On April 9, the California Assembly Elections Committee passed AB 1038 on a vote of 5-2. It makes it illegal to pay registration drive workers on the basis of how many registration cards they submit listing any particular party. This would injure the ability of new parties to get on the ballot, or old parties to remain on the ballot. Parties cannot be qualified in California unless they have approximately 110,000 registered members.

The vote was 5-2. All the Democrats voted “Yes” and all the Republicans voted “No.” At the hearing, seven individuals testified against the bill, including members of the Green, Libertarian, and Peace & Freedom Parties. The ACLU of California submitted a letter in opposition to the bill, but the ACLU lobbyist did not testify in person. The legislature passed somewhat similar bills in 2011 and 2012, but both times Governor Jerry Brown vetoed the bill.

Unlike previous years, this year the Secretary of State did not endorse the bill. Barry Brokaw, the lobbyist for the organization of California county election officials, testified in person that the organization has no formal position on the bill, and yet he said the organization does not oppose the bill, a statement that is not logical. The name of that organization is the California Association of County Election Officials, CACEO.