California Fair Elections Act (2010)
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The California Fair Elections Act, or Assembly Bill 583 will be on the June 8, 2010 ballot in California as a legislatively-referred state statute.
AB 583 is a plan from Assemblywoman Loni Hancock (D-Berkeley) for publicly funded "clean money" elections for the office of California Secretary of State, paid for with higher fees on lobbyists.
It would establish a voluntary pilot project for the election of the California Secretary of State in 2014 and 2018. Candidates for that office would be allowed to qualify for public financing if they agreed to spending prohibitions and to raise a large number of $5 contributions from Californians.[1]
Specific provisions
Under the act, lobbyist employers and lobbying firms in California would have to pay $700 each to subsidize campaigns in 2014 and 2018 for secretary of state races.[2]
This would raise about $34 million a year to go into a fund to support the campaigns of candidates for the office of California Secretary of State.
A candidate for secretary of state who wanted to gain access to this public funding would have to first gather contributions of at least $5.00 from at least 7,500 registered voters.
Lobbyists in California
In California, there are:
- 1,239 registered lobbyists
- 383 lobbying firms
- 3,153 "lobbyist employers".[2]
Supporters
- Warren Furutani, who says that AB 583 would help minority candidates.[1]
- Common Cause. Derek Cressman, he Western states regional director for Common Cause, says, "This would make it possible for candidates to reject big money from special interests and still run a competitive campaign."[2]
- The California Clean Money Campaign
- The California Nurses Association.
Opponents
When the proposed statute was under deliberation in the California State Legislature, it was opposed by:
- The Institute of Governmental Advocates
- The California Chamber of Commerce
- The California Fair Political Practices Commission
- The California Department of Finance.[2]
Plaintiffs on the state lawsuit filed against the measure include:
- Jericho: A Voice for Justice.
- Police union lobbyist Tim Yaryan and Yaryan's law firm
- The Los Angeles Police Protective League
- California Professional Firefighters.[2]
Lawsuits against
Federal
Federal judge Frank Damrell dismissed a lawsuit on June 15, 2009 brought by plaintiffs who were seeking to have the proposition removed from the June 2010 ballot on the grounds that it imposes a tax on their constitutionally-protected right of First Amendment expression. The plaintiffs were the Institute of Governmental Advocates, Jericho: A Voice for Justice, Timothy Yaryan, the Los Angeles Police Protective League and California Professional Firefighters.[3]
Damrell dismissed the lawsuit on the grounds that it was premature because the proposition hadn't yet been approved by voters. He wrote, "In this case, the threat of application or enforcement of the allegedly unconstitutional provisions in AB583 — though theoretically possible — is not reasonable or imminent. Indeed, these provisions may never be enacted."[3]
State
The Institute of Governmental Advocates (IGA) filed a state lawsuit against the measure on August 25, 2009. The lawsuit was filed in the Superior Court of Sacramento County courtroom of Michael P. Kenny. Jackson Gualco, president of the IGA, said that his group believes the proposed measure:
- Unfairly restricts their free speech rights
- Unconstitutionally estricts people's right to petition their government.[2]
Other states
Courts in Arizona and Vermont have struck down similar statutes that required lobbyists to pay fees to fund political campaigns on the grounds that placing these requirements on lobbyists was an "impermissible burden" on their First Amendment rights.
Polling information
- See also: Polls, 2010 ballot measures
Lake Research Partners conducted a telephone survey of 800 likely voters in October 2009. This survey suggested that 63% of voters are positive toward the ideas in this ballot initiative.[4]
| Date of Poll | Pollster | In favor | Opposed | Undecided |
|---|---|---|---|---|
| Oct 19-23, 2009 | Lake Research Partners | 63% | 22% | 16% |
May 19, 2009
It was once thought that AB 583 would appear on the May 19 ballot in California.[5],[6]
External links
References
- ↑ 1.0 1.1 Long Beach Press Telegram, "Ballot measure would help minority candidates", September 6, 2009
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Sacramento Bee, "Lobbyists sue to block campaign-finance ballot measure", November 8, 2009
- ↑ 3.0 3.1 Mercury News, "Lawsuit challenging 'clean money' proposal dismissed", June 16, 2009
- ↑ Contra Costa Times, "Voters like pilot public campaign finance measure", October 26, 2009
- ↑ Los Angeles Times, "The Next Special Election: April? May? June?", February 9, 2009
- ↑ Los Angeles Times, "With budget stalemate over, next move is up to California voters", February 20, 2009
