California Senate Bill 1686 (2008)
California Senate Bill 1868 was proposed by California state senator Jeff Denham in 2008. It would add additional regulations to laws governing the initiative process in California. The bill has been assigned to for consideration to the state senate's Elections Committee, the Senate Public Safety Committee, and the Senate Appropriations Committee. The bill cleared the Senate Public Safety Committee unanimously on April 15, and the Elections Committee unanimously on April 16. Don Perata voted for it.
Denham faces a recall election on June 3, 2008. Allegations of petition circulator misbehavior have arisen surrounding the petition drive to collect signatures to force the recall; specifically, that out-of-state petitioners were illegally collecting signatures.
SB 1868 would:
Make it a crime for a person, company, organization, company official, or other organizational officer in
charge of a person who circulates an initiative, referendum, or recall petition to knowingly direct or permit the person to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended thereto. The bill would provide that this additional prohibition would not apply to a petition for astatewide initiative, referendum, or recall.
Violating the provisions of the bill would be punishable by a fine up to $5,000 or by imprisonment in state prison for up to sixteen months.
In a press release when the bill was announced, Denham said, "“California is tired of this fraudulent activity. These ruthless organizers will be punished for continuing these unethical efforts."
Other initiative restrictions proposed in 2008 in California and elsewhere
Al Torrico has proposed California Assembly Bill 1914 (2008), which would impose a civil penalty of up to $1,000 on sponsors of initiatives if the sponsor is aware of a violation relating to circulation of a statewide petition and doesn't notify the Secretary of State.
- Text of SB 1868
- Denham's Measure Would Hold Those Who Hire Petition Gatherers Responsible for Fraudulent Actions
- RecordNet, Perata votes for Denham's petition-gatherer bill, April 16, 2008
- Denham Strikes Back at Signature Gatherers, April 10, 2008
- Denham strikes back, April 10, 2008