BILL NUMBER: AB 547 AMENDED BILL TEXT AMENDED IN SENATE JUNE 7, 2011 AMENDED IN ASSEMBLY MAY 5, 2011 AMENDED IN ASSEMBLY APRIL 25, 2011 AMENDED IN ASSEMBLY APRIL 7, 2011 AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Gatto FEBRUARY 16, 2011 An act to add Section 18573.5 to the Elections Code, relating to voting. LEGISLATIVE COUNSEL'S DIGEST AB 547, as amended, Gatto. Voting. Existing law permits a voter who is unable to mark a ballot to receive the assistance of not more than 2 persons, selected by the voter, at a polling place. In addition, existing law imposes criminal penalties on specified activities that interfere with another person' s right to vote, including defrauding a voter who cannot read the ballot by deceiving and causing him or her to vote for a candidate that he or she did not intend to vote for. This bill would provide that a person is guilty of a misdemeanor , punishable by a fine not to exceed $10,000 for each vote cast, if he or she, while providing care or direct supervision to an elder, as defined, in a state-licensed or state-subsidized facility or program, coerces or deceives the elder into voting for or against a candidate or measure contrary to the elder's intent or in the absence of any intent of the elder regarding that vote. This bill would impose a state-mandated local program by creating an additional crime. 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 18573.5 is added to the Elections Code, to read: 18573.5. (a)Every person is guilty of a misdemeanor who, whileIt is a misdemeanor, punishable by a fine not to exceed ten thousand dollars ($10,000) for each vote cast, for a person who is providing care or direct supervision to an elder in a state-licensed or state-subsidized facility or program, coerces or deceivesto coerce or deceive the elder into voting for or against a candidate or measure contrary to the elder's intent or in the absence of any intent of the elder regarding that vote. (b) For purposes of this section, "elder" has the same meaning as set forth in Section 15610.27 of the Welfare and Institutions Code. SEC. 2. 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.