BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AB 149
                                                               Page  1

       ASSEMBLY THIRD READING
       AB 149 (Weber)
       As Amended  May 24, 2013
       Majority vote 

        PUBLIC SAFETY       5-2         ELECTIONS             5-2        
        
        ----------------------------------------------------------------- 
       |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Fong, Bocanegra, Bonta,   |
       |     |Mitchell, Quirk, Skinner  |     |Hall, Perea               |
       |     |                          |     |                          |
       |-----+--------------------------+-----+--------------------------|
       |Nays:|Melendez, Waldron         |Nays:|Donnelly, Logue           |
       |     |                          |     |                          |
        ----------------------------------------------------------------- 

        APPROPRIATIONS      12-5                                        
        
        ----------------------------------------------------------------- 
       |Ayes:|Gatto, Bocanegra,         |     |                          |
       |     |Bradford,                 |     |                          |
       |     |Ian Calderon, Campos,     |     |                          |
       |     |Eggman, Gomez, Hall,      |     |                          |
       |     |Ammiano, Pan, Quirk,      |     |                          |
       |     |Weber                     |     |                          |
       |     |                          |     |                          |
       |-----+--------------------------+-----+--------------------------|
       |Nays:|Harkey, Bigelow,          |     |                          |
       |     |Donnelly, Linder, Wagner  |     |                          |
        ----------------------------------------------------------------- 

        SUMMARY  :  Requires that each county probation department provide  
       voting rights information for incarcerated persons, as specified.   
       Specifically,  this bill  :

       1)Requires each county probation department to either:

          a)   Establish and maintain on its Internet Web site a link to the  
            Secretary of State's Web site that contains where the voting  
            rights guide for incarcerated persons may be found; or,

          b)   Post, in each office where probationers are seen, a notice  
            that contains the Web site address at which the voting rights  
            guide for incarcerated persons may be found.









                                                               AB 149
                                                               Page  2

        EXISTING LAW  :

       1)Requires the Legislature to provide for the disqualification of  
         electors while mentally incompetent or imprisoned or on parole for  
         the conviction of a felony.  

       2)Requires that a person be a U.S. citizen, California resident, not  
         in prison or on parole for the conviction of a felony, and at least  
         18 years of age at the time of the next election to be entitled to  
         register to vote in this state.  

       3)Requires the facility administrator of a local detention facility to  
         develop written policies and procedures whereby the county registrar  
         of voters allows qualified voters to vote in local, state, and  
         federal elections, pursuant to election codes.  

        FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
       minor potentially state-reimbursable local costs to probation  
       departments to create and post Internet links.  Costs are not likely  
       to be sufficient enough to warrant filing reimbursement claims.
        COMMENTS  :  According to the author, "AB 149 would 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 by requiring:  (1)  
       that the Department of Corrections provide every parolee voter  
       registration information upon the completion of their parole; (2) that  
       county probation departments provide every person under their  
       supervision with voter registration information; and (3) that county  
       sheriffs provide voter registration information to every inmate of a  
       county jail. 

       "As of 2010, California ranked 45th in the nation in voter  
       registration.  In the 2012 presidential election, less than 50% of  
       eligible voters in California cast a ballot.  Presently, nearly 6  
       million eligible voters in the state remain unregistered to vote. 

       "Additionally, a study by the Sentencing Project, a Washington  
       research and advocacy group, found that 37 percent of public officials  
       surveyed in 10 states either misstated a central provision of the  
       voter eligibility law or were unsure about what the law said.

       "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  








                                                               AB 149
                                                               Page  3

       recidivism, persons involved in our criminal justice system are not  
       apprised of their voting rights nor is accurate voter information  
       readily accessible to them.  Instead, rumors and misinformation  
       abound, and even from courts, public defenders and elections officials  
       often give out incorrect information about eligibility.  For example,  
       in a phone survey conducted immediately prior to the 2012 presidential  
       election, one in three elections offices, including the Secretary of  
       State's office, could not provide correct information about voting  
       with a felony conviction.

       "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.

       "Policies that result in potential voting disfranchisement of people  
       who have paid their debt to society offend fundamental tenets of  
       democracy.  The problem is only exacerbated when state and local  
       election officials who are most likely misinformed about the law  
       operate based on that misinformation or turn away people who have a  
       legal right to vote.

       "Given the confusion among those responsible for administering the  
       law, it is no surprise that people who are legally entitled to vote  
       either don't try out of fear that they would be committing a crime,  
       have misconceptions as it relates to the law, or are wrongly turned  
       away.

       "By offering voter registration to the thousands of eligible voters  
       who pass through our criminal justice system, the state will be taking  
       an important step toward increasing its dismal voter registration  
       rate.  Additionally, the public welfare and safety of our communities  
       will be enhanced by the civic participation of all eligible voters,  
       which includes those who are attempting to successfully re-enter their  
       communities."

       Please see the policy committee analysis for a full discussion of this  
       bill.
        









                                                              AB 149
                                                               Page  4

       Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 
                                                                   FN: 0000882