BILL NUMBER: AB 2101	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 18, 2010

   An act to add Sections 18112 and 18604 to the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2101, as introduced, Fong. Elections: prohibiting payments.
   (1) Existing law makes certain activities relating to voter
registration a criminal offense.
   (2) This bill would authorize a court, upon finding a person
guilty of engaging in prohibited voter registration activities, to
issue an order prohibiting the person from receiving money or other
consideration for assisting another person to register to vote.
   (3) Existing law makes certain activities relating to the
circulation of an initiative, referendum, or recall petition a
criminal offense.
   (4) This bill would authorize a court to issue an order
prohibiting a person from receiving money or other consideration for
gathering signatures on an initiative, referendum, or recall petition
upon finding the person guilty of violating these provisions.
   Because the bill would make it a crime to violate an order issued
by the court, the bill 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 18112 is added to the Elections Code, to read:
   18112.  (a) In addition to any other penalty imposed by this
chapter, a court may, upon finding a person guilty of violating any
provision of this chapter, issue an order prohibiting that person
from receiving money or other valuable consideration for assisting
another person to register to vote by receiving the completed
affidavit of registration.
   (b) A person who violates an order issued by the court pursuant to
subdivision (a) is guilty of a misdemeanor.
  SEC. 2.  Section 18604 is added to the Elections Code, to read:
   18604.  (a) In addition to any other penalty imposed by this
chapter, a court may issue an order prohibiting a person from
receiving money or other valuable consideration for gathering
signatures on an initiative, referendum, or recall petition upon
finding the person guilty of violating any provision of this article,
Article 2 (commencing with Section 18610), Article 3 (commencing
with Section 18620), Article 5 (commencing with Section 18640),
Article 6 (commencing with Section 18650), or Article 7 (commencing
with Section 18660).
   (b) A person who violates the order issued by the court pursuant
to subdivision (a) is guilty of a misdemeanor.
  SEC. 3.  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.