BILL ANALYSIS �
AB 149
Page 1
Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 149 (Weber) - As Amended: April 10, 2013
Policy Committee: Public
SafetyVote: 5-2
Elections 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires provision of voting rights guides and voter
registration affidavits to state parolees, county jail inmates,
and probationers, as specified. Specifically, this bill,
1)Requires the Department of Corrections and Rehabilitation
(CDCR) to provide the most recent version of the Secretary of
State's (SOS) voting rights guide for incarcerated persons and
a voter registration affidavit to every parolee upon
completion of parole.
2)Requires each county jail to provide the most recent version
of the SOS's voting rights guide for incarcerated person to
each inmate, and, at the request of an inmate who is an
eligible voter, a voter registration affidavit.
3)Requires each county probation department to provide the most
recent version of the SOS's voting rights guide for
incarcerated persons to every person under the department's
supervision, and, at the request of a probationer who is an
eligible voter, a voter registration affidavit.
4)Requires state prisons, county jails, and probation
departments to obtain voter registration affidavits from
county election officials and the voting rights guide from the
SOS.
FISCAL EFFECT
1)Annual state GF costs, likely in excess of $150,000, to the
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SOS to provide affidavits and voting rights guides to county
jail and probation officials. This estimate assumes the
equivalent of one-half of a position and copying and mailing
costs for more than 1 million documents.
2)Ongoing state-reimbursable costs, likely in excess of
$150,000, assuming the equivalent of two positions statewide,
for county jail and probation officials to process inmate
requests for voter affidavits, including determining whether
individuals are eligible to vote, and to provide materials
from the SOS.
3)About one million people will be booked and released from
county jails in 2013-14. An additional 20,000 will be
discharged from parole, and there are more than 300,000
persons on probation.
COMMENTS.
1)Rationale . This bill is intended to ensure that persons
involved in the criminal justice system are given accurate
information about their voting rights and are afforded the
opportunity to participate in the civic life of their
communities.
According to the author, "Among the millions of unregistered
voters in California are people who mistakenly believe they
are ineligible to vote due to a criminal charge or conviction.
Despite the fact that civic participation can be a critical
component of re-entry and has been linked to reduced
recidivism, persons involved in our criminal justice system
are not apprised of their voting rights nor is accurate voter
information readily accessible to them?.
"The result is that thousands of eligible voters are
unregistered to vote and effectively deprived of the
opportunity to exercise their fundamental right to vote on
issues critical to them and the lives of their families:
school board races, school funding initiatives, statewide
ballot initiatives, and many other important races that
directly impact their communities. Given the racial
disparities in our criminal justice system, the lack of
accurate voter registration information has a particularly
disparate impact on communities of color in California."
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2)Current law specifies that to be eligible to vote, an
individual must be a U.S. citizen, a resident of California,
not in prison or on parole for the conviction of a felony, not
deemed mentally incompetent, and at least 18 years of age at
the time of the next election.
Current law also requires the facility administrator of a
local jail to develop written policies and procedures whereby
the county registrar of voters allows qualified voters to vote
in local, state, and federal elections. Similarly, when an
inmate or parolee is released from the custody of CDCR, that
person is given a Certificate of Discharge, which includes the
following statement: "An ex-felon becomes eligible to vote
after being discharged from parole. You may obtain a Voter
Registration Card by contacting the Elections Division of the
California Secretary of State's Office at (800) 345-VOTE
(800-345-8683)."
3)Potential Issues/Amendments.
a) Given current law and practice, is it advisable and/or
necessary to create a new state mandate?
b) Is it necessary to provide multiple copies of voter
materials to persons who move from county jail to
probation, as well as to persons who move in and out of the
system several times in one year?
c) It is not clear how CDCR would reach each parole "upon
the completion" of parole. Would this require a
time-specific mailing or visit for the purpose of providing
voter information?
d) It is not clear if the responsibility for providing
copies of the required materials falls to state or local
officials.
4)Support . The Greenlining Institute, a co-sponsor of this bill,
states, "The problem is, current law does not require
probation or parole officers to notify people of their right
to vote. Consequently, former felons often believe they are
ineligible to vote and misinformation is rampant. AB 149 would
promote voting rights by requiring the Dept. of Corrections,
including parole and probation officers, to notify persons
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upon release of their eligibility to vote, and to specifically
provide them with a voter registration affidavit and the guide
to voting rights for inmates and former felons, which is
produced by the Secretary of State. "
5)Prior Legislation . AB 821 (Ridley-Thomas), 2005 was similar to
AB 149. It passed off of this committee's Suspense File and
failed in Senate Elections.
6)Related Legislation : AB 938 (Weber), pending in Assembly
Elections, would specify that state parole, for purpose of
voting rights, does not include a person on post-release
community supervision or mandatory supervision.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081