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