BILL NUMBER: AB 269	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 12, 2009

   An act to amend Section 18562 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 269, as introduced, Silva. Elections: ballots.
   Existing law makes it a misdemeanor for a precinct board member,
before placing a ballot into the ballot box, to attempt to learn the
name on a ballot or to take other specified actions to obtain
information from the ballot.
   This bill would also apply this prohibition to a poll worker, poll
observer, post-election poll monitor, and canvass observer, and
extend the prohibition until the final certification of the statement
of votes.
   Because the bill creates new crimes, it 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.
   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 18562 of the Elections Code is amended to read:

   18562.   Every   A  member of a precinct
board  , a poll worker, a poll observer, a post-election poll
monitor, or a canvass observer  is guilty of a misdemeanor
 who   if  , prior to  putting the
ballot of a voter in the ballot box   the final
certification of the statement of votes  ,  he or she 
commits any of the following  acts  :
   (a) Attempts to find out  any   the 
name  of a voter  on  the   a 
ballot  that has been handed in   by the voter  .
   (b) Opens or suffers to be opened or examined the folded ballot of
any voter  which   that  has been handed
in.
   (c) Makes or places  any   a  mark or
device on any folded ballot with a view to ascertaining the name of
any person for whom the voter has voted.
  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.