Ballot Initiative Integrity Act
Summary: The Ballot Initiative Integrity Act requires that petition circulators be state voters and compensated on an hourly, not per-signature, basis.
SECTION 1. SHORT TITLE
This Act shall be called the “Ballot Initiative Integrity Act.”
SECTION 2. BALLOT INITIATIVE INTEGRITY
After section XXX, the following new section XXX shall be inserted:
(A) PROHIBITIONS
1. No person shall pay or receive payment for circulating an initiative or referendum petition where payment is based on the number of signatures collected.
2. No person shall pay or receive payment for causing others to circulate an initiative or referendum petition where payment is based on the number of signatures collected.
3 Nothing in this section shall prohibit payment for signature gathering which is not based, either directly or indirectly, on the number of signatures gathered.
4. No initiative or referendum petition shall be circulated by a person who is not a registered voter of this state.
5. No person shall pay another person for services as a circulator of an initiative or referendum petition if the circulator is not a registered voter of this state.
(B) ENFORCEMENT
1. The [State Board of Elections/Secretary of State] shall not accept or certify any initiative or referendum petitions that were collected by a person who received payment for the collection of signatures based on the number of signatures collected, or who is not a registered voter of this state.
2. Any person who willfully violates this section shall be guilty of a misdemeanor, punishable by up to one year in prison and a fine of up to $5,000.
3. Any person who willfully swears that initiative or referendum signatures were circulated in accordance with this section, but who knows that information to be false, shall be guilty of a felony, punishable by up to two years in prison and a fine of up to $20,000.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.
Ballot Measure Campaign Disclosure Act
Summary: The Ballot Measure Campaign Disclosure Act requires all persons, groups, or entities that fund ballot measure campaigns to register and provide full financial disclosure in a timely, accurate manner.
SECTION 1. SHORT TITLE
This Act shall be called the “Ballot Measure Campaign Disclosure Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
1. Ballot measure campaigns wield significant influence on state policy.
2. Current campaign disclosure laws are less sufficient for ballot measure campaigns than they are for political candidate campaigns.
3. Accurate and timely disclosure of fundraising and spending is especially important because there is no limit on contributions to ballot measure campaigns.
4. Stronger disclosure requirements are particularly important because soft money contributions, banned from federal campaigns, are being diverted to fund ballot measure campaigns.
(B) PURPOSE—This law is enacted to improve the democratic process for the adoption or defeat of ballot measures by providing crucial information to the public in a timely, accessible manner.
SECTION 3. DEFINITIONS
After subsection XXX, the following new subsection XXX shall be inserted:
“Ballot measure” means an initiative, referendum, ballot question, or any matter on the ballot other than the election of a candidate to public office.
SECTION 4. BALLOT MEASURE CAMPAIGN REGISTRATION REQUIREMENTS
After subsection XXX, the following new subsection XXX shall be inserted:
In addition to all other registration requirements, the following requirements shall apply to ballot measure campaigns:
1. Within ten days of first collecting or spending $100 or more in an attempt to place a measure on the ballot, or to support or oppose a ballot measure, a person, group or entity shall register with the [Board of Elections] as a ballot measure committee. However, if it is within 30 days of Election Day when the measure appears on the ballot, the person, group or entity shall register as a ballot measure committee within 24 hours of collecting or spending $100 or more.
2. If a ballot measure committee registers before a ballot measure number/letter is assigned by the [Board of Elections], the registration shall clearly describe the nature of the ballot measure and whether the committee supports or opposes such measure. If a ballot measure committee registers after a ballot measure number/letter is assigned by the [Board of Elections], the registration shall list that number/letter and whether the committee supports or opposes such measure.
SECTION 5. BALLOT MEASURE CAMPAIGN REPORTING REQUIREMENTS
After subsection XXX, the following new subsection XXX shall be inserted:
In addition to all other reporting requirements, the following requirements shall apply to every ballot measure committee:
1. After registering with the [Board of Elections], a ballot measure committee shall file a campaign disclosure report, as described in [citation], within ten days of the end of each calendar quarter.
2. If a ballot measure committee receives a contribution of $1,000 or more between the closing date of the last pre-election disclosure report and Election Day, the committee shall disclose that contribution within 48 hours of receipt in a manner designated by the [Board of Elections].
3. In each campaign disclosure report, a ballot measure committee shall list, for any donation of $100 or more, the occupation and employer of an individual, or the nature of business of a contributor that is not an individual.
4. If a ballot measure committee files a campaign disclosure report before a ballot measure number/letter is assigned by the [Board of Elections], the report shall clearly describe the nature of the ballot measure, and whether the committee supports or opposes such measure. If a ballot measure committee files a campaign disclosure report after a ballot measure number/letter is assigned by the [Board of Elections], the report shall list that number/letter and whether the committee supports or opposes such measure.
5. If a ballot measure committee collects, spends, or expects to collect or spend over $10,000 throughout the ballot measure campaign, the committee shall file all financial disclosure reports electronically, in such form as the [Board of Elections] directs.
SECTION 6. BALLOT MEASURE CAMPAIGN REPORTING REQUIREMENTS
After subsection XXX, the following new subsection XXX shall be inserted:
The [Board of Elections] shall make all registration forms and campaign finance reports for ballot measure committees easily accessible, searchable and sortable through the Internet.
SECTION 7. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.