Amended in Senate June 11, 2013

Amended in Assembly May 20, 2013

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 isbegin delete a lawful permanent resident ofend deletebegin insert lawfully admitted for permanent residence inend insert 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:

P2    1

SECTION 1.  

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

3

12300.  

Any voter, or any individual who possesses the
4qualifications set forth in paragraph (1) of subdivision (c) of
5Section 12302, may file an application with the elections official
6for the position of precinct board member. The elections official
7may require the application be made on specific forms supplied
8by the elections official.

9

SEC. 2.  

Section 12302 of the Elections Code is amended to
10read:

11

12302.  

(a) Except as provided in subdivisions (b) and (c), a
12member of a precinct board shall be a voter of the state. The
13member may serve only in the precinct for which his or her
14appointment is received.

15(b) (1) In order to provide for a greater awareness of the
16elections process, the rights and responsibilities of voters, and the
17importance of participating in the electoral process, as well as to
18provide additional members of precinct boards, an elections official
19may appoint not more than five pupils per precinct to serve under
20the direct supervision of precinct board members designated by
21the elections official. A pupil may be appointed, notwithstanding
22his or her lack of eligibility to vote, subject to the approval of the
23governing board of the educational institution in which the pupil
24is enrolled, if the pupil possesses the following qualifications:

25(A) Is at least 16 years of age at the time of the election for
26which he or she is serving as a member of a precinct board.

27(B) Is a United States citizen or will be a citizen at the time of
28the election for which he or she is serving as a member of a precinct
29board.

30(C) Is a pupil in good standing attending a public or private
31secondary educational institution.

32(D) Is a pupil who has a grade point average of at least 2.5 on
33a 4.0 scale.

34(2) A pupil appointed pursuant to this subdivision may not be
35used by a precinct board to tally votes.

36(c) (1) In order to promote civic engagement among residents
37of the state and to provide additional members of precinct boards,
38an elections official may appoint not more than five nonvoters per
P3    1precinct to serve as precinct board members. A nonvoter may be
2appointed, notwithstanding his or her lack of eligibility to vote, if
3the nonvoter possesses the following qualifications:

begin delete

4(A) Is a lawful permanent resident of the United States in
5accordance with the provisions of Section 245A of the federal
6Immigration and Nationality Act (8 U.S.C. Sec. 1255a).

end delete
begin insert

7(A) Is lawfully admitted for permanent residence in the United
8States, as defined in Section 101(a)(20) of the federal Immigration
9and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).

end insert

10(B) Is otherwise eligible to register to vote pursuant to Section
112101 except for his or her lack of United States citizenship.

12(2) A nonvoter appointed to a precinct board pursuant to this
13subdivision shall not be permitted to do either of the following:

14(A) Serve as, or perform any of the duties of the inspector of,
15a precinct board.

16(B) Tally votes for the precinct board.



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