AB1914- Torrico

[Sandman]

AB 1914 appears to be aimed at stopping cheating and dishonesty in the circulation of petitions, referendums and recall petitions. Part of the penalty for a dishonest act appears to disenfranchise all the people whose signatures that the collector obtained. Why penalize all the citizens who signed, due to a misdeed by the collector? If a person complains, then let that signature be deleted but do not disenfranchise everyone else. If the petition gets to the ballot, we get to vote on the issue based on the "True" facts presented by the proponents and the opponents.
I see this as another attempt by the California Legislature to get rid of our right to petition the government's actions we don't agree with. Why stop there? DEMAND HONESTY in all areas of political and government activities.
Below is the header to the Legislative Council's summary of the bill. If you’re interested you can read this and the complete bill on:

http://www.assembly.ca.gov/acs/acsframeset2text.htm

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BILL NUMBER: AB 1914 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Torrico

FEBRUARY 8, 2008

An act to add Sections 18604 and 18605 to the Elections Code,
relating to initiatives.


LEGISLATIVE COUNSEL'S DIGEST
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Sandman

[AyatollahGondola]

Yeah, I don't like where this is going either. It would be too easy for the Attorney General to hammer the collector with litigation. The initiative process was designed to give citizens a safety valve, and with this weapon, the AG can squelch the process. Signature collectors can still be prosecuted under other sections of the penal code without compromising the process. What's interesting is the Attorney General and the Secretary of State have zero problem with the loose voter registration rules, but want an extreme control on voters writing laws of their own.

BILL NUMBER: AB 1914 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Torrico

FEBRUARY 8, 2008

An act to add Sections 18604 and 18605 to the Elections Code,
relating to initiatives.


LEGISLATIVE COUNSEL'S DIGEST


AB 1914, as introduced, Torrico. Initiatives, referendum, and
recall petitions.
(1) Existing law provides that it is a misdemeanor for a person
circulating an initiative, referendum, or recall petition, to
intentionally misrepresent or make any false statement concerning the
contents or purported effect of the initiative, referendum, or
recall petition to obtain a signature or to make any false statement
with regard to whether the circulator is a paid signature gatherer or
volunteer.
This bill would provide that if a person is found guilty of
violating these provisions, the signatures obtained by that person
shall be deemed invalid. The bill would require the proponent of the
initiative, referendum, or recall petition to notify the signer of
the petition, by either first class mail or telephone, that the
signature of the signer is invalid and specify the reason why the
signature is invalid.
(2) Existing law also makes it a misdemeanor for any person
working for the proponent or proponents of an initiative, referendum,
or recall petition to refuse to allow a prospective signer to read
the measure or petition, to obscure the summary of the measure, or to
offer or give money or other valuable consideration in exchange for
a signature.
The bill would provide that if a proponent of a statewide
initiative, referendum, or recall petition has knowledge of a
violation relating to the circulation of a statewide initiative,
referendum, or recall petition committed by a person obtaining
signatures on the proponent's petition, and the proponent fails to
notify the Secretary of State, the proponent of the petition would be
subject to a civil penalty up to $1,000. The bill would require the
Attorney General to enforce the provisions regarding the civil
penalty.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 18604 is added to the Elections Code, to read:
18604. When a person is found guilty of a misdemeanor pursuant to
Section 18600, both of the following shall apply:
(a) The signatures obtained by that person shall be deemed
invalid.
(b) The proponent or proponents of a statewide initiative,
referendum, or recall petition shall notify the signer, by either
first class mail or telephone, that the signature of the signer is
deemed invalid and the reason why the signature is deemed invalid.
SEC. 2. Section 18605 is added to the Elections Code, to read:
18605. (a) If a proponent of a statewide initiative, referendum,
or recall petition has knowledge of a violation of Sections 18600 to
18604, inclusive, committed by a person obtaining signatures on the
proponent's petition, and the proponent subsequently fails to provide
the notice described in subdivision (b), the proponent of the
petition shall be subject to a civil penalty in an amount not
exceeding one thousand dollars ($1,000).
(b) A proponent shall not be liable under subdivision (a) if the
proponent notifies the Secretary of State in writing no later than
one business day after the proponent obtains knowledge of a potential
violation. The notice shall state all of the following:
(1) That a potential violation has occurred.
(2) The nature of the potential violation.
(3) All specific information known to the proponent regarding the
potential violation.
(c) If a statewide initiative, referendum, or recall petition has
more than one proponent, each proponent with knowledge may be held
liable under subdivision (a).
(d) The Attorney General shall be responsible for enforcing this
section.