BILL NUMBER: AB 269	CHAPTERED
	BILL TEXT

	CHAPTER  94
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 29, 2009
	PASSED THE ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 12, 2009

   An act to add Section 18562.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 269, Silva. Elections: corruption of voting.
   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 make it a misdemeanor for a member of the
public observing specified election procedures to willfully engage in
certain conduct to find out the voter's identity or the voter's
ballot choices.
   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.


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

  SECTION 1.  Section 18562.5 is added to the Elections Code, to
read:
   18562.5.  (a) A member of the public is guilty of a misdemeanor
if, while observing any of the following, he or she willfully engages
in any conduct set forth in subdivision (b):
   (1) The processing of vote by mail ballots conducted pursuant to
Chapter 2 (commencing with Section 15100) of Division 15.
   (2) The semifinal official canvass conducted pursuant to Chapter 3
(commencing with Section 15150) of Division 15.
   (3) The official canvass conducted pursuant to Chapter 4
(commencing with Section 15300) of Division 15.
   (4) A recount conducted pursuant to Chapter 9 (commencing with
Section 15600) of Division 15.
   (b) (1) Attempting to ascertain the identity and ballot choices of
a voter, or having observed or learned the identity of a voter,
attempting to ascertain the ballot choices of that voter.
   (2) Opening a provisional or vote by mail ballot envelope
containing a voted ballot in order to ascertain the voter's ballot
choices.
   (3) Making or placing a mark or device on a ballot or secrecy
envelope in an attempt to ascertain the voter's ballot choices.
  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.