BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 441
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 441 (Hall)
          As Amended  April 2, 2009
          Majority vote 

           ELECTIONS      7-0              APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Adams, Bill         |Ayes:|De Leon, Nielsen,         |
          |     |Berryhill, Coto, Mendoza, |     |Ammiano,                  |
          |     |Saldana, Swanson          |     |Charles Calderon,         |
          |     |                          |     |Krekorian, Duvall,        |
          |     |                          |     |Fuentes, Monning, Harkey, |
          |     |                          |     |Miller, John A. Perez,    |
          |     |                          |     |Price, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Prohibits a person, on election day, or at any time  
          that a voter may be casting a ballot, from soliciting a donation  
          of any kind or engaging in commercial activity within 100 feet  
          from the polling place or an elections official's office.   
          Specifically,  this bill  :  

          1)Defines "commercial activity" as any activity or action  
            undertaken only on election day, in whole or in part by a  
            business or an individual whose purpose, in whole or in part,  
            directly or indirectly, is to derive or realize a present or  
            future financial gain for the individual or business.

          2)Provides that a person who solicits a donation or engages in  
            commercial activity within 100 feet from the polling place or  
            an elections official's office when a voter may be casting a  
            ballot is guilty of a misdemeanor. 

           EXISTING LAW  prohibits a person, on election day, or at any time  
          that a voter may be casting a ballot, within 100 feet of a  
          polling place or an elections official's office, from doing any  
          electioneering.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor nonreimbursable costs to local governments for  








                                                                  AB 441
                                                                  Page  2


          enforcement and prosecution, offset to some extent by fine  
          revenues.
           
          COMMENTS  :  According to the author, "AB 441 would expand up on  
          the state's '100 foot rule' to prohibit an individual from  
          soliciting a donation or engaging in commercial activity within  
          100 feet of a polling place on Election Day or at an election  
          official's office.  Voters should be free of any outside  
          influence at a polling place.  Prohibiting these activities will  
          prevent an individual or group from using deceptive means to  
          actively or passively influence a voter and expand upon the  
          spirit of the state's '100 foot rule,' further strengthening  
          California's commitment to a free and fair election process."

          While the term "electioneering" is not defined in the Elections  
          Code, the Secretary of State's office has taken the position  
          that voters who bring information into a polling place that  
          advocates for or against any candidate or measure on the ballot  
          are indeed engaged in "electioneering."  According to the  
          Secretary of State's Elections Investigative Unit, between the  
          periods of 1994 to 2008, there were 48 cases of electioneering  
          reported.  Of the 48 reported cases, two were sent to the  
          District Attorney's office for prosecution with one of the cases  
          ending in prosecution and a conviction in 1997.  During the  
          November 2008 General Election, the agency's election hotline  
          reported 65 complaints of electioneering.  However, most cases  
          were reported and eventually resolved by the counties.  This  
          bill attempts to address the issue of indirect or passive  
          electioneering tactics which could persuade or influence a  
          voter.  The extent to which "passive or indirect electioneering"  
          is a problem is unclear.  


          Analysis Prepared by  :    Qiana Charles & Ethan Jones / E. & R. /  
          (916) 319-2094 




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