BILL NUMBER: AB 1399 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Anderson
FEBRUARY 27, 2009
An act to add Section 14218.3 to the Elections Code,
relating to elections. An act to add Section 24059 to
the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1399, as amended, Anderson. Elections: voting
identification. Elected county officials.
Existing provisions of the California Constitution prohibit the
Legislature from making any gift of public money or thing of value to
any person, and this prohibition applies to local government.
Existing law specifies the duties of various elected county
officials.
This bill would prohibit any elected county official from hiring
or employing any immediate family member, as defined, if that
immediate family member would serve under direct supervision of the
elected county official. The bill would also specifically prohibit an
elected county official from making a gift of public funds or
property to any person without consideration.
Existing law requires a person desiring to vote to announce his or
her name and address to a precinct board member and to write them on
the roster of voters.
This bill would require a voter, in addition, to present proof of
his or her identity and residency to a member of the precinct board
before receiving a ballot. It would specify the documents that may be
used for this purpose and would authorize any other form of
identification that the Secretary of State determines to be
appropriate. It would permit a voter who is unable to present proof
of identity or residency to cast a provisional ballot.
Because the bill would require county elections official to
develop procedures to implement this bill and to perform additional
duties, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24059 is added to the
Government Code , to read:
24059. (a) An elected county official shall not hire or employ
any immediate family member if that immediate family member would
serve under direct supervision of the elected county official.
(b) An elected county official shall not make a gift of public
funds or property to any person, without consideration.
(c) For purposes of this section, "immediate family member" means
an elected county official's spouse, child, sibling, or parent.
SECTION 1. Section 14218.3 is added to the
Elections Code, to read:
14218.3. (a) A voter shall present proof of his or her identity
and residency to a member of the precinct board before receiving a
ballot.
(1) Proof of identity may be established by presenting any of the
following documents:
(A) A California driver's license.
(B) A California identification card.
(C) A valid voter registration card.
(D) A sample ballot pamphlet for the election with the voter's
name and address printed thereon by the county elections official.
(E) A military identification card.
(F) A Certification of Citizenship issued by the Bureau of
Citizenship and Immigration Services.
(G) A copy of a birth certificate.
(H) Any other form of identification that the Secretary of State
determines to be appropriate.
(2) Proof of residency may be established by presenting any of the
following documents:
(A) A California driver's license.
(B) A California identification card.
(C) A valid voter registration card.
(D) A sample ballot pamphlet for the election with the voter's
name and address printed thereon by the county elections official.
(E) A current utility or telephone bill or stub showing the
correct name and address.
(F) Any other form of identification that the Secretary of State
determines to be appropriate.
(b) The county elections official shall develop procedures to
implement this section in a manner that imposes the least burdensome
requirements upon voters.
(c) A voter who is unable to present proof of his or her identity
or residency as required by this section shall be entitled to vote a
provisional ballot, as provided in Section 14310.
SEC. 2. (a) The Legislature finds that the
procedure under current law requiring a voter to announce his or her
name to a precinct board member before receiving a ballot and
allowing a precinct board member to challenge a potential voter on
specified grounds is insufficient to ensure against voting fraud
because the potential for, and consequences of, abuse are too great.
(b) The Legislature has investigated many other methods to
eliminate voting fraud, and finds that each of the other methods is
more drastic than the method proposed by this act. Because the
current law is ineffective to ensure against voting fraud, the
Legislature finds that the method proposed by this act is the least
drastic means available.
(c) The Legislature finds that Section 1 of this act is necessary
to protect the integrity of the voting process, and by establishing
additional procedures to reduce voting fraud, this act serves a
compelling state interest and its provisions are narrowly tailored to
achieving these objectives.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.