SB 226: Political Reform Act of 1974: slate mailers.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-10-15
The Political Reform Act of 1974 regulates a type of mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing the total number of members in the organization identified in the slate mailer or mass mailing.
This bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization to disclose on the mailing, in a specified format, whether the slate mailer organization represents public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 regulates a type of mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing the total number of members in the organization identified in the slate mailer or mass mailing.
This bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization to disclose on the mailing, in a specified format, whether the slate mailer organization represents public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 regulates a type of mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing the total number of members in the organization identified in the slate mailer or mass mailing.
This bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization to disclose on the mailing, in a specified format, whether the slate mailer organization represents public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 regulates a type of mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing must disclose the total number of members in the organization identified in the slate mailer or mass mailing.
This bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization, if it does not include any members, as defined, who are public safety personnel, organization to disclose on the mailing, in a specified format, that whether the slate mailer organization does not represent represents public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 regulates a type of mass mailings mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so. The act requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose in the slate mailer or mass mailing must disclose the total number of members in the organization identified in the slate mailer or mass mailing.
This bill would make a technical, nonsubstantive change to that provision. bill, with regard to this latter category of slate mailers and mass mailings, would require the slate mailer organization, if it does not include any members, as defined, who are public safety personnel, to disclose on the mailing, in a specified format, that the slate mailer organization does not represent public safety personnel.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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 acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 regulates a type of mass mailings known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires a slate mailer organization that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to that of a governmental agency or specified nongovernmental organization to obtain express written permission to do so.
This bill would make a technical, nonsubstantive change to that provision.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, represents, or is affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing, as provided in paragraph (1) of subdivision (d). If the slate mailer organization is not composed of or does not represent any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel, as provided in paragraph (2) of subdivision (d).
(d)A disclosure pursuant to subdivision (c) shall include one of the following statements:
(1)If the slate mailer organization represents public safety personnel members: This organization represents ____ public safety personnel. The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
(2)If the slate mailer organization does not represent public safety personnel members: This organization does not represent any public safety personnel.
(e)A disclosure pursuant to subdivision (d) shall be in a format that satisfies all of the following:
(1)Printed in roman type that is no less than 14-point font.
(2)Located on the outside of the slate mailer or mass mailing within one-half of an inch of the recipients name and address.
(3)Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(f)(1)For purposes of subdivision (c), member means any of the following:
(A)A person who, pursuant to a specific provision of an organizations articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B)A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organizations articles or bylaws or has paid dues to the organization.
(C)Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
SEC. 2.The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4.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.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, represents, or is affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing, as provided in paragraph (1) of subdivision (d). If the slate mailer organization is not composed of or does not represent any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel, as provided in paragraph (2) of subdivision (d).
(d)A disclosure pursuant to subdivision (c) shall include one of the following statements:
(1)If the slate mailer organization represents public safety personnel members: This organization represents ____ public safety personnel. The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
(2)If the slate mailer organization does not represent public safety personnel members: This organization does not represent any public safety personnel.
(e)A disclosure pursuant to subdivision (d) shall be in a format that satisfies all of the following:
(1)Printed in roman type that is no less than 14-point font.
(2)Located on the outside of the slate mailer or mass mailing within one-half of an inch of the recipients name and address.
(3)Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(f)(1)For purposes of subdivision (c), member means any of the following:
(A)A person who, pursuant to a specific provision of an organizations articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B)A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organizations articles or bylaws or has paid dues to the organization.
(C)Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
SEC. 2.The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4.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.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, represents, or is affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing, as provided in paragraph (1) of subdivision (d). If the slate mailer organization is not composed of or does not represent any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel, as provided in paragraph (2) of subdivision (d).
(d)A disclosure pursuant to subdivision (c) shall include one of the following statements:
(1)If the slate mailer organization represents public safety personnel members: This organization represents ____ public safety personnel. The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
(2)If the slate mailer organization does not represent public safety personnel members: This organization does not represent any public safety personnel.
(e)A disclosure pursuant to subdivision (d) shall be in a format that satisfies all of the following:
(1)Printed in roman type that is no less than 14-point font.
(2)Located on the outside of the slate mailer or mass mailing within one-quarter one-half of an inch of the recipients name and address.
(3)Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(f)(1)For purposes of subdivision (c), member means any of the following:
(A)A person who, pursuant to a specific provision of an organizations articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B)A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organizations articles or bylaws or has paid dues to the organization.
(C)Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
SEC. 2.The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4.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.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, represents, or is affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing. Additionally, if mailing, as provided in paragraph (1) of subdivision (d). If the slate mailer organization does is not include composed of or does not represent any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel. personnel, as provided in paragraph (2) of subdivision (d).
(d)A disclosure pursuant to subdivision (c) shall be include one of the following statements:
(1)If the slate mailer organization represents public safety personnel members: This organization represents ____ public safety personnel. The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
(2)If the slate mailer organization does not represent public safety personnel members: This organization does not represent any public safety personnel.
(e)A disclosure pursuant to subdivision (d) shall be in a format that satisfies all of the following:
(1)Printed in roman type that is no less than 14-point font.
(2)Located on the outside of the slate mailer or mass mailing within one-quarter of an inch of the recipients name and address.
(3)Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(e)(f)(1)For purposes of subdivision (c), member has the same meaning as defined in paragraph (2) of subdivision (a) of Section 18531.7 of Title 2 of the California Code of Regulations. means any of the following:
(A)A person who, pursuant to a specific provision of an organizations articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B)A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organizations articles or bylaws or has paid dues to the organization.
(C)Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
SEC. 2.The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4.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.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain express written consent from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain express written consent from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the nongovernmental organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose on the outside of each piece of mail and on at least one of the inserts included with each piece of mail in no less than 12-point roman type, which shall be in a color or print that contrasts with the background so as to be easily legible, the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing. Additionally, if the slate mailer organization does not include any members who are law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose that the slate mailer organization does not represent public safety personnel.
(d)A disclosure pursuant to subdivision (c) shall be in a format that satisfies all of the following:
(1)Printed in roman type that is no less than 14-point font.
(2)Located on the outside of the slate mailer or mass mailing within one quarter of an inch of the recipients name and address.
(3)Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
(e)For purposes of subdivision (c), member has the same meaning as defined in paragraph (2) of subdivision (a) of Section 18531.7 of Title 2 of the California Code of Regulations.
SEC. 2.The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4.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.
(a)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency, and that would reasonably be understood to imply the participation or endorsement of that governmental agency, the slate mailer organization shall obtain the express written consent of from the governmental agency associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(b)If a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain the express written consent of from the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
(c)If a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term peace officer, reserve officer, deputy, deputy sheriff, sheriff, police, highway patrol, California Highway Patrol, law enforcement, firefighter, fire marshal, paramedic, emergency medical technician, public safety, or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose on the outside of each piece of mail and on at least one of the inserts included with each piece of mail in no less than 12-point roman type, which shall be in a color or print that contrasts with the background so as to be easily legible, the total number of members in the organization identified in the slate mailer or mass mailing.
|
Date
|
Status
|
|---|---|
| Oct 15, 2017 | Chaptered by Secretary of State. Chapter 855, Statutes of 2017. |
| Oct 15, 2017 | Approved by the Governor. |
| Sep 21, 2017 | Enrolled and presented to the Governor at 5:30 p.m. |
| Sep 14, 2017 | Ordered to enrgrossing and enrolling. |
| Aug 31, 2017 | Returned by the Governor at the request of the Senate. |
| Aug 25, 2017 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 21, 2017 | Assembly amendments concurred in. (Ayes 35. Noes 3.) Ordered to engrossing and enrolling. |
| Jul 18, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 17, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jun 29, 2017 | Read second time. Ordered to third reading. |
| Jun 28, 2017 | From committee: Do pass. (Ayes 13. Noes 1.) (June 28). |
| Jun 15, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 14, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 14). |
| May 22, 2017 | Referred to Com. on E. & R. |
| May 9, 2017 | In Assembly. Read first time. Held at Desk. |
| May 8, 2017 | Read third time. Passed. (Ayes 34. Noes 3. Page 985.) Ordered to the Assembly. |
| May 2, 2017 | Read second time. Ordered to third reading. |
| May 1, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 21, 2017 | Set for hearing May 1. |
| Apr 19, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 743.) (April 18). Re-referred to Com. on APPR. |
| Apr 4, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. |
| Apr 4, 2017 | Set for hearing April 18. |
| Mar 23, 2017 | Re-referred to Com. on E. & C.A. |
| Mar 14, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 16, 2017 | Referred to Com. on RLS. |
| Feb 3, 2017 | From printer. May be acted upon on or after March 5. |
| Feb 2, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 21, 2017 | Unfinished Business SB226 Hertzberg Concurrence | Senate Floor |
Passed |
|
| Jul 17, 2017 | SB 226 Hertzberg Senate Third Reading By GALLAGHER | Assembly Floor |
Passed |
|
| Jun 28, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 14, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| May 8, 2017 | Senate 3rd Reading SB226 Hertzberg | Senate Floor |
Passed |
|
| Apr 18, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Professional Firefighters | ** Support | Jul 19, 2017 |
| Peace Officers Research Association Of California | ** Support | Jul 19, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 226
:
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/18/17
AYES: Stern, Allen, Hertzberg, Leyva
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 34-3, 5/8/17
AYES: Allen, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk
NOES: Anderson, Morrell, Stone
NO VOTE RECORDED: Bates, Fuller, Lara
ASSEMBLY FLOOR: 67-7, 7/17/17 - See last page for vote
SOURCE: California Professional Firefighters
DIGEST:
This bill requires specified slate mailers to disclose on the mailing whether or not the slate mailer organization who sent them represents public safety personnel and, if so, how many.
Assembly Amendments provide that the required disclosure statement appear on the outside of the slate mailer or mass mailing within one-half of an inch, instead of one-quarter of an inch, of the recipient’s name and address.
Existing law:
- Defines “slate mailer” as a mass mailing which supports or opposes a total of four or more candidates or ballot measures.
- Defines “slate mailer organization” as any person or organization who, directly or indirectly, does all of the following:
- Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers.
- Receives or is promised payments totaling $500 or more in a calendar year for the production of one or more slate mailers.
- Provides that a slate mailer organization does not include any of the following:
- A candidate or officeholder or his or her controlled committee.
- An official committee of any political party.
- A legislative caucus committee.
- A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure.
- Provides that no slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall send a slate mailer unless:
- The name and street address of the slate mailer organization or committee are shown on the outside of each piece of slate mail and on at least one of the included inserts in no less than 8-point Roman type in a color or print which contrasts with the background so as to be easily legible.
- At the top or bottom of the front side or surface of at least one insert or at the top or bottom of one side or surface of a postcard or other self-mailer, there is a notice in a printed or drawn box in similar font and color consisting of the following statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *.
- Each candidate and each ballot measure that has paid to appear in the slate mailer must be designated by an asterisk (*) which must immediately follow the name of the candidate, or the name or number and position advocated on the ballot measure. Any candidate or ballot measure that has not paid to appear in the slate mailer may not be designated by an asterisk.
- The name of any candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent, must be accompanied, immediately below the name, by the party designation of the candidate, in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. This designation is not required for candidates for nonpartisan office.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain the express written consent of the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term “peace officer,” “reserve officer,” “deputy,” “deputy sheriff,” “sheriff,” “police,” “highway patrol,” “California Highway Patrol,” “law enforcement,” “firefighter,” “fire marshal,” “paramedic,” “emergency medical technician,” “public safety,” or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose on the outside of each piece of mail and on at least one of the inserts included with each piece of mail in no less than 12-point Roman type, which shall be in a color or print that contrasts with the background so as to be easily legible, the total number of members in the organization identified in the slate mailer or mass mailing.
This bill:
- Provides, with regard to slate mailers and mass mailings that identify themselves or their source material as representing a nongovernmental organization that implies it is composed of, represents, or is affiliated with, any of the aforementioned public safety personnel, the slate mailer organization must disclose on the mailing whether the slate mailer organization actually represents any public safety personnel.
- Requires these slate mailers or mass mailings to disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing.
- Requires that the aforementioned disclosure shall include one of the following statements:
- If the slate mailer organization represents public safety personnel members: “This organization represents ____ public safety personnel.” The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
- If the slate mailer organization does not represent public safety personnel members: “This organization does not represent any public safety personnel.”
- Provides that these disclosures must satisfy all of the following requirements:
- Printed in Roman type that is no less than 14-point font.
- Located on the outside of the slate mailer or mass mailing within one-half of an inch of the recipient’s name and address.
- Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box must be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
- Defines “member” for the purposes of this bill as any of the following:
- A person who, pursuant to a specific provision of an organization’s articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
- A person designated as a member in the articles or bylaws of a tax exempt organization and who has the right to vote to change the organization’s articles or bylaws or has paid dues to the organization.
- Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
Background
Landslide Communications, Inc. v. State of California. Landslide Communications, Inc., a slate mailer organization, brought suit in the United States District Court, challenging the 2013 amendment to the slate mailer provisions of the Political Reform Act that this bill seeks to expand upon. The plaintiffs alleged that it unconstitutionally burdened and chilled protected speech -- specifically, that having to disclose the total number of members in the organization identified in the slate mailer created a distorted message and would have a stigmatizing effect on the public safety oriented organizations that distribute slate mail. Additionally, the plaintiffs alleged that by listing the number of members in the sponsoring organization, they were being forced to include messages that they do not wish to include. After hearing arguments on the parties’ cross-motions for summary judgment, the district court granted the defendants’ motion for summary judgment and denied that of the plaintiff.
Comments
- According to the author, SB 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. The bill ensures that voters can easily identify the disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues therein.
Existing law (Gov. § 84305.7) requires slate mailer organizations that want to use public safety logos on a political mailing to get approval from that entity and to disclose the total number of members in the organization. These disclosures were recently upheld in court, with a finding that the government has a strong interest in ensuring that the public has information about who and what type of entity is speaking before an election.
In recent years, some slate mailers have used images and messages to strongly suggest they are connected to or representing public safety members, even if they have no members. The practice deceives voters into believing that the mailer represents the views of members of the public safety community.
The existing disclaimers do not always give sufficient information to know that the slate mailer is not affiliated with any public safety membership organization and is not representing their views. This vagueness means voters are misled about who is speaking on behalf of public safety in California.
Related/Prior Legislation
SB 488 (Correa, Chapter 865, Statutes of 2012) required a slate mailer that represents the position of a public safety organization to include specified information about the organization's membership and prohibited the use of a logo of a governmental organization or of specified non-governmental organizations in a slate mailer without the written consent of the organization.
AB 374 (Matthews, 2001) would have required slate mailers that represented the position of a peace officer or firefighter organization to disclose certain information on the organization's membership. AB 374 was approved by the Assembly but subsequently was amended for an unrelated purpose.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, minor and absorbable costs to the Fair Political Practices Commission to enforce the provisions on this bill.
California Professional Firefighters (source)
Peace Officers Research Association of California
OPPOSITION: (Verified 7/18/17)
None received
ASSEMBLY FLOOR: 67-7, 7/17/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NOES: Brough, Chávez, Choi, Harper, Melendez, Obernolte, Voepel
NO VOTE RECORDED: Dahle, Gray, Irwin, Kiley, Mayes
7/19/17 16:26:57
**** END ****
SENATE THIRD READING
STR Bill Id:SB 226
Author:(Hertzberg)
As Amended Ver:June 15, 2017
2/3 vote
SENATE VOTE: 34-3
Committee | Votes | Ayes | Noes |
Elections | 5-1 | Berman, Cunningham, Low, Mullin, Weber | Harper |
Appropriations | 13-1 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Limón, Chau, Eggman, Fong, Friedman, Gallagher, Muratsuchi, Reyes | Obernolte |
SUMMARY: Increases the minimum size and specifies the format and location of a disclosure that is required to appear on a slate mailer that identifies itself as representing a public safety organization in a manner that generally requires such disclosure to be more prominent. Specifically, this bill:
- Requires, when a slate mailer is required, pursuant to existing law, to include a disclosure of the number of members of the public safety organization that the slate mailer identifies itself as representing, that the disclosure comply with all of the following:
- That the disclosure reads "This organization represents ____ public safety personnel," with the blank space filled in with the number of public safety personnel members the organization represents; or that the disclosure reads "This organization does not represent any public safety personnel," if the organization does not represent public safety personnel members.
- That the disclosure be in a roman type that is no less than 14-point font, located on the outside of the slate mailer or mass mailing within one-half of an inch of the recipient's name and address, and contained in a box, as specified.
- Defines the term "member," for the purposes of the requirement that specified slate mailers include a disclosure of the number of members of the public safety organization that the slate mailer identifies itself as representing, to mean either of the following:
- A person who may vote for officers or for the disposition of assets of the organization, as specified, pursuant to a specific provision of an organization's articles or bylaws; or,
- A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501 (c) of the Internal Revenue Code and who has the right to vote to change the organization's articles or bylaws and has paid dues to the organization.
- Makes technical and clarifying changes, and contains a severability clause.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs to the Fair Political Practices Commission (FPPC) to enforce the provisions of this bill.
COMMENTS: According to the author, "Senate Bill 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. The bill ensures that voters can easily identify the disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues contained in the mail piece."
SB 488 (Correa), Chapter 865, Statutes of 2012, requires a slate mailer that represents the position of a public safety organization to include information about the total number of members in the organization identified in the slate mailer, among other provisions. SB 488 was intended to address concerns about slate mailers that purported to represent the position of public safety organizations even though the entity sending the slate mailers had no connection to or affiliation with public safety organizations. Supporters of SB 488 argued that these slate mailers, by giving voters a misleading impression that they represented the position of public safety personnel, could undermine trust in public safety organizations.
As background for this bill, the sponsor provided a copy of a slate mailer sent in connection with the November 2016 statewide general election. That slate mailer, which was prominently identified as the California Public Safety Newsletter and Voter Guide, and contained images of police, firefighters, and insignia similar to those used by firefighting and police agencies, included a disclosure consistent with SB 488 that the organization "is a non-membership slate mailer organization and therefore does not have any members." That disclosure was included in the header at the top of the inside of the slate mailer, and was printed in a smaller type size than the other text in the header. To address concerns that existing law may permit the disclosure required by SB 488 to be printed in a manner that allows for it to be easily overlooked, this bill would require the disclosure to use specified wording, increase the minimum size of the disclosure to 14-point roman type font, and require the disclosure statement to appear in a box near the mailing address of the recipient of the slate mailer.
California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders and lobbyists. That initiative is commonly known as the Political Reform Act (PRA). Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0001052
Date of Hearing: June 28, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 226
Author:(Hertzberg) – As Amended Ver:June 15, 2017
Policy Committee: | Elections and Redistricting | Vote: | 5 - 1 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires the disclosure required to appear on a slate mailer identifying it as representing a public safety organization to be made more prominent. Specifically, this bill:
- Requires, when a slate mailer is required, pursuant to existing law, to include a disclosure of the number of members of public safety organizations that the slate mailer identifies itself as representing, that the disclosure contain a specific statement in a specific minimum font size and font type as well as other features to make the disclosure more prominent.
- Defines the term "member," for the purposes of the requirement that specified slate mailers include a disclosure of the number of members of the law enforcement, firefighting, emergency medical, or other public safety organization that the slate mailer identifies itself as representing.
FISCAL EFFECT:
Minor and absorbable costs to the Fair Political Practices Commission (FPPC) to enforce the provisions on the bill.
COMMENTS:
- Background. Existing law requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term "peace officer," "reserve officer," "deputy," "deputy sheriff," "sheriff," "police," "highway patrol," "California Highway Patrol," "law enforcement," "firefighter," "fire marshal," "paramedic," "emergency medical technician," "public safety," or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with public safety personnel, to disclose the total number of members in the organization identified in the slate mailer or mass mailing. Also requires this disclosure to be included on the outside of each piece of mail and on at least one of the inserts in no less than 12-point roman type, in a color or print that contrasts with the background so as to be easily legible. Compliance with the state’s campaign laws, including the use of slate mailers, is enforced by the FPPC.
- Purpose. According to the author, “Senate Bill 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. The bill ensures that voters can easily identify the
disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues contained in the mail piece.”
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 14, 2017
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
SBPCA Bill Id:SB 226
Author:(Hertzberg) – As Amended Ver:April 4, 2017
SENATE VOTE: 34-3
SUBJECT: Political Reform Act of 1974: slate mailers.
SUMMARY: Increases the minimum size and specifies the format and location of a disclosure that is required to appear on a slate mailer that identifies itself as representing a public safety organization in a manner that generally requires such disclosure to be more prominent. Specifically, this bill:
- Requires, when a slate mailer is required pursuant to existing law to include a disclosure of the number of members of the law enforcement, firefighting, emergency medical, or other public safety organization that the slate mailer identifies itself as representing, that the disclosure comply with all of the following:
- That the disclosure reads "This organization represents ____ public safety personnel," with the blank space filled in with the number of public safety personnel members the organization represents; or that the disclosure reads "This organization does not represent any public safety personnel," if the organization does not represent public safety personnel members.
- That the disclosure be in a format that satisfies all of the following:
- Printed in a roman type that is no less than 14-point font;
- Located on the outside of the slate mailer or mass mailing within one-quarter of an inch of the recipient's name and address; and,
- Contained in a box with an outline that has a line weight of at least 3.25 points, with the background color of the box a contrasting color to the background of the slate mailer or mass mailing, the outline of the box in a contrasting color to both the background color of the mailing and the background color of the box, and the color of the text of the disclosure in a contrasting color to the background color of the box.
- Defines the term "member," for the purposes of the requirement that specified slate mailers include a disclosure of the number of members of the law enforcement, firefighting, emergency medical, or other public safety organization that the slate mailer identifies itself as representing, to mean either of the following:
- A person who, pursuant to a specific provision of an organization's articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution; or,
- A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501 (c) of the Internal Revenue Code and who has the right to vote to change the organization's articles or bylaws and has paid dues to the organization.
Provides, for the purposes of this definition of the term "member," that members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
- Makes technical and clarifying changes.
- Contains a severability clause.
EXISTING LAW:
- Defines a "slate mailer" as a mass mailing that supports or opposes a total of four or more candidates or ballot measures.
- Defines a "slate mailer organization" as a person who is involved in the production of one or more slate mailers, exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers, and receives or is promised payments totaling $500 or more in a calendar year for the production of one or more slate mailers. Provides that none of the following are slate mailer organizations:
- A candidate or officeholder or the controlled committee of a candidate or officeholder;
- An official committee of any political party;
- A legislative caucus committee; or,
- A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure.
- A candidate or officeholder or the controlled committee of a candidate or officeholder;
- Requires a slate mailer organization that sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term "peace officer," "reserve officer," "deputy," "deputy sheriff," "sheriff," "police," "highway patrol," "California Highway Patrol," "law enforcement," "firefighter," "fire marshal," "paramedic," "emergency medical technician," "public safety," or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, to disclose the total number of members in the organization identified in the slate mailer or mass mailing. Requires this disclosure to be included on the outside of each piece of mail and on at least one of the inserts in no less than 12-point roman type, in a color or print that contrasts with the background so as to be easily legible.
- Prohibits a slate mailer organization or a committee primarily formed to support or oppose one or more ballot measures from sending a slate mailer unless it contains all of the following:
- The name, street address, and city of the slate mailer organization or committee on the outside of each piece of slate mail and on at least one of the inserts included with each piece of slate mail in no less than 8-point type;
- A notice, in no less than 8-point type, that consists of the following statement:
- The name, street address, and city of the slate mailer organization or committee on the outside of each piece of slate mail and on at least one of the inserts included with each piece of slate mail in no less than 8-point type;
NOTICE TO VOTERS THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *. |
- An asterisk (*) to designate each candidate and each ballot measure that has paid to appear in the slate mailer in the same type size, style, color, and legibility as is used for the name of the candidate or the ballot measure name or number and position advocated.
- The political party affiliation of a candidate appearing in the slate mailer, in no less than 9-point type, if the candidate is not running for non-partisan office and is a member of a political party differing from the political party with which the mailer appears by representation or indicia to represent.
- An asterisk (*) to designate each candidate and each ballot measure that has paid to appear in the slate mailer in the same type size, style, color, and legibility as is used for the name of the candidate or the ballot measure name or number and position advocated.
- Creates the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act (PRA).
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Purpose of the Bill: According to the author:
Senate Bill 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. The bill ensures that voters can easily identify the disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues contained in the mail piece.
- Previous Legislation and Litigation: In 2012, the Legislature passed and the Governor signed SB 488 (Correa), Chapter 865, Statutes of 2012, which requires a slate mailer that represents the position of a public safety organization to include information about the total number of members in the organization identified in the slate mailer, among other provisions. SB 488 was intended to address concerns about slate mailers that purported to represent the position of public safety organizations even though the entity sending the slate mailers had no connection to or affiliation with public safety organizations. Supporters of SB 488 argued that these slate mailers, by giving voters a misleading impression that they represented the position of public safety personnel, could undermine trust in public safety organizations.
Shortly after the passage of SB 488, Landslide Communications, Inc., a slate mailer organization, filed a lawsuit in the United States District Court for the Eastern District of California challenging the provisions of SB 488. Among other arguments, the plaintiffs alleged that SB 488 unconstitutionally infringed upon their right to freedom of speech under the First Amendment; specifically, the plaintiffs argued that having to disclose the total number of members in the organization identified in the slate mailer created a distorted message and would have a stigmatizing effect on the public safety oriented organizations that distribute slate mail. Additionally, the plaintiffs alleged that by listing the number of members in the sponsoring organization, they were being forced to include messages that they do not wish to include. After hearing arguments on the parties' cross-motions for summary judgment, the district court rejected the plaintiffs' challenge to SB 488 and granted the defendants' motion for summary judgment. (Landslide Communications, Inc. v. State of California, 2013 U.S. Dist. LEXIS 180811, (E.D. Cal. Dec. 27, 2013)).
For those slate mailers that are required to include a disclosure of the total number of members in the organization identified in the slate mailer, SB 488 requires the disclosure to appear in no less than 12-point roman type, in a color or print that contrasts with the background as to be easily legible. For illustration purposes, the following is printed in a 12-point Times New Roman type font which would comply with current law:
The organization sending this slate mailer does not have any members.
As background for this bill, the sponsor provided a copy of a slate mailer sent in connection with the November 2016 statewide general election. That slate mailer, which was prominently identified as the California Public Safety Newsletter and Voter Guide, and contained images of police, firefighters, and insignia similar to those used by firefighting and police agencies, included a disclosure consistent with SB 488 that the organization "is a non-membership slate mailer organization and therefore does not have any members." That disclosure was included in the header at the top of the inside of the slate mailer, and was printed in a smaller type size than the other text in the header. To address concerns that existing law may permit the disclosure required by SB 488 to be printed in a manner that allows for it to be easily overlooked, this bill would require the disclosure to use specified wording, increase the minimum size of the disclosure to 14-point roman type font, and require the disclosure statement to appear in a box near the mailing address of the recipient of the slate mailer. The following disclosure statement uses the specific language that would be required by this bill, is written in 14-point Times New Roman type font, and is placed in a box similar to the one that would be required by this bill:
This organization does not represent any public safety personnel. |
- Postal Regulations and Suggested Amendment: Under the provisions of this bill, the disclosure of the number of public safety personnel that an organization represents is required to be located within one-quarter of an inch of the recipient's name and address. However, United States Postal Service (USPS) mailing guidelines (Publication 177) require the delivery address block on mail to be clearly separated from any extraneous text and graphics. USPS requires a minimum clear area of three-eighths of an inch, and recommends at least one-half inch of clear area in each direction around the address block. In order to conform the requirements of this bill to USPS mailing guidelines, committee staff recommends amending this bill to require the disclosure of the number of public safety personnel to be located within one-half of an inch of the recipient's name and address.
- Political Reform Act of 1974: California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
California Professional Firefighters (sponsor)
Peace Officers Research Association of California
Opposition
None on file.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 226
:
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/18/17
AYES: Stern, Allen, Hertzberg, Leyva
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SOURCE: California Professional Firefighters
This bill requires specified slate mailers to disclose on the mailing whether or not the slate mailer organization who sent them represents public safety personnel and, if so, how many.
Existing law:
- Defines “slate mailer” as a mass mailing which supports or opposes a total of four or more candidates or ballot measures.
- Defines “slate mailer organization” as any person or organization who, directly or indirectly, does all of the following:
- Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers.
- Receives or is promised payments totaling $500 or more in a calendar year for the production of one or more slate mailers.
- Provides that a slate mailer organization does not include any of the following:
- A candidate or officeholder or his or her controlled committee.
- An official committee of any political party.
- A legislative caucus committee.
- A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure.
- Provides that no slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall send a slate mailer unless:
- The name and street address of the slate mailer organization or committee are shown on the outside of each piece of slate mail and on at least one of the included inserts in no less than 8-point Roman type in a color or print which contrasts with the background so as to be easily legible.
- At the top or bottom of the front side or surface of at least one insert or at the top or bottom of one side or surface of a postcard or other self-mailer, there is a notice in a printed or drawn box in similar font and color consisting of the following statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *.
- Each candidate and each ballot measure that has paid to appear in the slate mailer must be designated by an asterisk (*) which must immediately follow the name of the candidate, or the name or number and position advocated on the ballot measure. Any candidate or ballot measure that has not paid to appear in the slate mailer may not be designated by an asterisk.
- The name of any candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent, must be accompanied, immediately below the name, by the party designation of the candidate, in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. This designation is not required for candidates for nonpartisan office.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain the express written consent of the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term “peace officer,” “reserve officer,” “deputy,” “deputy sheriff,” “sheriff,” “police,” “highway patrol,” “California Highway Patrol,” “law enforcement,” “firefighter,” “fire marshal,” “paramedic,” “emergency medical technician,” “public safety,” or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose on the outside of each piece of mail and on at least one of the inserts included with each piece of mail in no less than 12-point Roman type, which shall be in a color or print that contrasts with the background so as to be easily legible, the total number of members in the organization identified in the slate mailer or mass mailing.
This bill:
- Provides, with regard to slate mailers and mass mailings that identify themselves or their source material as representing a nongovernmental organization that implies it is composed of, represents, or is affiliated with, any of the aforementioned public safety personnel, the slate mailer organization must disclose on the mailing whether the slate mailer organization actually represents any public safety personnel.
- Requires these slate mailers or mass mailings to disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing.
- Requires that the aforementioned disclosure shall include one of the following statements:
- If the slate mailer organization represents public safety personnel members: “This organization represents ____ public safety personnel.” The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
- If the slate mailer organization does not represent public safety personnel members: “This organization does not represent any public safety personnel.”
- Provides that these disclosures must satisfy all of the following requirements:
- Printed in Roman type that is no less than 14-point font.
- Located on the outside of the slate mailer or mass mailing within one-quarter of an inch of the recipient’s name and address.
- Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box must be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
- Defines “member” for the purposes of this bill as any of the following:
- A person who, pursuant to a specific provision of an organization’s articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
- A person designated as a member in the articles or bylaws of a tax exempt organization and who has the right to vote to change the organization’s articles or bylaws or has paid dues to the organization.
- Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
Background
Landslide Communications, Inc. v. State of California. Landslide Communications, Inc., a slate mailer organization, brought suit in the United States District Court, challenging the 2013 amendment to the slate mailer provisions of the Political Reform Act that this bill seeks to expand upon. The plaintiffs alleged that it unconstitutionally burdened and chilled protected speech -- specifically, that having to disclose the total number of members in the organization identified in the slate mailer created a distorted message and would have a stigmatizing effect on the public safety oriented organizations that distribute slate mail. Additionally, the plaintiffs alleged that by listing the number of members in the sponsoring organization, they were being forced to include messages that they do not wish to include. After hearing arguments on the parties’ cross-motions for summary judgment, the district court granted the defendants’ motion for summary judgment and denied that of the plaintiff.
Comments
- According to author, SB 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. This bill ensures that voters can easily identify the disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues therein.
Existing law (Gov. § 84305.7) requires slate mailer organizations that want to use public safety logos on a political mailing to get approval from that entity and to disclose the total number of members in the organization. These disclosures were recently upheld in court, with a finding that the government has a strong interest in ensuring that the public has information about who and what type of entity is speaking before an election.
In recent years, some slate mailers have used images and messages to strongly suggest they are connected to or representing public safety members, even if they have no members. The practice deceives voters into believing that the mailer represents the views of members of the public safety community.
The existing disclaimers do not always give sufficient information to know that the slate mailer is not affiliated with any public safety membership organization and is not representing their views. This vagueness means voters are misled about who is speaking on behalf of public safety in California.
Related/Prior Legislation
SB 488 (Correa, Chapter 865, Statutes of 2012) required a slate mailer that represents the position of a public safety organization to include specified information about the organization's membership and prohibited the use of a logo of a governmental organization or of specified non-governmental organizations in a slate mailer without the written consent of the organization.
AB 374 (Matthews, 2001) would have required slate mailers that represented the position of a peace officer or firefighter organization to disclose certain information on the organization's membership. AB 374 was approved by the Assembly but subsequently was amended for an unrelated purpose.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Professional Firefighters (source)
Peace Officers research Association of California
5/3/17 14:47:07
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SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: SB Hearing Date: 4/18/17
Author: | |||
Version: | 4/4/17 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Darren Chesin | ||
Subject: Political Reform Act of 1974: slate mailers
DIGEST
This bill requires specified slate mailers to disclose on the mailing whether or not the slate mailer organization who sent them represents public safety personnel and, if so, how many.
ANALYSIS
Existing law:
- Defines “slate mailer” as a mass mailing which supports or opposes a total of four or more candidates or ballot measures.
- Defines “slate mailer organization” as any person or organization who, directly or indirectly, does all of the following:
- Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers.
- Receives or is promised payments totaling $500 or more in a calendar year for the production of one or more slate mailers.
- Provides that a slate mailer organization does not include any of the following:
- A candidate or officeholder or his or her controlled committee.
- An official committee of any political party.
- A legislative caucus committee.
- A committee primarily formed to support or oppose a candidate, officeholder, or ballot measure.
- Provides that no slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall send a slate mailer unless:
- The name and street address of the slate mailer organization or committee are shown on the outside of each piece of slate mail and on at least one of the included inserts in no less than 8-point Roman type in a color or print which contrasts with the background so as to be easily legible.
- At the top or bottom of the front side or surface of at least one insert or at the top or bottom of one side or surface of a postcard or other self-mailer, there is a notice in a printed or drawn box in similar font and color consisting of the following statement:
NOTICE TO VOTERS
THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *.
- Each candidate and each ballot measure that has paid to appear in the slate mailer must be designated by an asterisk (*) which must immediately follow the name of the candidate, or the name or number and position advocated on the ballot measure. Any candidate or ballot measure that has not paid to appear in the slate mailer may not be designated by an asterisk.
- The name of any candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent, must be accompanied, immediately below the name, by the party designation of the candidate, in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. This designation is not required for candidates for nonpartisan office.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that nongovernmental organization, the slate mailer organization shall obtain the express written consent of the nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing.
- Provides that if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that includes the term “peace officer,” “reserve officer,” “deputy,” “deputy sheriff,” “sheriff,” “police,” “highway patrol,” “California Highway Patrol,” “law enforcement,” “firefighter,” “fire marshal,” “paramedic,” “emergency medical technician,” “public safety,” or any other term that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing shall disclose on the outside of each piece of mail and on at least one of the inserts included with each piece of mail in no less than 12-point Roman type, which shall be in a color or print that contrasts with the background so as to be easily legible, the total number of members in the organization identified in the slate mailer or mass mailing.
This bill:
- Provides, with regard to slate mailers and mass mailings that identify themselves or their source material as representing a nongovernmental organization that implies it is composed of, represents, or is affiliated with, any of the aforementioned public safety personnel, the slate mailer organization must disclose on the mailing whether the slate mailer organization actually represents any public safety personnel.
- Requires these slate mailers or mass mailings to disclose the total number of law enforcement, firefighting, emergency medical, or other public safety members in the nongovernmental organization identified in the slate mailer or mass mailing.
- Requires that the aforementioned disclosure shall include one of the following statements:
- If the slate mailer organization represents public safety personnel members: “This organization represents ____ public safety personnel.” The slate mailer organization shall fill in the blank part of the statement with the number of public safety personnel members it represents.
- If the slate mailer organization does not represent public safety personnel members: “This organization does not represent any public safety personnel.”
- Provides that these disclosures must satisfy all of the following requirements:
- Printed in Roman type that is no less than 14-point font.
- Located on the outside of the slate mailer or mass mailing within one-quarter of an inch of the recipient’s name and address.
- Contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box must be in a contrasting color to the background of the slate mailer or mass mailing. The outline of the box shall be in a contrasting color to both the background color of the mailing and the background color of the box. The color of the text of the disclosure shall be in a contrasting color to the background color of the box.
- Defines “member” for the purposes of this bill as any of the following:
- A person who, pursuant to a specific provision of an organization’s articles or bylaws, may vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
- A person designated as a member in the articles or bylaws of a tax exempt organization and who has the right to vote to change the organization’s articles or bylaws or has paid dues to the organization.
- Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
BACKGROUND
Landslide Communications, Inc. v. State of California. Landslide Communications, Inc., a slate mailer organization, brought suit in the United States District Court, challenging the 2013 amendment to the slate mailer provisions of the Political Reform Act that this bill seeks to expand upon. The plaintiffs alleged that it unconstitutionally burdened and chilled protected speech -- specifically, that having to disclose the total number of members in the organization identified in the slate mailer created a distorted message and would have a stigmatizing effect on the public safety oriented organizations that distribute slate mail. Additionally, the plaintiffs alleged that by listing the number of members in the sponsoring organization, they were being forced to include messages that they do not wish to include. After hearing arguments on the parties’ cross-motions for summary judgment, the district court granted the defendants’ motion for summary judgment and denied that of the plaintiff.
COMMENTS
- According to author: Senate Bill 226 strengthens existing disclosure requirements governing the use of public safety logos and public safety messaging by slate mailer organizations for political purposes. The bill ensures that voters can easily identify the disclosures on political mailers and can understand what kind of public safety organization is promoting or supporting the issues therein.
Existing law (Gov. § 84305.7) requires slate mailer organizations that want to use public safety logos on a political mailing to get approval from that entity and to disclose the total number of members in the organization. These disclosures were recently upheld in court, with a finding that the government has a strong interest in ensuring that the public has information about who and what type of entity is speaking before an election.
In recent years, some slate mailers have used images and messages to strongly suggest they are connected to or representing public safety members, even if they have no members. The practice deceives voters into believing that the mailer represents the views of members of the public safety community.
The existing disclaimers do not always give sufficient information to know that the slate mailer is not affiliated with any public safety membership organization and is not representing their views. This vagueness means voters are misled about who is speaking on behalf of public safety in California.
RELATED/PRIOR LEGISLATION
SB 488 (Correa, Chapter 865, Statutes of 2012), required a slate mailer that represents the position of a public safety organization to include specified information about the organization's membership and prohibited the use of a logo of a governmental organization or of specified non-governmental organizations in a slate mailer without the written consent of the organization.
AB 374 (Matthews of 2001), would have required slate mailers that represented the position of a peace officer or firefighter organization to disclose certain information on the organization's membership. AB 374 was approved by the Assembly but subsequently was amended for an unrelated purpose.
POSITIONS
Sponsor: California Professional Firefighters
Support: Peace Officers research Association of California (PORAC)
Oppose: None received
-- END –
Bill Author
Bill Co-Author(s):