Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1033

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 amended, Donnelly. Corruption of begin delete Voters end delete begin insert voters end insert .

Existing law begin delete makes it a crime, punishable by imprisonment as specified, for end delete begin insert prohibits end insert a person or a controlled committee, directly or through any other person or controlled committee, begin delete to pay, lend, or contribute, or offer or promise end delete begin insert from paying, lending, or contributing, or offering or promising end insert 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 begin insert , and makes a violation of these prohibitions a crime punishable by imprisonment as specified end insert .

This bill begin delete , in addition, would make this prohibition applicable to a political party end delete begin insert would expand these prohibitions to also apply to inducing or rewarding a voter for the act of voting at an election end insert . The bill would begin delete provide that these provisions do not prohibit end delete begin insert make an exception to these prohibitions, as expanded, for end insert a person begin delete from end delete 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.  

(a) A person begin delete , a political party, end delete 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:

begin delete

(a)

end delete

begin insert (1) end insert  Induce any voter to:

begin delete

(1)

end delete

begin insert (A) end insert  Refrain from voting at any election.

begin delete

(2)

end delete

begin insert (B) end insert  Vote or refrain from voting at an election for any particular
person or measure.

begin delete

(3)

end delete

begin insert (C) end insert  Remain away from the polls at an election.

begin insert

(D) Vote at an election.

end insert begin delete

(b)

end delete

begin insert (2) end insert  Reward any voter for having:

begin delete

(1)

end delete

begin insert (A) end insert  Refrained from voting.

begin delete

(2)

end delete

begin insert (B) end insert  Voted for any particular person or measure.

begin delete

(3)

end delete

begin insert (C) end insert  Refrained from voting for any particular person or measure.

begin delete

(4)

end delete

begin insert (D) end insert  Remained away from the polls at an election.

begin insert

(E) Voted at an election.

end insert

(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.