BILL ANALYSIS �
AB 1033
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Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1033 (Donnelly) - As Amended: April 1, 2013
SUBJECT : Corruption of voters.
SUMMARY : Prohibits a person from giving anything of value to a
voter to induce the voter to vote or to reward the voter for
voting. Specifically, this bill :
1)Makes it a felony, punishable by imprisonment for 16 months,
two years, or three years, for a person or 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 to or for any other
person, to do either of the following:
a) Induce any voter to vote at an election; or,
b) Reward any voter for having voted at an election.
2)Provides that the provisions of this bill shall not be
interpreted to prohibit a person from offering or accepting
transportation to or from a polling place or another location
where a ballot may be cast.
EXISTING LAW :
1)Makes it a felony for a person, directly or through another
person, to give, offer, or promise any office, place, or
employment, or promise to procure or endeavor to procure any
office, place, or employment to or for any voter, or to or for
any other person, in order to induce that voter at any
election to:
a) Refrain from voting; or,
b) Vote or refrain from voting for any particular person.
2)Makes it a felony for a person, directly or through any other
person, to receive, agree, or contract for, before, during or
after an election, any money, gift, loan, or other valuable
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consideration, office, place, or employment for himself or any
other person because he or any other person:
a) Voted, agreed to vote, refrained from voting, or agreed
to refrain from voting for any particular person or
measure;
b) Remained away from the polls;
c) Refrained or agreed to refrain from voting; or,
d) Induced any other person to remain away from polls,
refrain from voting, or vote or refrain from voting for any
particular person or measure.
3)Makes it a felony 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 to or for any other person to:
a) Induce any voter to:
i) Refrain from voting at any election;
ii) Vote or refrain from voting at an election for any
particular person or measure; or,
iii) Remain away from the polls at an election.
b) Reward any voter for having:
i) Refrained from voting;
ii) Voted for or refrained from voting for any
particular person or measure; or,
iii) Remained away from the polls at an election.
4)Provides that a violation of any of the above felonies shall
be punishable by imprisonment for 16 months or two or three
years.
5)Makes it a federal crime, punishable by no more than two years
in prison, by a fine, or by both a fine and imprisonment, to
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make or offer to make an expenditure to any person in exchange
for that person voting at a federal election or for
registering to vote.
6)Makes it a federal crime, punishable by a fine of not more
than $10,000 or imprisonment not more than five years, or
both, for a person to pay, offer to pay, or accept payment for
registering to vote or for voting in federal elections.
FISCAL EFFECT : Unknown. State-mandated local program; contains
a crimes and infractions disclaimer.
COMMENTS :
1)Purpose of the Bill : According to the author:
In conforming state law to federal law, through
prohibiting ? paying an individual to alter his/her
voting behavior in any election, this bill preserves
the integrity of California's electoral process and
holds [people] responsible for acting in good faith
and in good conscience. This bill also ensures that
voters participate in our democratic system, without
manipulation or perverse incentive.
2)Federal Law : State law prohibits a person from giving
anything of value to a voter for having refrained from voting.
However, state law does not currently prohibit a person from
giving a voter something of value for having voted, or to
induce a voter to vote, provided that such payment is not
dependent on voting for or against a particular person or
candidate.
At least two provisions of federal law, on the other hand,
prohibit a person from making a payment or expenditure to a
person for voting in a federal election. 18 U.S.C. 597
provides that any person who "makes or offers to make an
expenditure to any person . . . to vote" shall be fined,
imprisoned for up to two years, or fined and imprisoned.
Additionally, 42 U.S.C. 1973i provides that any person who
"pays or offers to pay or accepts payment . . . for voting
shall be fined not more than $10,000 or imprisoned not more
than five years, or both."
However, these provisions apply only to elections in which a
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candidate for federal office is on the ballot. As a result,
these provisions apply to most statewide elections, since
regularly scheduled statewide elections include congressional
races. Similarly, the federal law prohibitions would apply to
any special election held to fill a vacancy in the United
States Senate or the United States House of Representatives.
For any election that does not have a federal race on the
ballot, however, these federal prohibitions do not apply. As
such, these provisions would not apply to any special election
at which voters are only considering ballot measures or
candidates for state and local office, nor would they apply to
regularly scheduled local elections that are not held at the
same time as federal elections.
3)Should Inducements Be Prohibited ? As a means of increasing
voter turnout, a campaign or a small business owner will
occasionally offer a small inducement to voters who cast a
ballot. Candidates occasionally have offered food or small
gifts to voters who can prove that they voted in an election,
while restaurant owners and other small business owners
occasionally have offered discounts or free items to voters
who can prove that they voted. Under existing state law, this
inducement can be made only if it is without regard for the
way that the person voted on the candidates and measures that
are on the ballot and if no federal candidate appears on the
ballot. Recent special elections have resulted in low voter
turnout. For example, the March 12, 2013 special primary
election for the 32nd Senate District had just a 9.15 percent
voter turnout. Given the fact that these voter inducements
can only be offered at non-federal elections, when voter
turnout generally is low, is it desirable to restrict creative
attempts to boost voter participation?
4)Previous Legislation : AB 1133 (Niello) of 2009, would have
made it a felony for a person to offer, give, or receive
anything of value in exchange for voting or registering to
vote, or as an inducement for voting or registering to vote.
AB 1133 was approved by this committee, but failed passage in
the Assembly Public Safety Committee.
This bill is similar to AB 2227 (Furutani) of 2008. AB 2227
was approved in the Assembly, but died in the Senate when it
was referred to the Senate Elections, Reapportionment and
Constitutional Amendments Committee and never heard in that
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committee.
AB 929 (Brewer) of 1999, would have prohibited a person from
giving anything of value to a voter to induce the voter to
vote or to reward the voter for voting, and would have
prohibited a person from receiving anything of value in
exchange for having voted. AB 929 failed passage in this
committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094