California SB 168 to Criminalize Some Paid Signature Gatherers

Why is the California legislature in favor of SB 168, which would make the use of hired signature gatherers illegal? And why are "Californians Against Identity Theft," who are blitzing the L.A. talk radio audience, spreading misinformation about the petition process? Will Gov. Jerry Brown sign it?

The legislature presented SB 168 to Gov. Brown on July 19. If signed, the bill makes it illegal to work as a paid signature gatherer. It also criminalizes the act of paying a person for gathering signatures. Other forms of compensation are forbidden as well. Since California's ballot process is primarily initiative, referendum or recall driven, grassroots organizations now face a $25,000 fine or one-year term of county imprisonment. The signature gatherer, who receives compensation based on the number of signatures gathered, is subject to a $1,000 fine or a six-month prison term.

It is noteworthy that it is not illegal to pay a signature gatherer by the hour; however -- as pointed out by the Mercury News -- this mode of doing business adds quite a bit of expense to the signature gathering process. Benefiting from this proposed law are unions, whose member represent legions of volunteers, as well as well-heeled special interest groups that have the funds needed to mobilize a large number of salaried gatherers.

Left out are the grassroots organizations whose members are not as numerous and hold down jobs without union-mandated time off privileges. Keep in mind that signature gathering is limited to a 150-day time frame. Getting volunteers to pound the pavement in this short period of time is difficult, if not impossible -- at least for grassroots groups.

John Matsusaka, who is the president of the Referendum and Initiative Institute at the University of Southern California, told the Alaska Dispatch that "I have never seen evidence that signature fraud is enough of a problem '" and if it was, this wouldn't change that. -- It's ironic that the reformers are unhappy that the process is dominated by rich groups, this will require that initiative backers be even more rich [sic]."

Will SB 168 really cut down on fraud, as those who champion the law pointed out? There is no hard data to support the allegation.

Another interesting development is the introduction of "Californians Against Identity Theft," an organization that has taken out air time ads on KABC and KFI talk radio. The ad suggests -- incorrectly! -- that signing a petition may very well lead to identity theft. How will a signature gatherer -- even a paid one -- benefit from receiving the type of information that is public record to anyone with a phone book?

The Fresno Bee reveals that State Building and Construction Trades Council of California President Bob Balgenorth has played an important role with launching the group, but he refuses to give out more information about other backers. When talking about signature gatherers, he is quite vociferous in his dislike. "They're all paid bounty hunters who go out and just gather a signature for a fee. For me, the goal would be that there's some accountability for stuff like that.... I think the whole initiative process needs to be looked at," Balgenorth opined.

Another case of California politics -- at its worst?

Sylvia Cochran is a Los Angeles area resident with a firm finger on the pulse of California politics. Talk radio junkie, community volunteer and politically independent, she scrutinizes the good and the bad from both sides of the political aisle.