sources of an organization's funds used to make those
contributions and expenditures, such as donors and dues-  
paying members  .
   This bill would require ballot measure committees and candidate
committees that raise $1,000,000 or more for an election to maintain
an accurate list of the committee's top 10 contributors  ,
which are to be posted on the Commission's Internet Web site as well
as the committee's Internet Web site, if any  .  This
bill would require a committee to provide accurate lists of 
 these contributors to the Commission, and would require the
Commission to post the top 10 contributor lists on its Internet Web
site and to post updates to those lists when prescribed events occur.
The bill would require the Commission to provide copies of the top
10 contributor lists to the Secretary of State, at the Secretary of
State's request, for purposes of posting those lists on the Secretary
of State's Internet Web site.  
   Existing law requires the Secretary of State to prepare a ballot
pamphlet that includes specified information with respect to an
election.  
   This bill would require the Secretary of State to include in the
ballot pamphlet a written explanation of the top 10 contributor lists
required by the bill, including a description of the Internet Web
sites where those lists would be available to the public. 
   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 no reimbursement is required by this
act for a specified reason.
   The Political Reform Act of 1974, an initiative measure, 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.
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Nonprofit and other multipurpose organizations  within and
outside the state  are increasing their political activities
and some are seeking to make contributions and expenditures in
California elections without revealing their financial backers. 
Wealthy individuals and other deep-pocketed interests should not be
able to spend anonymously in California elections by contributing to
these groups. Nonprofit organizations and other advocacy  
groups should not be used as intermediaries to conceal the identities
of donors who are required to be disclosed to the public pursuant to
the Political Reform Act of 1974.  
   (b) Certain donors attempt to obscure their identities from the
public by making donations to one organization or entity which then
makes donations to a separate organization or campaign committee, or
by routing funds through a succession of committees. Committees
themselves are in the best position to know who their financial
backers are and to provide this information to the public in an
accurate, timely, and transparent manner.  
   (c) Under the 
    (b)     The  Political Reform Act of
1974  ,   should be strengthened to require
 nonprofit and other multipurpose organizations that make
contributions or expenditures to support or oppose California
candidates or ballot measures  are subject to the same rules
as those entities that raise funds specifically for California
elections - they must   to  disclose the sources of
funds used for their political  contributions and 
expenditures  , just as committees that raise funds specifically
for California elections must. This disclosure should be limited to
the extent of the group's political activity in California. The Ninth
Circuit Court of Appeals, in California Pro-Life Council, Inc. v.
Randolph (9th Cir. 2007) 507 F.3d 1172, upheld the disclosure of a
nonprofit or other multipurpose organization's political activities,
as required by regulations of the Fair Political Practices Commission
 . 
   (c) The disclosure of donors to nonprofit or other multipurpose
organizations that make contributions or expenditures to support or
oppose California candidates and ballot measures serves the following
important purposes:  
   (1) It provides the electorate with information as to where
campaign money comes from, increasing its ability to identify the
supporters of a candidate or ballot measure.  
   (2) It deters actual corruption and avoids the appearance of
corruption by exposing large contributions and expenditures to the
light of publicity.  
   (3) It is an important means of gathering the information
necessary to detect violations of the Political Reform Act of 1974.
 
   (4) It prevents people and organizations from being able to mask
their identities by pretending to make contributions for, or to be
formed for, a nonpolitical purpose.  
   (d) The people of California have a compelling interest in
receiving clear and easy to use information about who is financing
ballot measures and candidate independent expenditure committees.
Committees themselves are in the best position to provide the public
with information about their top 10 financial backers in an accurate,
timely, and transparent manner.  
   (d) 
    (e)  It is therefore the intent of the Legislature to
strengthen the laws requiring the disclosure of contributions and
expenditures in California elections by nonprofit and other
multipurpose organizations and to require  Internet posting
of a list of the top ten contributors to a committee primarily formed
to support or oppose, and raising or spending one million dollars
($1,000,000) or more to support or oppose, ballot measures or
candidates   committees that raise or spend one million
dollars ($1,000,000) or more to support or oppose ballot measures or
make independent expenditures on behalf of a candidate to disclose a
list of their top 10 contributors on the Internet Web site of the
Fair Political Practices Commission  .
   SEC. 2.    Section 9084 of the   Elections
Code   is amended to read: 
   9084.  The ballot pamphlet shall contain all of the following:
   (a) A complete copy of each state measure.
   (b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
   (c) A copy of the arguments and rebuttals for and against each
state measure.
   (d) A copy of the analysis of each state measure.
   (e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
   (f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
   (g) A written explanation of the judicial retention procedure as
required by Section 9083.
   (h) The Voter Bill of Rights pursuant to Section 2300.
   (i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
   (j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
   (k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States. 
   (l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.  
   (m) A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description of
the Internet Web sites where those lists are available to the public.

   SEC. 2.   SEC. 3.   Section 82015 of the
Government Code is amended to read:
   82015.  (a) "Contribution" means a payment, a forgiveness of a
loan, a payment of a loan by a third party, or an enforceable promise
to make a payment except to the extent that full and adequate
consideration is received, unless it is clear from the surrounding
circumstances that it is not made for political purposes.
   (b) (1) A payment made at the behest of a committee as defined in
subdivision (a) of Section 82013 is a contribution to the committee
unless full and adequate consideration is received from the committee
for making the payment.
   (2) A payment made at the behest of a candidate is a contribution
to the candidate unless the criteria in either subparagraph (A) or
(B) are satisfied:
   (A) Full and adequate consideration is received from the
candidate.
   (B) It is clear from the surrounding circumstances that the
payment was made for purposes unrelated to his or her candidacy for
elective office. The following types of payments are presumed to be
for purposes unrelated to a candidate's candidacy for elective
office: 
   (I) 
    (i)  A payment made principally for personal purposes,
in which case it may be considered a gift under the provisions of
Section 82028. Payments that are otherwise subject to the limits of
Section 86203 are presumed to be principally for personal purposes.
   (ii) A payment made by a state, local, or federal governmental
agency or by a nonprofit organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code.
   (iii) A payment not covered by clause  (I)  
(i)  , made principally for legislative, governmental, or
charitable purposes, in which case it is neither a gift nor a
contribution. However, payments of this type that are made at the
behest of a candidate who is an elected officer shall be reported
within 30 days following the date on which the payment or payments
equal or exceed five thousand dollars ($5,000) in the aggregate from
the same source in the same calendar year in which they are made. The
report shall be filed by the elected officer with the elected
officer's agency and shall be a public record subject to inspection
and copying pursuant to subdivision (a) of Section 81008. The report
shall contain the following information: name of payor, address of
payor, amount of the payment, date or dates the payment or payments
were made, the name and address of the payee, a brief description of
the goods or services provided or purchased, if any, and a
description of the specific purpose or event for which the payment or
payments were made. Once the five-thousand-dollar ($5,000) aggregate
threshold from a single source has been reached for a calendar year,
all payments for the calendar year made by that source must be
disclosed within 30 days after the date the threshold was reached or
the payment was made, whichever occurs later. Within 30 days after
receipt of the report, state agencies shall forward a copy of these
reports to the Fair Political Practices Commission, and local
agencies shall forward a copy of these reports to the officer with
whom elected officers of that agency file their campaign statements.
   (C) For purposes of subparagraph (B), a payment is made for
purposes related to a candidate's candidacy for elective office if
all or a portion of the payment is used for election-related
activities. For purposes of this subparagraph, "election-related
activities" shall include, but are not limited to, the following:

   (I) 
    (i)  Communications that contain express advocacy of the
nomination or election of the candidate or the defeat of his or her
opponent.
   (ii) Communications that contain reference to the candidate's
candidacy for elective office, the candidate's election campaign, or
the candidate's or his or her opponent's qualifications for elective
office.
   (iii) Solicitation of contributions to the candidate or to third
persons for use in support of the candidate or in opposition to his
or her opponent.
   (iv) Arranging, coordinating, developing, writing, distributing,
preparing, or planning of any communication or activity described in
clause  (I)   (i)  , (ii), or (iii).
   (v) Recruiting or coordinating campaign activities of campaign
volunteers on behalf of the candidate.
   (vi) Preparing campaign budgets.
   (vii) Preparing campaign finance disclosure statements.
   (viii) Communications directed to voters or potential voters as
part of activities encouraging or assisting persons to vote if the
communication contains express advocacy of the nomination or election
of the candidate or the defeat of his or her opponent.
   (D) A contribution made at the behest of a candidate for a
different candidate or to a committee not controlled by the behesting
candidate is not a contribution to the behesting candidate.
   (3) A payment made at the behest of a member of the Public
Utilities Commission, made principally for legislative, governmental,
or charitable purposes, is not a contribution. However, payments of
this type shall be reported within 30 days following the date on
which the payment or payments equal or exceed five thousand dollars
($5,000) in the aggregate from the same source in the same calendar
year in which they are made. The report shall be filed by the member
with the Public Utilities Commission and shall be a public record
subject to inspection and copying pursuant to subdivision (a) of
Section 81008. The report shall contain the following information:
name of payor, address of payor, amount of the payment, date or dates
the payment or payments were made, the name and address of the
payee, a brief description of the goods or services provided or
purchased, if any, and a description of the specific purpose or event
for which the payment or payments were made. Once the
five-thousand-dollar ($5,000) aggregate threshold from a single
source has been reached for a calendar year, all payments for the
calendar year made by that source must be disclosed within 30 days
after the date the threshold was reached or the payment was made,
whichever occurs later. Within 30 days after receipt of the report,
the Public Utilities Commission shall forward a copy of these reports
to the Fair Political Practices Commission.
   (c) "Contribution" includes the purchase of tickets for events
such as dinners, luncheons, rallies, and similar fundraising events;
the candidate's own money or property used on behalf of his or her
candidacy other than personal funds of the candidate used to pay
either a filing fee for a declaration of candidacy or a candidate
statement prepared pursuant to Section 13307 of the Elections Code;
the granting of discounts or rebates not extended to the public
generally or the granting of discounts or rebates by television and
radio stations and newspapers not extended on an equal basis to all
candidates for the same office; the payment of compensation by any
person for the personal services or expenses of any other person if
the services are rendered or expenses incurred on behalf of a
candidate or committee without payment of full and adequate
consideration.
   (d) "Contribution" further includes any transfer of anything of
value received by a committee from another committee, unless full and
adequate consideration is received.
   (e) "Contribution" does not include amounts received pursuant to
an enforceable promise to the extent those amounts have been
previously reported as a contribution. However, the fact that those
amounts have been received shall be indicated in the appropriate
campaign statement.
   (f) "Contribution" does not include a payment made by an occupant
of a home or office for costs related to any meeting or fundraising
event held in the occupant's home or office if the costs for the
meeting or fundraising event are five hundred dollars ($500) or less.

   (g) Notwithstanding the foregoing definition of "contribution,"
the term does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if the
payments are made voluntarily without any understanding or agreement
that they shall be, directly or indirectly, repaid to him or her.
   (h) "Contribution" further includes the payment of public moneys
by a state or local governmental agency for a communication to the
public that satisfies both of the following:
   (1) The communication expressly advocates the election or defeat
of a clearly identified candidate or the qualification, passage, or
defeat of a clearly identified measure, or, taken as a whole and in
context, unambiguously urges a particular result in an election.
   (2) The communication is made at the behest of the affected
candidate or committee. 
   (I) 
    (i)  (1) "Contribution" further includes a payment made
to a person  , including, but not limited to, a nonprofit or
other multipurpose organization as defined in Section 84222 
 ,  if, at the time of making the payment, the donor knows
or has reason to know that the payment, or funds with which the
payment will be commingled,  will   may  be
used to make a contribution or expenditure  . If the donor
knows or has reason to know that only part of the payment will be
used to make a contribution or expenditure, the payment shall be
apportioned on a reasonable basis in order to determine the amount of
the contribution   to support or oppose a California
state or local candidate or ballot measure. Contributions that
satisfy the criteria of this subdivision shall be reported in the
manner prescribed by Section 84222  .
   (2) For purposes of paragraph (1),  if the person
receiving the payment has been in existence for two years or more
prior to making a contribution or expenditure in this state and the
person's first contribution or expenditure in this state is less than
five hundred thousand dollars ($500,000),  there shall be a
presumption that  the donor does not have   a
donor to a nonprofit or other multipurpose organization has 
reason to know that all or part of the payment  will
  may  be used to make a contribution or 
expenditure, unless the person has made contributions or expenditures
of one thousand dollars ($1,000) or more in the aggregate during the
calendar year in which the payment occurs, or in any of the
immediately preceding four calendar years.  
   (3) For purposes of paragraph (1), if the person receiving the
payment has been in existence for less than two years prior to making
a contribution or expenditure in this state or the person's first
contribution or expenditure in this state is five hundred thousand
dollars ($500,000) or more, there shall be a presumption that the
donor has reason to know that all or part of the payment will be used
to make a contribution or expenditure. 
    (4)     A donor who
makes a contribution described in paragraph (1) shall be identified
and reported by the person receiving the contribution in accordance
with regulations adopted by the Commission.  
expenditure if any of the following criteria are satisfied: 

   (A) The nonprofit or other multipurpose organization has made
contributions or expenditures of one thousand dollars ($1,000) or
more in the aggregate during the calendar year in which the payment
occurs or during any of the immediately preceding four calendar
years.  
   (B) The nonprofit or other multipurpose organization has made
payments totaling five hundred thousand dollars ($500,000) or more
for contributions or expenditures in this state during the calendar
year in which the payment occurs.  
   (C) The nonprofit or other multipurpose organization has disclosed
contributions or expenditures to support or oppose candidates or
ballot measures, or for issue advocacy activities, in this state on
any publicly available annual or periodic report of its activities,
including Internal Revenue Service Form 990, filed with a federal,
state, or local government agency during the calendar year in which
the payment occurs or during any of the immediately preceding four
calendar years.  
   (D) The nonprofit or other multipurpose organization has a
sponsored committee registered with the Secretary of State. 
   SEC. 3.   SEC. 4.   Section 84222 is
added to the Government Code, to read:
   84222.  (a) For purposes of this section  , "multipurpose
  and Section 82015, "nonprofit  or other
multipurpose  organization" means a nonprofit organization
 , a federal or out-of-state political action committee, or a
local club focusing on educational or social activities 
   formed   and operated under Section 501(c)
(3), 501(c)(4), 501(c)(5), or 501(c)(6) of the Internal Revenue Code,
a federal or out-of-state political organization, or an
unincorporated association  . 
   (b) A multipurpose organization that receives donations and uses
those donations to make contributions or expenditures of one thousand
dollars ($1,000) or more in a calendar year in this state shall
disclose the donors that are the sources of the donations used to
make contributions or expenditures, in accordance with regulations
adopted by the Commission.  
   (c) A multipurpose organization that makes contributions or
expenditures in this state is subject to discretionary audits
conducted by the Commission. An audit conducted pursuant to this
subdivision shall be limited to examining the multipurpose
organization's contributions or expenditures in this state and the
donations that are the sources of the funds for those contributions
or expenditures. During an audit, a multipurpose organization shall
make its records of donors available for inspection by the
Commission, if requested. A multipurpose organization shall keep
copies of its fundraising solicitations and, during an audit, make
those solicitations available for inspection by the Commission, if
requested.  
   (b) A nonprofit or other multipurpose organization that qualifies
as a committee under Section 82013 shall file the campaign statements
required by this title and shall disclose the portion of its
activities devoted to California state and local elections. The
organization's campaign statements shall report its contributions and
expenditures to support or oppose state and local candidates and
ballot measures in California and shall itemize the sources of funds
used to make those contributions and expenditures, including, but not
limited to, donors and dues-paying members.  
   (c) A donor who makes a contribution described in subdivision (i)
of Section 82015 to a nonprofit or other multipurpose organization
that qualifies as a committee shall be identified and reported by the
organization that receives the contribution in accordance with
regulations adopted by the Commission. The Commission's regulations
shall provide that the nonprofit or other multipurpose organization
identify each donor who requests or knows that the donor's payment
will be used by the organization to make a contribution or an
expenditure to support or oppose a candidate or ballot measure in
California. The Commission's regulations shall further provide that
the nonprofit or other multipurpose organization identify other
donors to the organization based on a "last in, first out" accounting
method, and shall specify the formula for that determination.
However, a donor need not be reported as a contributor pursuant to
this section if the organization has evidence that clearly
establishes specific circumstances demonstrating that the donor did
not know or have reason to know that its payment would be used to
fund a contribution or expenditure.  
   (d) A nonprofit or other multipurpose organization that qualifies
as a committee and discloses its activities devoted to California
elections pursuant to this section shall, on the organization's
statement of organization filed pursuant to Section 84102, indicate
that organization's tax-exempt or other organizational status,
describe the organization's mission or most significant activities,
and describe the organization's political activities.  
   (e) A nonprofit or other multipurpose organization that qualifies
as a committee and files campaign statements required by this title
to disclose its activities devoted to California elections shall
state the total dollar amount of, and the percentage of its total
expenditures devoted to, contributions and expenditures supporting or
opposing California candidates or ballot measures on its semi-annual
statement due on January 31 for the period commencing July 1 and
ending December 31, and on its Internet Web site, if any.  
   (f) A person shall not use a nonprofit or other multipurpose
organization as an intermediary or agent for the purpose of making a
contribution on behalf of that person without providing to the
organization all of the information required to be disclosed by
Section 84302. A nonprofit or other multipurpose organization shall
disclose the identity of a person for whom the organization is acting
as an intermediary or agent to the recipient of the contribution, as
well as all other information required by Section 84302. The
nonprofit or other multipurpose organization shall not knowingly
conceal the name of a donor for whom the organization makes a
contribution as an intermediary or agent for the purpose of
withholding information required to be made public under this title.

   SEC. 4.   SEC. 5.   Section 84223 is
added to the Government Code, to read:
   84223.  (a) A committee primarily formed to support or oppose a
ballot measure or candidate that raises one million dollars
($1,000,000) or more for an election shall maintain an accurate
 and publicly available  list of the committee's top
 ten   10  contributors, as specified by
Commission regulations.  The   A current 
list of  the  top  ten   10 
contributors shall be  posted on   provided to
the Commission for disclosure on  the Commission's Internet Web
site  and posted prominently on the committee's Internet Web
site, if any   , as provided in subdivision (c)  .

   (b) (1) Except as provided in paragraph (4), the list of top 10
contributors shall identify the names of the 10 persons who have made
the largest cumulative contributions to the committee, the total
amount of each person's contributions, the city and state of the
person, the person's committee identification number, if any, and any
other information deemed necessary by the Commission.  
   (2) (A) A committee primarily formed to support or oppose a ballot
measure shall count the cumulative amount of contributions received
by the committee from a person
    for the period beginning 12 months prior to the date the
committee made its first expenditure to qualify, support, or oppose
the measure and ending with the current date.  
   (B) A committee primarily formed to support or oppose a candidate
shall count the cumulative amount of contributions received by the
committee from a person for the primary and general elections
combined.  
   (3) The aggregation rules of Section 85311 and any implementing
regulations adopted by the Commission shall apply in identifying the
persons who have made the top 10 cumulative contributions to a
committee.  
   (4) A person who makes contributions to a committee in a
cumulative amount of less than ten thousand dollars ($10,000) shall
not be identified or disclosed as a top 10 contributor to a committee
pursuant to this section.  
   (c) (1) The Commission shall adopt regulations to govern the
manner in which the Commission shall display top 10 contributor lists
provided by a committee that is subject to this section, and the
Commission shall post the top 10 contributor lists on its Internet
Web site in the manner prescribed by those regulations. The
Commission shall provide the top 10 contributor lists to the
Secretary of State, upon the request of the Secretary of State, for
the purpose of additionally posting the contributor lists on the
Secretary of State's Internet Web site.  
   (2) A committee shall provide an updated top 10 contributor list
to the Commission when any of the following occurs:  
   (A) A new person qualifies as a top 10 contributor to the
committee.  
   (B) A person who is an existing top 10 contributor makes
additional contributions to the committee.  
   (C) A change occurs that alters the relative ranking order of the
top 10 contributors.  
   (3) The 10 persons who have made the largest cumulative
contributions to a committee shall be listed in order from largest
contribution amount to smallest amount. If two or more contributors
of identical amounts meet the threshold for inclusion in the list of
top 10 contributors, the order of disclosure shall be made beginning
with the most recent contributor of that amount.  
   (4) The Commission shall post or update a top 10 contributor list
within five business days or, during the 16 days before the election,
within 48 hours of a contributor qualifying for the list or of any
change to the list.  
   (b) 
    (d)  In listing the top  ten   10
 contributors,  the   a  committee
shall use reasonable efforts to identify  and state  the
actual individuals or corporations that are the true sources of the
contributions made to the committee from other persons or committees.

   (e) In addition to any other lists that the Commission is required
to post on its Internet Web site, the Commission shall compile,
maintain, and display on its Internet Web site a current list of the
top 10 contributors supporting and opposing each state ballot
measure, as prescribed by Commission regulations. 
   SEC. 6.    Section 88001 of the   Government
Code   is amended to read: 
   88001.  The ballot pamphlet shall contain all of the following:
   (a) A complete copy of each state measure.
   (b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
   (c) A copy of the arguments and rebuttals for and against each
state measure.
   (d) A copy of the analysis of each state measure.
   (e) Tables of contents, indexes, art work, graphics and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
   (f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
   (g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
   (h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
   (i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
   (j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
   (k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
   (l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code. 
   (m) A written explanation of the top 10 contributor lists required
by Section 84223, including a description of the Internet Web sites
where those lists are available to the public. 
   SEC. 5.   SEC. 7.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because 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 XIII
B of the California Constitution.
   SEC. 6.   SEC. 8.   The Legislature
finds and declares that this bill furthers 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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