Amended in Assembly May 14, 2013

Amended in Assembly April 29, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 817


Introduced by Assembly Member Bonta

February 21, 2013


An act to amend Sections 12300 and 12302 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 817, as amended, Bonta. Elections officials.

Existing law authorizes an elections official to appoint any voter to serve as a precinct board member, as specified.

This bill would additionally authorize an elections official to appoint a person who is a lawful permanent resident of the United Statesbegin insert, as specified,end insert and who is otherwise eligible to register to vote, except for his or her lack of United States citizenship, to serve as a precinct board member.begin insert The billend insertbegin insert would provide that a nonvoter appointed to serve as a precinct board member is prohibited from being used by the precinct board to tally votes.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 12300 of the Elections Code is amended
2to read:

P2    1

12300.  

Any voter, or any individual who possesses the
2qualifications set forth in subdivision (c) of Section 12302, may
3file an application with the elections official for the position of
4precinct board member. The elections official may require the
5application be made on specific forms supplied by the elections
6official.

7

SEC. 2.  

Section 12302 of the Elections Code is amended to
8read:

9

12302.  

(a) Except as provided in subdivisions (b) and (c), a
10member of a precinct board shall be a voter of the state. The
11member may serve only in the precinct for which his or her
12appointment is received.

13(b) (1) In order to provide for a greater awareness of the
14elections process, the rights and responsibilities of voters, and the
15importance of participating in the electoral process, as well as to
16provide additional members of precinct boards, an elections official
17may appoint not more than five pupils per precinct to serve under
18the direct supervision of precinct board members designated by
19the elections official. A pupil may be appointed, notwithstanding
20his or her lack of eligibility to vote, subject to the approval of the
21governing board of the educational institution in which the pupil
22is enrolled, if the pupil possesses the following qualifications:

23(A) Is at least 16 years of age at the time of the election for
24which he or she is serving as a member of a precinct board.

25(B) Is a United States citizen or will be a citizen at the time of
26the election for which he or she is serving as a member of a precinct
27board.

28(C) Is a pupil in good standing attending a public or private
29secondary educational institution.

30(D) Is a pupil who has a grade point average of at least 2.5 on
31a 4.0 scale.

32(2) A pupil appointed pursuant to this subdivision may not be
33used by a precinct board to tally votes.

34(c) begin insert(1)end insertbegin insertend insert In order to promote civic engagement among residents
35of the state and to provide additional members of precinct boards,
36an elections official may appoint not more than five nonvoters per
37precinct to serve as precinct board members. A nonvoter may be
38appointed, notwithstanding his or her lack of eligibility to vote, if
39the nonvoter possesses the following qualifications:

begin delete

40(1)

end delete

P3    1begin insert(A)end insert Is a lawful permanent resident of the United Statesbegin insert in
2accordance with the provisions of Section 245A ofend insert
begin insert the federal
3Immigration and Nationality Act (8 U.S.C. Sec. 1255a)end insert
.

begin delete

4(2)

end delete

5begin insert(B)end insert Is otherwise eligible to register to vote pursuant to Section
62101 except for his or her lack of United States citizenship.

begin insert

7(2) A nonvoter appointed to a precinct board pursuant to this
8subdivision shall not be used by the precinct board to tally votes.

end insert


O

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