BILL ANALYSIS Ó
AB 1311
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CONCURRENCE IN SENATE AMENDMENTS
AB 1311 (Bradford)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |57-14|(May 13, 2013) |SENATE: |34-2 |(August 21, 2014) |
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|COMMITTEE VOTE: |5-1 |(August 27, 2014) |RECOMMENDATION: |concur |
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(E. & R.)
Original Committee Reference: E. & R.
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
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vacancy shall hold the office only until a successor is selected.
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.
FISCAL EFFECT : None. This bill is keyed non-fiscal by Legislative
Counsel.
COMMENTS : 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.
California Constitution Article II, Section 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. 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,
the federal Voting Rights Act (VRA) Section 208 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. VRA Section 201 provides that
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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 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. 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.
The Senate amendments add language to the bill related to voter
registration assistance for a conservatee. Specifically, the
amendments 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.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Nichole Becker & Lori Barber / E. & R. /
(916) 319-2094
FN: 0005522
AB 1311
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