BILL ANALYSIS Ó AB 193 Page 1 Date of Hearing: March 29, 2011 ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING Paul Fong, Chair AB 193 (Knight) - As Introduced: January 27, 2011 AS PROPOSED TO BE AMENDED SUBJECT : Polling place designation. SUMMARY : Prohibits a single family home from being designated as a polling place if it is the residence of a registered sex offender. Specifically, this bill : 1)Prohibits a single family home from being designated as a polling place if it is the residence of a person who is required to register pursuant to the Sex Offender Registration Act (SORA). 2)Requires elections officials, at a minimum, to consult the database of registered sex offenders that is maintained by the Department of Justice prior to designating a location as a polling place. EXISTING LAW : 1)Generally requires persons convicted of enumerated sex offenses pursuant to SORA to register within five working days of coming into a city or county, with specified law enforcement officials in the city, county, or city and county where he or she is domiciled. 2)Requires the elections official to designate a polling place for each precinct at least 29 days prior to the election. FISCAL EFFECT : Unknown. State-mandated local program; contains reimbursement direction. COMMENTS : 1)Purpose of the Bill : According to the author: Several articles were published this past summer outlining the discovery of polling locations being at the residences of registered sex offenders. When the news station decided AB 193 Page 2 to investigate further, the results were astonishing. It was discovered in a rough search that there were 19 polling places in 5 bay area counties that were listed on Megan's Law website as the residences of sex offenders. . . . Often, at polling locations, high school students volunteer, parents bring their children and there is an expectation of security. When there are so many options available for locations, why would a polling location be placed at the residence of a sex offender? When information regarding sex offender locations is available on a comprehensive public database, the Counties and State should consult it prior to designating a polling place. 2)Author's Amendments : In an effort to address concerns raised by the California Association of Clerks and Election Officials, as described below, and by committee staff, the author is proposing amendments that would limit the application of this bill to situations where a single family home has been designated as a polling place for an election. This analysis reflects those proposed author's amendments. 3)Workload and State Mandates : According to information from the United States Election Assistance Commission, there were more than 15,000 polling places open in California on election day at the 2008 Presidential General Election. Under the provisions of this bill, elections officials would be required to look up every single family home that potentially will be used as a polling place on the state's sex offender registry before designating any of those residences as a polling place. The exact number of polling places that are located at single family residences in a typical election is unknown, and the percentage of polling places located at single family residences varies significantly from county to county, with some counties locating more than 20 percent of polling places at single family homes while other counties do not locate any polling places at single family residences. However, based on a review of polling locations in selected counties for the November 2010 general election, it appears likely that not more than 10 percent of polling places statewide are located at single family residences. The 2011-2012 State Budget that was approved by the Legislature on March 17, 2011, suspends most existing state-mandated local programs as a mechanism for cost savings. Among the mandates AB 193 Page 3 that were suspended were a requirement for counties to allow any voter to become a permanent vote by mail (VBM) voter and a requirement for counties to tabulate VBM ballots by precinct. In fact, all six existing elections-related mandates were suspended in the 2011-2012 budget bill. The Committee may wish to consider whether it is desirable to establish new election mandates on counties when the Legislature has voted to suspend the existing election mandates. 4)Siting of Polling Places : Notwithstanding the author's contention that there are many options available for the siting of polling places, at previous elections, elections officials have reported difficulty in finding a sufficient number of locations for polling places. In particular, elections officials often have trouble locating polling places that are accessible to disabled voters, as required by state and federal law. By potentially limiting the number of locations that are available to be used as polling places, this bill could make it more difficult for elections officials to locate polling places in compliance with state and federal accessibility laws and in locations that are convenient for voters. The proposed author's amendments, however, may mitigate this concern to some degree. 5)Concerns Expressed : Although it has not taken an official position on this bill, the California Association of Clerks and Election Officials has expressed numerous concerns with the introduced version of this bill. In its letter to the author, the Association writes the following: While understanding the concerns prompting the legislation, implementing the proposal would impose an onerous task and ongoing costs on counties. Polling locations would have to be checked prior to each election, as individuals relocate and polling locations change. With approximately 5,000 polling places in Los Angeles County alone, the time and expense to check each location would be significant. . . . In addition, implementation would likely result in decreased access for non-offender voters, as polling places in large apartment complexes or assisted living facilities would be among those most likely to be required to be moved. Further, voters who have been voting at the same location for many years would have to be redirected to another facility in the event a registrant moved into the AB 193 Page 4 facility where the polling place had previously been located. REGISTERED SUPPORT / OPPOSITION : Support California Police Chiefs Association (as introduced) Crimes Victims United of California (as introduced) Opposition None on file. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094