BILL NUMBER: AB 817	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  MAY 14, 2013
	AMENDED IN ASSEMBLY  APRIL 29, 2013

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
States, as specified, 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. The bill would provide that a
nonvoter appointed to serve as a precinct board member is prohibited
from  serving as or performing the duties of the inspector of a
precinct board, or from  being used by the precinct board to
tally votes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12300 of the Elections Code is amended to read:

   12300.  Any voter, or any individual who possesses the
qualifications set forth in paragraph (1) of  subdivision
(c) of Section 12302, may file an application with the elections
official for the position of precinct board member. The elections
official may require the application be made on specific forms
supplied by the elections official.
  SEC. 2.  Section 12302 of the Elections Code is amended to read:
   12302.  (a) Except as provided in subdivisions (b) and (c), a
member of a precinct board shall be a voter of the state. The member
may serve only in the precinct for which his or her appointment is
received.
   (b) (1) In order to provide for a greater awareness of the
elections process, the rights and responsibilities of voters, and the
importance of participating in the electoral process, as well as to
provide additional members of precinct boards, an elections official
may appoint not more than five pupils per precinct to serve under the
direct supervision of precinct board members designated by the
elections official. A pupil may be appointed, notwithstanding his or
her lack of eligibility to vote, subject to the approval of the
governing board of the educational institution in which the pupil is
enrolled, if the pupil possesses the following qualifications:
   (A) Is at least 16 years of age at the time of the election for
which he or she is serving as a member of a precinct board.
   (B) Is a United States citizen or will be a citizen at the time of
the election for which he or she is serving as a member of a
precinct board.
   (C) Is a pupil in good standing attending a public or private
secondary educational institution.
   (D) Is a pupil who has a grade point average of at least 2.5 on a
4.0 scale.
   (2) A pupil appointed pursuant to this subdivision may not be used
by a precinct board to tally votes.
   (c) (1) In order to promote civic engagement among residents of
the state and to provide additional members of precinct boards, an
elections official may appoint not more than five nonvoters per
precinct to serve as precinct board members. A nonvoter may be
appointed, notwithstanding his or her lack of eligibility to vote, if
the nonvoter possesses the following qualifications:
   (A) Is a lawful permanent resident of the United States in
accordance with the provisions of Section 245A of the federal
Immigration and Nationality Act (8 U.S.C. Sec. 1255a).
   (B) Is otherwise eligible to register to vote pursuant to Section
2101 except for his or her lack of United States citizenship.
   (2) A nonvoter appointed to a precinct board pursuant to this
subdivision shall not be  used by the precinct board to tally
votes.   permitted to do either of the following: 

   (A) Serve as, or perform any of the duties of the inspector of, a
precinct board.  
   (B) Tally votes for the precinct board.