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    7.    
LEGISLATION COMMITTEE
Meeting Date: 05/10/2021  
Subject:    SB 90 (Stern) and AB 1416 (Santiago): Ballot Disclose Act
Submitted For: LEGISLATION COMMITTEE
Department: County Administrator  
Referral No.: 2021-17  
Referral Name: SB 90 (Stern)
Presenter: L. DeLaney Contact: L. DeLaney, 925-655-2057

Information
Referral History:
SB 90 and AB 1416, companion bills, were referred to the Legislation Committee by Supervisor Mitchoff.
Referral Update:
SB 90: The text of the bill can be found here.
Author: Henry I. Stern (D-027)
Coauthor Umberg (D), Dodd (D), Santiago (D)
Title: Elections: Ballot Label
Fiscal Committee: yes
Urgency Clause: no
Introduced: 12/16/2020
Last Amend: 04/19/2021
Disposition: Pending
Location: Senate Elections and Constitutional Amendments Committee
Summary: Requires the ballot label for statewide measures to include a listing of the signers of ballot arguments printed in the state voter information guide that support and oppose the measure or the signers of the rebuttal arguments to the arguments that support and oppose the measure. Requires the signers of the ballot arguments to submit the lists of supporters and opponents to the Secretary of State and requires the Secretary of State to provide those lists to county elections officials as part of the label.

AB 1416 is a parallel, companion bill in the Assembly.

The press release for SB 90 is as follows:

After a Lengthy & Costly November 2020 Ballot, Stern’s SB 90 Aims to Put More Information at the Fingertips of Voters

For Immediate Release: December 17th, 2020

Contact: Faith Colburn at faith.colburn@sen.ca.gov


SACRAMENTO – Following the most expensive ballot proposition cycle in California history, Senator Henry Stern (D-Los Angles) has introduced SB 90 to help voters know who the main supporters and opponents of initiative measures are at the exact moment they’re filling out their ballot.

“The initiatives we vote on in California can be dense, and easily misunderstood, especially when large dollar campaigns are at play behind the scenes,” said Stern. “We want to take voters behind the scenes on their ballot and offer them a way to follow the money right at the point of voting. Knowing who supports and opposes an initiative tells you a lot about it, for better or for worse. So rather than force voters to navigate the misinformation on social media and the internet, we think this information belongs in the ballot itself.”

According to a report in the Los Angeles Times, a record $785 million was poured into efforts to support and oppose the 12 initiative measures that were on the November 2020 ballot.

A poll conducted of 661 likely California voters before the November 2020 election showed nearly four in five voters (79%) want to know who supports and opposes ballot measures, but those same voters aren't confident they know this information or can find it easily. These results hold across the political spectrum, with 84% of Democrats, 80% of Republicans, and 70% of Independents saying knowing who a measure’s supporters and opponents are is “very important” or “somewhat important” to know.

The same poll found 75% of likely voters favor ”adding to the ballot a short list of the supporters and opponents of each ballot proposition” – precisely what SB 90 proposes to do.

Under SB 90, the ballot given to each voter will list the main supporters and opponents to each statewide ballot measure, though the list of each cannot exceed 15 words.

SB 90 is similar to SB 636 (Stern) of 2019. That bill, which was supported by the California Clean Money Campaign, the California League of Conservation Voters, Consumer Watchdog, and Courage California among others, passed the Senate on a bi-partisan 31-5 vote but was held in the Assembly.

“One of the most important pieces of information for voters about ballot measures is which organizations support or oppose them, because voters know that organizations they trust have had the opportunity to study their ramifications in ways the voters themselves usually haven't,” said Trent Lange, President of the California Clean Money Campaign, sponsor of SB 90. “That's why we're so thrilled Senator Stern is introducing the Ballot DISCLOSE Act to provide that crucial information to voters when and where it matters most — on the ballot itself.”

The bill will be assigned to the Senate Elections & Constitutional Amendments Committee and will be heard sometime in February or March.

Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position on SB 90 (Stern) and AB 1416 (Santiago) and directing staff on its placement on a Board agenda.
Attachments
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