BILL ANALYSIS �
AB 149
Page 1
ASSEMBLY THIRD READING
AB 149 (Weber)
As Amended May 24, 2013
Majority vote
PUBLIC SAFETY 5-2 ELECTIONS 5-2
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Fong, Bocanegra, Bonta, |
| |Mitchell, Quirk, Skinner | |Hall, Perea |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Donnelly, Logue |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, | | |
| |Ammiano, Pan, Quirk, | | |
| |Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Bigelow, | | |
| |Donnelly, Linder, Wagner | | |
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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
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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
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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
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Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0000882