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SB-409 Elections: candidate’s statement.(2023-2024)

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Date Published: 08/28/2023 11:56 PM
SB409:v95#DOCUMENT

Amended  IN  Assembly  August 28, 2023
Amended  IN  Assembly  June 26, 2023
Amended  IN  Senate  April 27, 2023
Amended  IN  Senate  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 409

Introduced by Senator Newman

February 09, 2023

An act to add and repeal Sections 85602 and 85603 of the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 409, as amended, Newman. Elections: candidate’s statement.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including voluntary expenditure ceilings for candidates for statewide elective office and for State Senate and Assembly. Existing law authorizes a candidate for statewide elective office who accepts the voluntary expenditure limits to purchase the space to place a statement in a state voter information guide, as specified. Existing law authorizes a candidate for State Senate or Assembly who accepts the voluntary expenditure limits to purchase the space to place a statement in the voter information portion of the county voter information guide, as specified. Existing law authorizes a candidate for United States Representative to purchase the space to place a statement in the voter information portion of the county voter information guide, as specified.
This bill would require the Secretary of State to establish establish, on or before January 1, 2026, a pilot program that would allow a candidate to include a QR code link, as defined, to a video statement in the state voter information guide, as specified. The bill would require the Secretary of State to seek to collaborate with at least 1 but not more than 4 county elections offices from geographically diverse counties to establish a similar program for county voter information guides. The bill would require a participating county to report to the Secretary of State about the effectiveness of the program and for the Secretary of State to provide a report to the Legislature, as specified.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s 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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 85602 is added to the Government Code, to read:

85602.
 (a) (1)The Secretary of State shall shall, no later than January 1, 2026, establish a pilot program that allows does both of the following:
(1) Allows a candidate who is qualified to place a statement in the state ballot pamphlet pursuant to subdivision (a) of Section 85601 of this code or subdivision (i) of Section 9084 of the Elections Code Code, and who submits a statement for inclusion in the state ballot pamphlet, to additionally include in their candidate statement a QR code link to a video statement. statement if the wording for the video statement is identical to the statement approved by the Secretary of State for inclusion in the state ballot pamphlet.
(2) The Requires the Secretary of State shall to seek to collaborate with at least 1 but not more than 4 county elections offices from geographically diverse counties to establish county level pilot programs that allow a candidate who is qualified to place a statement in the voter information portion of the sample ballot pursuant to Section 13307.5 of the Elections Code and subdivision (c) of Section 85601 to additionally include in their candidate statement a QR code link to a video statement. The A county shall not establish a pilot program unless, within three years following the effective date of this act, it notifies the Secretary of State in writing of its intent to establish a pilot program.
(b) The Secretary of State shall adopt regulations for the content of candidate videos in addition to the requirements contained in subdivision (b). (c).

(b)

(c) The following provisions apply to candidate video statements made pursuant to the pilot program established in subdivision (a):
(1) In their video statement, a candidate may identify themselves as a candidate for office and provide a link to their campaign website, but they shall not use props or slogans or make reference to any opponent of the candidate. The entire video statement shall not exceed 250 words.
(2) A candidate shall film their video statement, which shall be in an MP4, MOV, or AVI format, using a blank wall as a background.
(3) A candidate may film their video statement in a participating county elections office or in a place designated by the Secretary of State if the candidate is unable to provide the background, camera, and upload capability themselves.
(4) The Secretary of State and any participating county shall accept a candidate’s video statement complying with this section and shall post it on their respective internet website so that it is accessible via the QR code link in the candidate statement.

(c)

(d) For purposes of this section, “QR code” means a machine-readable code consisting of an array of squares used for storing an internet website address.

(d)

(e) This section shall remain in effect only until the first January 1 that occurs four years after this section becomes operative.

SEC. 2.

 Section 85603 is added to the Government Code, to read:

85603.
 (a) A county that chooses to participate in the pilot program established by Section 85602 shall submit a report to the Secretary of State on or before the first May 1 that occurs after the pilot program is implemented that includes, but is not limited to, includes all of the following:
(1) The number of candidates that chose to include a QR code link to a video statement and the number of candidates that chose not to include a QR code link.
(2) Statistics and information regarding how many voters accessed the video statements.
(3) The cost of implementing the pilot program.
(4) Any other benefits or problems that arose.
(b) A county that was not among the first four counties that sought to collaborate with the Secretary of State shall not establish a pilot program as described in subdivision (a) of Section 85602.

(b)

(c) The Secretary of State shall submit a report to the Legislature on or before January 1 after the first second year the pilot program is implemented and each year thereafter. thereafter that includes all of the following:
(1) The number of candidates that chose to include a QR code link to a video statement and the number of candidates that chose not to include a QR code link.
(2) Statistics and information regarding how many voters accessed the video statements.
(3) The cost of implementing the pilot program.
(4) Any other benefits or problems that arose.
(5) A compilation of county pilot results.

(c)

(d) This section shall remain in effect only until the first January 1 that occurs four years after this section becomes operative.

SEC. 3.

 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.