BILL NUMBER: AB 2101	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2010

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 amended, 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  , for a period of up to 5
years,  from receiving money or other consideration for
assisting another person to register to vote.  The bill would
also provide a process to seek reconsideration of the court's order
and to impose civil penalties for a violation of the order. 
   (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  , for a period of up to 5 years,  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.  This bill would also
provide a process to seek reconsideration of the court's order and to
impose civil penalties for a violation of the order.  
   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   no  .


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
 , for a period of up to five years,  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.  
   (b) A person against whom an order is issued may, upon a showing
of good cause, petition the court for reconsideration of the court's
order.  
   (c) A person who violates an order issued by the court pursuant to
subdivision (a) may be subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000). 
  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  , for a
period of up to five years,  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.  
   (b) A person against whom an order is issued may, upon a showing
of good cause, petition the court for reconsideration of the court's
order.  
   (c) A person who violates an order issued by the court pursuant to
subdivision (a) may be subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000). 
  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.