Marc Berman

Marc Berman was raised in Palo Alto, where he graduated from Palo Alto High School and served as student body president; he later served on the Palo Alto City Council and has served in the California State Assembly since 2016. A lawyer, he represents the 23rd Assembly District, encompassing parts of the San Francisco Peninsula and Silicon Valley. He is a member of the California Legislative Progressive Caucus and has taken a pro-housing position that contrasts with the approach of other Palo Alto politicians. His enacted legislation has also addressed manipulated political media and California’s recall process. His record includes both housing policy and rules governing elections and recalls.

BACKGROUND AND FORMATION

Berman was born in Dallas on Oct. 31, 1980, and raised in Palo Alto. At Palo Alto High School, he served as student body president. He earned a bachelor’s degree in political science from Georgetown University in 2002 and later a law degree from the USC Gould School of Law.

While in college, Berman worked in Congresswoman Anna Eshoo’s office and as an analyst in the U.S. Department of Justice Civil Rights Division. After law school, he practiced at Latham & Watkins and Merino Yebri, LLP.

His legal work included pro bono representation for clients seeking protection under the Violence Against Women Act and for people seeking asylum from the Democratic Republic of the Congo. His education and work also included political science, law school, a congressional office, the Justice Department and two law firms. Berman is Jewish.

THE CAREER

Berman served on the Palo Alto City Council before his election to the Assembly. He has remained in the Legislature since 2016 and represents a district encompassing parts of the San Francisco Peninsula and Silicon Valley.

During the redistricting cycle following the 2020 census, Berman and fellow Assemblymember Evan Low were drawn into the same district. Low moved to a neighboring district, averting a primary between the two incumbents. Berman continued representing the 23rd District.

His legislative work has included rules for campaigns and elections. In 2019, he introduced legislation to ban the knowing and malicious distribution of manipulated videos and pictures, commonly called “deepfakes,” that falsely depict the acts or words of a political candidate within 60 days of an election, unless the material includes a disclaimer disclosing that it contains manipulated content. The measure passed the Legislature and was signed into law by Gov. Gavin Newsom.

In 2022, Berman introduced AB 2584, changing California’s recall process. The governor signed it that September. The law raised the number of signatures required on a notice of intention to recall, required public inspection of recall petitions during the 10-day period in which the election office determines whether a petition can be approved for circulation, and allowed a recall election to be consolidated with a regular election scheduled within 180 days after the petition qualified for the ballot.

THE POLICY SIGNATURE

Berman has supported policies intended to encourage housing production in response to California’s housing shortage. His stance contrasts with that of other politicians from Palo Alto who favor policies that slow housing production. He served on the Palo Alto City Council before being elected to the Assembly.

His legislative work also includes measures concerning the terms under which political contests are conducted. The 2019 deepfakes law addressed knowingly and maliciously distributed manipulated images and videos that falsely depict a political candidate’s acts or words within 60 days of an election, while providing an exception for material accompanied by a manipulation disclaimer. AB 2584 raised the signature threshold for a notice of intention to recall, required public inspection of recall petitions during the approval period and allowed recall elections to be consolidated with certain regular elections.

AB 2584 was cited in a city dispute in 2023. That May, the Yucaipa city clerk filed a lawsuit seeking to remove statements described as false from a citizen-initiated petition to recall the mayor and two City Council members. The clerk cited state law, including AB 2584, as allowing the removal of false or misleading statements. The city later offered the recall proponents a settlement to dismiss the lawsuit, but the proposal was rejected in September.

Berman’s documented record includes support for policies intended to encourage housing production, legislation governing manipulated campaign media, and changes to recall notices, petition inspection and election scheduling.