BILL NUMBER: AB 1033	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 22, 2013

   An act to amend Section 18522 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1033, as introduced, Donnelly. Corruption of Voters.
   Existing law makes it a crime, punishable by imprisonment as
specified, for a person or a controlled committee, directly or
through any other person or controlled committee, to pay, lend, or
contribute, or offer or promise to pay, lend, or contribute, any
money or other valuable consideration to or for any voter or for any
other person to induce or reward the voter for specified acts,
including refraining from voting at any election, voting or
refraining from voting at an election for any particular person or
measure, and remaining away from the polls at an election.
   This bill, in addition, would make this prohibition applicable to
a political party. The bill would provide that these provisions do
not prohibit a person from offering or accepting transportation to or
from a polling place or other location where a ballot may be cast.
   By expanding the definition of an existing crime, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 18522 of the Elections Code is amended to read:

   18522.   Neither a   (a)   
 A  person  nor   , a political party,
or  a controlled committee shall  not  directly or
through any other person or controlled committee pay, lend, or
contribute, or offer or promise to pay, lend, or contribute, any
money or other valuable consideration to or for any voter or to or
for any other person to:
   (a) Induce any voter to:
   (1) Refrain from voting at any election.
   (2) Vote or refrain from voting at an election for any particular
person or measure.
   (3) Remain away from the polls at an election.
   (b) Reward any voter for having:
   (1) Refrained from voting.
   (2) Voted for any particular person or measure.
   (3) Refrained from voting for any particular person or measure.
   (4) Remained away from the polls at an election. 
   Any person 
    (b)     A person  or candidate
violating this section is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years. 
   (c) This section does not prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.