BILL NUMBER: AB 915	CHAPTERED  09/17/03

	CHAPTER  390
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	PASSED THE ASSEMBLY  MAY 19, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 20, 2003

   An act to amend Section 18541 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 915, Dutra.  Elections:  polling places.
   Existing law prohibits certain activities within 100 feet of a
polling place with the intent of dissuading another person from
voting.  Violation of this provision is a misdemeanor or felony.
Conspiracy to violate this provision is a felony.
   This bill would add to those prohibited activities photographing,
videotaping, or otherwise recording a voter entering or exiting a
polling place.  By expanding the definition of an existing crime,
this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 18541 of the Elections Code is amended to read:

   18541.  (a) No person shall, with the intent of dissuading another
person from voting, within 100 feet of a polling place:
   (1) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
   (2) Place a sign relating to voters' qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
   (3) Photograph, videotape, or otherwise record a voter entering or
exiting a polling place.
   (b) Any person who violates this section is punishable by
imprisonment in the county jail for not more than 12 months, or in
the state prison.  Any person who conspires to violate this section
is guilty of a felony.
   (c) For purposes of this section, 100 feet means a distance of 100
feet from the room or rooms in which voters are signing the roster
and casting ballots.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.