BILL NUMBER: SB 812 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Correa
( Coauthor: Senator Calderon
)
FEBRUARY 23, 2007
An act to amend Sections 2159.5 and 18108.5 of, and to add Section
18111 18112 to, the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, as amended, Correa. Voter registration: paid registration
activities.
Existing law authorizes any person, company, or other organization
that complies with specified conditions to agree to pay money or
other valuable consideration, on a per-affidavit basis or otherwise,
to any person who assists another person to register to vote by
receiving the completed affidavit of registration.
This bill would prohibit any person, company, or other
organization, except state political parties that reimburse their
central committees and clubs on a per-affidavit basis, from agreeing
to pay money or other valuable consideration on a per-affidavit basis
to any person who assists another person to register to vote by
receiving the completed affidavit of registration, would prohibit the
receipt of this per-affidavit consideration, and would make
conforming changes. A violation of these prohibitions would be
a misdemeanor for each completed affidavit of registration
an infraction, punishable by a fine not to exceed $500
.
Existing law requires an elections official to notify the payor of
a person who assists others to register to vote if three or more
affidavits submitted by the person assisting do not comply with
specified provisions.
This bill would provide that this notification is required when
three or more affidavits submitted by the person assisting each
reflects a violation of one or more of those provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2159.5 of the Elections Code is amended to
read:
2159.5. Any person, company, or other organization that agrees to
pay money or other valuable consideration to any person who assists
another person to register to vote by receiving the completed
affidavit of registration, shall do all of the following:
(a) Maintain a list of the names, addresses, and telephone numbers
of all individuals that the person, company, or other organization
has agreed to compensate for assisting others to register to vote,
and shall provide to each person receiving that consideration a
written statement of that person's personal responsibilities and
liabilities under Sections 2138, 2139, 2150, 2158, 2159, 18100,
18101, 18103, 18106, 18108, 18108.1, and 18108.5. Receipt of the
written statement shall be acknowledged, in writing, by the person
receiving the consideration, and the acknowledgment shall be kept by
the person, company, or organization that agrees to compensate that
person. All records required by this subdivision shall be maintained
for a minimum of three years, and shall be made available to the
elections official, the Secretary of State, or an appropriate
prosecuting agency, upon demand. As an alternate to maintaining the
records required by this subdivision, the records may be filed with
the county elections official, who shall retain those records for a
minimum of three years. The county elections official may charge a
fee, not to exceed actual costs, for storing records pursuant to this
subdivision.
(b) Not render any payment or promised consideration unless the
information specified in Section 2159 has been affixed personally on
the affidavit in the handwriting of the person with whom the
agreement for payment was made.
(c) At the time of submission of affidavits to elections
officials, identify and separate those affidavits into groups that do
and that do not comply with the requirements of Sections 2150 and
2159. A signed acknowledgment shall be attached to each group of
affidavits identifying a group as in compliance with Sections 2150
and 2159, and a group as not in compliance with either Section 2150
or 2159, or both.
(d) Failure to comply with this section shall not cause the
invalidation of the registration of the voter.
SEC. 2. Section 18108.5 of the Elections Code is amended to read:
18108.5. (a) Any person, company, or other organization that
agrees to pay money or other valuable consideration to any person who
assists another person to register to vote by receiving the
completed affidavit of registration who fails to comply with Section
2159.5, is guilty of a misdemeanor, and shall be punished by a fine
not exceeding one thousand dollars ($1,000), or by imprisonment in
the county jail not exceeding six months or, when the failure to
comply is found to be willful, not exceeding one year, or by both
that fine and imprisonment.
(b) Any person, company, or other organization that agrees to pay
money or other valuable consideration to any person who assists
another person to register to vote by receiving the completed
affidavit of registration, upon a third or subsequent conviction, on
charges brought and separately tried, for failure to comply with
Section 2159.5 shall be punished by a fine not exceeding ten thousand
dollars ($10,000), or by imprisonment in the county jail not to
exceed one year, or by both that fine and imprisonment.
(c) An elections official shall notify any person, company, or
other organization that agrees to pay money or other valuable
consideration to any person who assists another person to register to
vote by receiving the completed affidavit of registration, when
three or more affidavits of registration submitted by a person who
assisted others to register to vote each reflects a violation of one
or more of Sections 18100, 18101, 18103, and 18106. The elections
official may forward a copy of each of the noncomplying affidavits of
registration to the district attorney, who may make a determination
whether probable cause exists to believe that a violation of law has
occurred.
(d) This section shall not apply to any public agency or its
employees that is designated as a voter registration agency pursuant
to the National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg), when an elector asks for assistance to register to vote
during the course and scope of the agency's normal business.
SEC. 3. Section 18111 18112 is added
to the Elections Code, to read:
18111. 18112. (a) Any person who
offers to pay or pays money or other valuable consideration to
another person, either directly or indirectly, on a per-affidavit
basis to assist another person to register to vote by receiving the
completed affidavit of registration is guilty of a
misdemeanor an infraction, punishable by a fine not to
exceed five hundred dollars ($500) .
(b) Any person who receives money or other valuable consideration,
either directly or indirectly, on a per-affidavit basis to assist
another person to register to vote by receiving the completed
affidavit of registration is guilty of misdemeanor
an infraction, punishable by a fine not to exceed five hundred
dollars ($500) .
(c) This section shall not apply to any state political party that
reimburses its central committees and clubs on a per-affidavit
basis.
(d) Nothing in this section shall be construed to prohibit payment
for assisting another person to register to vote by receiving the
completed affidavit which is not, either directly or indirectly, on a
per-affidavit basis.
(e) Any person found guilty of violating this section shall be
guilty of a misdemeanor for each completed affidavit of registration.
SEC. 4. 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.