BILL ANALYSIS                                                                                                                                                                                                    �






                           SENATE COMMITTEE ON ELECTIONS 
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   AB 149              HEARING DATE: 7/2/13
          AUTHOR:    WEBER               ANALYSIS BY:  Frances Tibon  
          Estoista
          AMENDED:   5/24/13
          FISCAL:    YES
          
                                        SUBJECT
           
          Voting rights:  county probation departments

                                      DESCRIPTION  
          
           Existing law  specifies that in order to be eligible to vote, an  
          individual must be a United States 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.  
          
           Existing law  requires the election board of each county, in  
          order to promote and encourage voter registration, to establish  
          a sufficient number of registration places throughout the  
          county, and outside the county courthouse, for the convenience  
          of a person desiring to register to vote.

           Existing law  requires the Secretary of State (SOS) to adopt  
          regulations requiring each county to design and implement  
          programs to identify qualified individuals who are not  
          registered voters and to register those individuals to vote.

           Existing law  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.

           This bill  requires each county probation department to either:

          a) Establish and maintain on its Internet Web site a hyperlink  
             to the SOS's Internet 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 Internet Web site address at which the  
             SOS's voting rights guide for incarcerated persons may be  
             found.








































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                                      BACKGROUND  
          
           Criminal Justice Realignment & Inmate Voting Eligibility  :  In  
          2011, California passed a series of bills known as the Criminal  
          Justice Realignment Act.  Prior to realignment, most felony  
          sentences were served in state prison.  Under realignment,  
          certain lower-level felony offenders, who would have been  
          sentenced to state prison, are now sentenced to serve their time  
          in custody in county jail.  Additionally, after release from  
          custody and depending on the offense and sentence, realignment  
          created the option of an inmate to be released to a term of  
          post-release community supervision (under the control of the  
          local probation department) or mandatory supervision.

          With the enactment of realignment, the SOS's office issued a  
          memorandum to determine its impact on voting eligibility.  The  
          SOS's office concluded that realignment "does not change the  
          voting status of offenders convicted of [realignment]-defined  
          low-level felonies, either because they serve their felony  
          sentences in county jail instead of state prison or because the  
          mandatory supervision that is a condition of their release from  
          prison is labeled something other than 'parole.'  Offenders  
          convicted of [realignment]-defined low-level felonies continue  
          to be disqualified from voting while serving a felony sentence  
          in county jail, while at the discretion of the court serving a  
          concluding portion of that term on county-supervised probation,  
          or while they remain under mandatory 'post release community  
          supervision' after release from state prison."  (Cal. Sect. of  
          State Off., Voter Registration: Status of Persons Convicted  
          Under State's New Criminal Justice Realignment Statutes,  
          Memorandum # 11134 (Dec. 5, 2011).)

          Consequently, the SOS revised the language on the California  
          voter registration form and requires a person to attest under  
          penalty of perjury the following:

             I am a U.S. citizen and will be at least 18 years old on  
             election day.  I am not in prison, on parole, serving a  
             state prison sentence in county jail, serving a sentence  
             for a felony pursuant to subdivision (h) of Penal Code  
             section 1170, or on post release community supervision.   
             I understand that it is a crime to intentionally provide  
             incorrect information on this form.  I declare under  
             penalty of perjury under the laws of the State of  
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             California that the information on this form is true and  
             correct.

          (Cal. Sect. of State Off., Voter Registration:  New Felon  
          Eligibility Language, Memorandum # 13023 (Feb. 25, 2013).)

          Moreover, to reflect the opinion of the SOS's office, the  
          voter's rights guide for incarcerated persons currently states  
          that inmates in county jail serving a state prison sentence or a  
          felony sentence under Penal Code section 1170(h) or on parole,  
          mandatory supervision, or post release are ineligible to vote.
































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                                       COMMENTS  
          
             1.  According to the Author  :  AB 149 aims 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 by requiring each county probation  
              department to do one of the following:  (a) Establish and  
              maintain on the county probation department's Internet Web  
              site a hyperlink to the Internet Web site at which the SOS's  
              voting rights guide for incarcerated persons may be found.   
              (b) Post, in each probation office where probationers are  
              seen, a notice that contains the Internet Web site address  
              at which the SOS's voting rights guide for incarcerated  
              persons may be found.

            In a phone survey conducted immediately prior to the 2012  
              presidential election, one in three elections offices could  
              not provide correct information about voting with a felony  
              conviction.

            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.

            Policies that result in the 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.

            We know that countless reports such as Uggen & Manza's study  
              of voting rights and recidivism as well as Brennan Center  
              for Justice and Democracy's Voting Rights Restoration study  
              have echoed the sentiment that there is a strong correlation  
              between voting and reduced recidivism.  By offering voter  
              registration information 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.
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            AB 149 compliments and enhances current practice by providing  
              accurate voting rights information.  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.

             2.  Related Legislation  :  AB 938 (Weber) 2013, requires the  
              clerk of the superior court in each county, when furnishing  
              the elections official with a list of persons who have been  
              convicted of felonies, to include the last four digits of  
              the social security number (SSN) of each person, if  
              available, along with other specified information.  AB 938  
              is also scheduled to be heard by this Committee today.

              AB 821 (Ridley-Thomas) of 2005, would have required county  
              elections officials to provide affidavits of registration  
              and copies of the "Guide to Inmate Voting" to state and  
              local detention facilities so that those detention  
              facilities could notify specified individuals of their right  
              to vote.  AB 821 failed passage in the Senate Elections,  
              Reapportionment and Constitutional Amendments Committee.

                                     PRIOR ACTION
           
          Assembly Public Safety Committee:              5-2
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Appropriations Committee:           12-5
          Assembly Floor:                              62-13
                                          
                                      POSITIONS  

          Sponsor: Author

           Support: Advancement Project
                    American Civil Liberties Union of California
                    A New PATH (Parents for Addiction Treatment & Healing)
                    Broken No More
                    California Association of Nonprofits
                    California Attorneys for Criminal Justice
                    California Common Cause
                    California Correctional Peace Officers Association
                    California Public Defenders Association
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                    Center for Living and Learning
                    Drug Policy Alliance 
                    Friends Committee on Legislation of California
                    Legal Services for Prisoners with Children
                    Rock the Vote
                    Southwest Voter Registration Education Project
                    Tarzana Treatment Centers, Inc.
                    Taxpayers for Improving Public Safety

           Oppose:  None received

































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