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 FN: 0000444