BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1814
                                                                  Page  1

          Date of Hearing:   April 18, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1814 (Eng) - As Introduced:  February 21, 2012 

          Policy Committee:                              ElectionsVote:4-2

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires county elections officials to report to the 
          Secretary of State (SOS) on their compliance with various state 
          and federal laws related to providing voters with language 
          assistance. Specifically, this bill:

          1)Requires the elections official, for any precinct where the 
            official is required to post translated sample ballots in a 
            language or languages other than English, to make reasonable 
            efforts to recruit pollworkers who are fluent in those 
            languages. 

          2)Requires every county to submit a report to the Secretary of 
            State (SOS) within 120 days of the statewide primary election 
            regarding the county's plan to comply with applicable federal 
            and state laws and regulations related to providing voters 
            with language assistance, and within 120 days of the general 
            election, to submit an update detailing material changes from 
            the plan submitted before the primary election.

          3)Requires the SOS, within 90 days of each statewide election, 
            to post on the SOS website all reports received pursuant to 
            (2). 

          4)Requires the SOS to issue guidance for a uniform standard 
            report format, and requires a county report to include 
            specified information regarding the county's plan to protect 
            the rights of voters with limited English proficiency. 

          5)Requires the SOS to consult with an advisory body, as 
            specified, develop a list of best practices for elections 
            officials to follow in implementing the applicable federal and 








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            state laws and the SOS's existing training standards for 
            pollworkers, and make these available to elections officials 
            from a central repository. The SOS is to review the best 
            practices annually and update if necessary.

           FISCAL EFFECT  

          1)Annual GF costs of up to $150,000 to the SOS in the first two 
            years for the equivalent of 1.5 positions to develop the 
            uniform reporting format, convene and consult with the 
            advisory body, and develop and make available the best 
            practices. Costs should be less by the third year.

          2)Assuming $4,000 per county for the initial report and 
            follow-up report, statewide reimbursable costs would total 
            about $232,000 in the first year. Ongoing costs would be less 
            than one-half this amount in subsequent election years.

            ÝThe governor's proposed 2012-13 budget would continue the 
            current-year suspension of all six elections-related mandates, 
            including requirements for counties to allow any voter to 
            become a permanent vote-by-mail (VBM) voter and to tabulate 
            VBM ballots by precinct.]

           COMMENTS  

          1)Purpose  . According to the author, poll monitors have observed 
            poll sites failing to meet legal requirements, resulting in 
            voters being unable to exercise their right to vote. Barriers 
            to voting such as complicated voting materials and unfamiliar 
            voting processes contribute significantly to this problem. 
            Various poll sites have failed to provide translated voting 
            materials, bilingual poll workers, trained poll workers, and 
            provide provisional ballot.

          The author intends AB 1814 to improve compliance with state and 
            federal voting rights law by strengthening the SOS's ability 
            to monitor election officials to mitigate barriers and 
            facilitate the ability of limited English-proficient and first 
            time voters.

           2)Standard for Bilingual Precinct Workers  . Existing law requires 
            an elections official to make reasonable efforts to recruit 
            pollworkers who are fluent in a language if three percent or 
            more of the voting-age residents in the precinct are fluent in 








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            that language and lack sufficient skill in English to vote 
            without assistance. Additionally, existing law requires each 
            precinct board to post a copy of the ballot in a language 
            other than English at the polling place if the SOS determines 
            that the number of residents of voting age in the precinct who 
            are members of a single language minority and who lack 
            sufficient skills in English to vote without assistance equals 
            three percent or more of the voting-age residents in the 
            precinct. 

            These two standards are similar, but not identical, which can 
            lead to confusion and inconsistent application. AB 614 
            provides a single standard by requiring the county elections 
            official to make reasonable efforts to recruit pollworkers who 
            are fluent in a language for a precinct whenever the SOS 
            determines that the precinct must post a copy of the ballot in 
            that language.

           3)Prior Legislation  . In 2011, AB 299 (Eng), a substantially 
            similar bill, was never heard in the Assembly Elections and 
            Redistricting Committee. In 2007, AB 614 (Eng), which was also 
            similar, was vetoed by Governor Schwarzenegger, who argued 
            that the bill's reporting requirements were of limited value 
            in light of the state's limited resources.
           
          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081