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INTRODUCTION
Twenty-one years ago, California voters by an overwhelming margin enacted Proposition 9--the Political Reform Act of 1974--thereby creating one of the most comprehensive and complex campaign and lobbying disclosure laws in the nation.
The law went into effect in 1975 with great expectations that broad dissemination of campaign contribution and lobbying information would result in a better informed electorate, while at the same time inhibiting improper practices.
Now, after more than 20 years of experience and the filing of literally hundreds of thousands of pages of disclosure information, it is time to ask if the law's lofty goals have been achieved and if there might be a more effective and efficient way to accomplish its aims.
Although it is true that vast amounts of information concerning receipts and expenditures in state and local political campaigns have been provided under the law, the availability of this information to the voting public is often restricted. The same is true of lobbying information, which identifies the sources and amounts of money spent influencing state legislative and administrative actions.
The voluminous amounts of receipt and expenditure data mandated by the Political Reform Act are furnished in paper format only at the offices of the Secretary of State in Sacramento, and the county clerks/registrars of voters and city clerks scattered throughout the state. The news media provides voters some highlights from the various campaign disclosure statements filed, but the fact remains that in the critically important preelection time frame, public access to contribution and expenditure information is extremely limited.
Recognizing this serious deficiency, the California State Legislature in 1994 enacted a measure authored by Assembly Member Jackie Speier (AB 3575), which instructed the Secretary of State to study the options for a computerized filing system.1
The Speier bill states: "It is the intent of the Legislature that a system be developed to permit persons required to file reports under the Political Reform Act of 1974 to file all reports electronically or by computer diskette and that this information be made available to the public by online public access computer networks."
The measure requested the Secretary of State to create an advisory committee composed of technical experts, persons involved in filing disclosure reports, and local officials to assist in analyzing electronic filing options and costs, and developing recommendations for the Legislature no later than January 1, 1996.
Secretary of State Bill Jones assumed office in January, 1995, and one of his first official actions was to appoint a 16-member panel of specialists to fulfill the legislative mandate. The panel, under the chairmanship of Chief Assistant Secretary of State Robert Jennings, met on six occasions and examined a number of issues and options related to electronic filing of campaign and lobbying disclosure statements.
The panel concluded that the Secretary of State should sponsor legislation in 1996 calling for a phased-in electronic filing program that would result in all state-level candidates and campaign committees and lobbying entities filing electronically
by the year 2000. The Secretary of State would then establish a site or sites on the largest, nonprofit, nonproprietary computer network and furnish it with the data submitted by filers. Anyone with computer access to the network could, without cost, view and/or retrieve the data.
To achieve its goal:
The panel recommended that a voluntary electronic filing program be encouraged during the 1996 election cycle for filers of campaign statements.
A mandatory pilot program for statewide candidates and ballot measure committees raising $100,000 or more in contributions would begin on January 1, 1997 and continue through the 1998 elections.
Mandatory electronic filing for all state level candidates (Senate, Assembly, etc.) and committees raising or spending $30,000 or more would be imposed starting on January 1, 1999 and extend through the year 2000 elections and thereafter.
Electronic filing of lobbying financial activity would begin on a voluntary basis during the 1997-98 legislative session, and become mandatory beginning with the 1999-2000 session.
The Secretary of State should provide all filers, without charge, a basic software filing package. Filers could obtain more sophisticated software from private vendors. Filings would be transmitted directly to the Secretary of State electronically (not by diskette), and then relayed to the network. It no longer would be necessary to file copies with other election officials. Local jurisdictions could establish their own electronic filing programs, but would be required to follow the basic state format.
The program's development costs are estimated at $540,000, and ongoing yearly costs at $99,000.
If the proposed legislation is enacted, the intent of the Legislature, as expressed in AB 3575, would be achieved. Anyone with a computer or access to a computer--in their homes, places of work, schools, libraries, elections offices--would have at their fingertips the latest, most up-to-date campaign and lobbying financial information. And the voters' intent, as expressed in 1974's Proposition 9, would be fully realized.
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