BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1311
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          Date of Hearing:   August 27, 2014

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                  AB 1311 (Bradford) - As Amended:  August 18, 2014
                                           
                          CONCURRENCE IN SENATE AMENDMENTS

           
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          |ASSEMBLY:  |57-14|(May 13, 2013)  |SENATE: |34-2 |(August 21,    |
          |           |     |                |        |     |2014)          |
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          SUBJECT  :   Recall elections and voter registration.

           SUMMARY  :   Establishes a process for filling a vacancy in an  
          office that occurs after a recall petition has been filed  
          against the vacating officer and clarifies provisions of law  
          related to voter registration assistance for a conservatee.   
          Specifically,  this bill  :  

          1)Requires the elections official or officials to verify the  
            signatures on the recall petition that have been submitted as  
            of the date of the vacancy.

          2)Provides that if a sufficient number of signatures have been  
            filed for the recall to qualify as of the date of the vacancy,  
            the recall election shall proceed.

          3)Provides that if an insufficient number of signatures or no  
            signatures were filed for the recall to qualify as of the date  
            of the vacancy, the recall shall not proceed and the vacancy  
            shall be filled as provided by law.

          4)Provides that a person who is the subject of a recall petition  
            may not be appointed to fill the vacancy in the office that he  
            or she vacated nor shall that person be appointed to fill any  
            other vacancy in office on the same governing board for the  
            duration of the term of office of the seat that he or she  
            vacated.

          5)Deletes the requirement that any person appointed to fill a  
            vacancy shall hold the office only until a successor is  
            selected.  








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           The Senate amendments  :

          1)Prohibit a person, including a conservatee, from being  
            disqualified from voting on the basis that he or she signs the  
            affidavit of voter registration with mark or a cross, signs  
            the affidavit of voter registration with a signature stamp, or  
            completes the affidavit of registration with the assistance of  
            another person.

          2)Make other corresponding changes.

           AS PASSED BY THE ASSEMBLY  , this bill established a process for  
          filling a vacancy in an office that occurs after a recall  
          petition has been filed against the vacating officer.



           EXISTING LAW  :

          1)Provides that if a vacancy occurs in an office after a recall  
            petition is filed against the vacating officer, the recall  
            election shall proceed.  Provides that the vacancy shall be  
            filled as provided by law, but any person appointed to fill  
            the vacancy shall hold office only until a successor is  
            selected and the successor qualifies for that office.  

          2)Permits a person who is a United States citizen, a resident of  
            California, and at least 18 years of age at the time of the  
            next election to register to vote.

          3)Provides that the Legislature shall prohibit improper  
            practices that affect elections and shall provide for the  
            disqualification of electors while mentally incompetent or  
            imprisoned or on parole for the conviction of a felony.

          4)Permits an individual to receive assistance from another  
            person when completing an affidavit of registration.  Requires  
            any person that assists an individual in completing the  
            affidavit, to sign and date the affidavit below the signature  
            of the affiant.

          5)Requires an individual to certify the content of the affidavit  
            of voter registration as to its truth and correctness, under  
            penalty of perjury, with a signature and the date of signing.   








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            If the individual is unable to write, he or she may instead  
            sign with a mark or cross or use a signature stamp, as  
            specified.  

          6)Prohibits a citizen from being denied the right to vote in any  
            federal, state, or local election conducted in any state or  
            political subdivision of a state because of his or her failure  
            to comply with any test or device.  Defines a "test or device"  
            to include, among other things, any requirement that a person  
            demonstrate the ability to read, write, understand, or  
            interpret any matter.

          7)Provides for voters who need assistance to vote by reason of  
            blindness, disability, or inability to read or write to be  
            given assistance by a person of the voter's choice.

          8)Regulates the terms and conditions of conservatorships and  
            creates various requirements for a court and a court  
            investigator with regard to informing a proposed conservatee  
            that he or she may be disqualified from voting if he or she is  
            not capable of completing an affidavit of voter registration.   
            Requires a person be deemed mentally incompetent and  
            disqualified from voting if a court finds that he or she is  
            not capable of completing an affidavit of voter registration,  
            as specified.

          9)Requires the court, whenever an order establishing a  
            conservatorship is made and in connection with the order it is  
            found that the person is not capable of completing an  
            affidavit of voter registration, to forward the order and  
            determination to the county elections official of the person's  
            county of residence.

           FISCAL EFFECT  :   None. This bill is keyed non-fiscal by  
          Legislative Counsel.



           COMMENTS  :   

           1)Prior Committee Consideration of This Measure  :  In May of last  
            year, this committee considered and approved this measure on a  
            5-1 vote.  At the time, this measure would have established a  
            process for filling a vacancy in an office that occurs after a  
            recall petition has been filed against the vacating officer.   








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            Subsequent to the committee's approval of this measure, it was  
            amended in the Senate to add language to the bill related to  
            voter registration assistance for a conservatee.  As a result,  
            this bill has been re-referred to this committee for further  
            consideration pursuant to Assembly Rule 77.2. 

           2)Purpose of the Bill  :  According to the author:  

               California law specifies circumstances under which a person  
               is disqualified from voting. One of these is a finding by a  
               court that a person is mentally incompetent. Californians  
               with intellectual or developmental disabilities who are  
               placed under conservatorship are evaluated during a court  
               proceeding for mental competency. If the potential voter in  
               question is unable to complete a voter registration  
               application, he or she is disqualified. California's  
               Election Code allows a person to receive assistance when  
               registering to vote, but the allowances are not referenced  
               or included in the statutes regulating conservatorship  
               proceedings. This lack of clarity holds the potential for  
               qualified voters to be disenfranchised.

               [Additionally, questions] have arisen of how current law  
               would be interpreted regarding the timing of a vacancy in  
               an office subject to a recall.  Specifically, concerns have  
               been raised over "musical chairs" gamesmanship, where  
               someone might resign to avoid a recall moving forward then  
               get appointed to another vacancy on the same governing  
               body. Current law provides that if an elected official  
               resigns after a recall petition is filed with the county  
               elections official, the entire recall process, including  
               the requirement that an election be held, must proceed. . .  
               . AB 1311 addresses this conflict by clarifying the process  
               to be followed when the elected official resigns after  
               recall petitions have been filed with a county elections  
               office.  

           3)Conservatee Rights  :  In California, if an adult is unable to  
            manage his or her medical, personal, and financial decisions,  
            a conservator of the person may be appointed.  While a  
            conservator of the person has charge of the care, custody and  
            control of the conservatee, that power is not absolute.   
            According to a form adopted by the Judicial Council entitled  
            Notice of Conservatee's Rights, when a person becomes a  
            conservatee, he or she does not necessarily lose the right to  








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            take part in important decisions affecting his or her property  
            and way of life.  After appointment of a conservator, the  
            conservatee keeps specified rights including the right to vote  
            unless the court has limited or taken that right away.

           4)Voting Rights Complaint :  In July of this year the Disability  
            and Abuse Project of Spectrum Institute filed a formal  
            complaint with the United States Department of Justice's Civil  
            Rights Division against the Los Angeles Superior Court  
            regarding their application of existing state law deeming  
            conservatees ineligible to register to vote if they are not  
            capable of completing an affidavit of voter registration.  The  
            complaint asserts that this practice constitutes a violation  
            of the federal Voting Rights Act's (VRA) prohibition on use of  
            a test or device as a prerequisite for voter registration.   
            The United States Department of Justice has not yet responded  
            to the complaint.

           5)Voter Registration Assistance  :  Article II, Section 2 of the  
            California Constitution permits a person who is a United  
            States citizen, a resident of California, and at least 18  
            years of age at the time of the next election, to register to  
            vote.  Additionally, Article II, Section 4 of the California  
            Constitution provides that the Legislature shall prohibit  
            improper practices that affect elections and shall provide for  
            the disqualification of electors while mentally incompetent or  
            imprisoned or on parole for the conviction of a felony.   
            Moreover, Section 208 of the federal VRA provides that voters  
            who need assistance to vote by reason of blindness,  
            disability, or inability to read or write may be given  
            assistance by a person of the voter's choice.  Section 201 of  
            the VRA provides that no citizen shall be denied the right to  
            vote in any federal, state, or local election conducted in any  
            state or political subdivision of a state because of his or  
            her failure to comply with any test or device.  The VRA  
            defines a "test or device" to include, among other things, any  
            requirement that a person demonstrate the ability to read,  
            write, understand, or interpret any matter.

            Current state law permits an individual to receive assistance  
            from another person when completing an affidavit of voter  
            registration and requires the person that assists the  
            individual in completing the affidavit to sign and date the  
            affidavit, as specified.  Additionally, state law requires an  
            individual to certify the content of the affidavit of voter  








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            registration as to its truth and correctness, under penalty of  
            perjury, with a signature and the date of signing and provides  
            that if the individual is unable to write he or she may  
            instead sign with a mark or cross or use a signature stamp, as  
            specified.  

            This bill ensures federal and state laws related to voter  
            registration assistance are applied equally to any individual  
            who seeks to register to vote.  Accordingly, this bill  
            prohibits a person, including a conservatee, from being  
            disqualified from voting on the basis that he or she signs the  
            affidavit of voter registration with mark or a cross, signs  
            the affidavit of voter registration with a signature stamp, or  
            completes the affidavit of registration with the assistance of  
            another person.  In addition, this bill clarifies provisions  
            of state law that regulate the establishment and review of  
            conservatorships by the court to include references to  
            existing law regarding the completion of an affidavit of voter  
            registration. 
             
          6)Previous Legislation  : AB 2088 (Adams) of 2010, was  
            substantially similar to the recall related portions of this  
            measure except that AB 2088 would have clarified a conflict  
            regarding the number of signatures that need to be verified  
            using a random sampling technique when recall petitions are  
            filed. AB 2088 was vetoed by Governor Schwarzenegger. In his  
            veto message, Governor Schwarzenegger said that "this bill  
            would limit an important power of direct democracy by limiting  
            voters' ability to recall an elected official and elect a  
            replacement. Unfortunately recall efforts can become punitive  
            rather than a constructive effort to replace an officeholder;  
            however, the recall process as a whole is an important  
            component of the people's right to directly change their  
            government. Under the provisions of this bill, an official  
            subject to a recall could resign and allow a successor to take  
            their place. This limits the ability of the voters to select  
            the replacement through a recall election."

           



          REGISTERED SUPPORT / OPPOSITION  :   

           Support 








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          Secretary of State Debra Bowen (sponsor)
          The ARC of Ventura County
          Association of Regional Center Agencies
          California Foundation for Independent Living Centers
          Disability & Abuse Project
          Institute for Ethical Leadership 
          7 Individuals

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Nichole Becker & Lori Barber / E. & R.  
          / (916) 319-2094