BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1033
                                                                  Page  1

          Date of Hearing:   May 1, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1033 (Donnelly) - As Amended:  April 1, 2013 

          Policy Committee:                              ElectionsVote:6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill conforms state law to federal law by making it a  
          felony, punishable by imprisonment for 16 month, two years, or  
          three years, to provide a reward to a person for voting or to  
          offer to provide a reward to induce a person to vote in a  
          non-federal election. This provision does not include offering  
          someone transportation to a polling place.

           FISCAL EFFECT  

          It is not likely many offenders would serve actual jail time  
          under this bill. By expanding a felony, however, the bill does  
          create the possibility of longer jail terms that could impact  
          future realignment formulae and exacerbate jail overcrowding.

           COMMENTS  

           Background and Purpose  . State law prohibits a person from giving  
          anything of value to a voter for having refrained from voting,  
          but does not 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.

          On the other hand, federal law prohibits a person from making a  
          payment or expenditure to a person for voting in a  federal   
          election, however, these provisions apply only to elections in  
          which a candidate for federal office is on the ballot. These  
          provisions thus apply to most statewide elections, since  
          regularly scheduled statewide elections include congressional  
          races.  The federal prohibitions do not apply for any election  
          without a federal race on the ballot, such as a special election  








                                                                  AB 1033
                                                                  Page  2

          for ballot measures or candidates for state and local office or  
          regularly scheduled local elections not coincident with federal  
          elections.

          AB 1033 simply conforms state law to the federal law in this  
          regard, so the prohibition would apply to all elections held in  
          California.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081