California Legislature Passes Bill Prohibition Per-Signature Payment for Initiatives

On July 14, the California Assembly passed SB 168, which prohibits paying people to circulate initiative, referendum and recall petitions on a per-signature basis. Similar laws in five other states have been declared unconstitutional. No Republican voted for the bill, and two Democrats voted against it. Now the bill goes to the Governor.

SB 205, a bill to outlaw paying voter registration workers on a per-registration basis, has a hearing in the Assembly Appropriations Committee on August 17.

California Badge Bill Amended to Exempt Volunteer Circulators

On July 14, a California bill to require that initiative, referendum and recall petitioners must wear buttons was amended. The bill originally required volunteers to wear a badge saying “volunteer circulator” but now the bill does not require volunteers to wear any badge. As amended, the bill still requires paid circulators to wear a badge saying “paid circulator.”

The bill was originally written to apply to all petitioners, because the U.S. Constitution protects the right of people to be paid to circulate petitions. The bill originally covered every circulator, because of the principle that people can’t be penalized for exercising constitutional rights. Now that the bill has been amended, it may be unconstitutional because it treats different types of petitioner differently.

U.S. District Court Enjoins Washington State Contribution Limit to Recall Campaigns

On July 15, a U.S. District Court in Washington state issued an injunction against a state law that says no one may contribute more than $800 to a recall campaign. The case is Farris v Seabrook, w.d., 11-5431. The case turned on the point that there is no evidence that the plaintiffs, who have been trying to recall the Pierce County Assessor-Treasurer, were tied to any particular potential candidate for that office. Thanks to Rick Hasen for the news.

Write-In Counting Bill Passes California Legislature

On July 14, the California legislature passed AB 461, which says that write-ins are valid even if the voter forgot, or didn’t know, to “X” the box next to the name written in. The legislature had passed a similar bill several years ago, but Governor Arnold Schwarzenegger had vetoed it.

Write-ins are still important in California primaries, and for non-partisan elections, and for President.

California Legislature Passes National Popular Vote Plan Bill

On July 14, the California legislature passed AB 459, the National Popular Vote plan bill. Governor Jerry Brown is expected to sign it. It had been amended slightly in the Senate, but the Assembly passed the amended version shortly after the Senate vote. Thanks to John Koza and Thomas Jones for this news.

Only one Republican voted for it in the Assembly, and no Senate Republicans voted for it. The bill had passed the California legislature in the past, but Governor Arnold Schwarzenegger had vetoed it.