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 AB 1814 Page 2 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 AB 1814 Page 3 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