BILL ANALYSIS Ó AB 817 Page 1 ASSEMBLY THIRD READING AB 817 (Bonta) As Amended May 14, 2013 Majority vote ELECTIONS 5-2 ----------------------------------------------------------------- |Ayes:|Fong, Bocanegra, Bonta, | | | | |Hall, Weber | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Donnelly, Logue | | | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes county elections officials to appoint a person who is a lawful permanent resident of the United States (U.S.) and who is otherwise eligible to register to vote, except for his or her lack of U.S. citizenship, to serve as a precinct board member. Specifically, this bill : 1)Provides that 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. 2)Permits a nonvoter to be appointed, notwithstanding their lack of eligibility to vote, if the nonvoter possesses the following qualifications: a) Is a lawful permanent resident of the U.S. in accordance with the provisions of the federal Immigration and Nationality Act; and, b) Is otherwise eligible to register to vote pursuant to existing law except for his or her lack of U.S. citizenship. 3)Prohibits a nonvoter appointed to a precinct board pursuant to this bill from being used by the precinct board to tally votes. EXISTING LAW : AB 817 Page 2 1)Provides that a person is entitled to register to vote if that person is a U.S. citizen, a resident of California, 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. 2)Requires a member of a precinct board to be a voter of the state, except if the precinct board member is a pupil, as specified. 3)Requires elections officials to make reasonable efforts to recruit election officers who are fluent in a language if 3% or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance. Requires an elections official, at least 14 days before an election, to prepare and make available to the public a list of the precincts to which officials were appointed as described above and the language or languages other than English in which they will provide assistance. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Over 2.6 million eligible voters in California are not yet fully proficient in English, including 47% of eligible voters who are naturalized. Without language assistance, these citizens face challenges in asserting their right to vote and casting an informed ballot. This assistance includes the recruitment of bilingual individuals to serve as poll workers on Election Day. Many voters with language barriers rely on bilingual poll workers to navigate the voting process. "However, for large counties or counties with new language obligations, the task of recruiting bilingual poll workers can be daunting. As the diversity of the state increases, new tools are needed to ensure that language assistance is available at the polling place and in the voter registration process. AB 817 addresses this need by expanding the pool of available bilingual speakers to serve as poll workers and other election volunteers. AB 817 seeks to replicate the successful high school student poll worker program which a number of counties have used to bolster their poll worker recruitment. AB 817 does not impose any mandates on counties." AB 817 Page 3 Existing law allows a high school student to serve as a precinct board member, despite his or her lack of eligibility to vote, as long as the student is 16 years old at the time of the election, is a U.S. citizen at the time of the election, is in good standing at his or her high school, and has a grade point average of at least 2.5. County elections officials are allowed to recruit up to five student poll workers at each precinct. The provisions of this bill are similar to the requirements in place for student poll workers. This bill seeks to promote civic engagement among residents of the state and provide for additional precinct board members by allowing the elections official to appoint up to five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, despite his or her lack of eligibility to vote, as long as the nonvoter is a lawful permanent resident of the U.S. and is otherwise eligible to register to vote, except for his or her lack of U.S. citizenship. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Nichole Becker / E. & R. / (916) 319-2094 FN: 0000567