BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 817
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 817 (Bonta)
          As Amended May 14, 2013
          Majority vote 

           ELECTIONS           5-2                                         
           
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          |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
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          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
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          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 


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