BILL ANALYSIS �
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Date of Hearing: August 13, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SJR 6 (Yee) - As Introduced: February 25, 2013
SENATE VOTE : 24-11
SUBJECT : The Lines Interfere with National Elections Act of
2013.
SUMMARY : Proclaims the Legislature's support for federal
legislation that is intended to ensure that voters in elections
for federal office do not wait in long lines in order to vote.
Specifically, this resolution :
1)Makes the following findings and declarations:
a) The right to vote is a fundamental right of citizens of
the United States;
b) It is a fundamental principle of our representative
democracy that citizens shall not be required to overcome
unreasonable obstacles in order to exercise their right to
vote;
c) At the presidential election on November 6, 2012, voters
in Florida, Virginia, Ohio, and other states waited in line
for up to seven hours to cast ballots, and some voters were
required to wait in line well after the polls were closed;
d) More than 200,000 voters in Florida likely decided not
to vote in the election held on November 6, 2012, because
of their frustration with long lines;
e) United States Senator Barbara Boxer has introduced in
Congress the Lines Interfere with National Elections Act of
2013 (LINE Act), which would amend the Help America Vote
Act of 2002 (HAVA), to ensure that voters in elections for
federal office do not wait in long lines in order to vote;
f) The LINE Act would require the United States Attorney
General, in consultation with the Election Assistance
Commission (EAC), to issue standards by January 1, 2014,
regarding the minimum number of voting systems, poll
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workers, and other election resources needed on election
day and during early voting periods to prevent a waiting
time of more than one hour at any polling place;
g) The LINE Act would require states where a substantial
number of voters waited longer than 90 minutes to cast a
vote in the presidential election held on November 6, 2012,
or any election for federal office held after that date, to
comply with a remedial plan to minimize the waiting times
of voters and to ensure voters do not face similar delays
in the future; and,
h) An election system with fair access provides the
greatest guard to our rights and liberties.
2)Declares that the Legislature of the State of California
supports the LINE Act and memorializes Congress to pass, and
President Obama to sign, the LINE Act.
EXISTING LAW establishes the EAC, pursuant to HAVA, and provides
for it to serve as a national clearinghouse and resource for the
compilation of information and review of procedures with respect
to the administration of Federal elections.
FISCAL EFFECT : This resolution is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of the Resolution : According to the author:
On Election Day, voters across our state and nation
make their voices heard by electing representatives to
best represent their district and its issues. While
millions of voters easily casted their votes in the
recent presidential election last November, voters in
states like Florida, Ohio and Virginia were faced with
long lines at polling places. So long, in fact, that
in one polling place in Miami, voters waited up to
seven hours before finally having their opportunity to
vote.
Some states suppress their voters by essentially
instituting a "poll tax" on many of their voters, who
are often people of color, seniors, and the working
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poor. For a hotel worker in Florida - who earns $10
per hour - he or she essentially spent $50 to $60 just
to vote. No one should have to take off seven hours of
work just to participate in our democracy.
This bill urges the United States Congress and the
President of the United States to pass Senate Bill 58
- LINE Act of 2013 to ensure that voters have fair
access to the election system and our democracy.
2)LINE Act of 2013 : On January 22, 2013, Senator Barbara Boxer
introduced S. 58, the LINE Act of 2013. Under the provisions
of the LINE Act, as introduced, the United States Attorney
General, in coordination with the EAC to the extent
practicable, would be required to issue standards regarding
the minimum number of voting systems, poll workers, and other
election resources for each voting site on the day of federal
elections and during any period of early voting for federal
elections with the goal of ensuring an equal waiting time for
all voters in each state and to prevent a waiting time of over
one hour at any polling place. States would be required to
comply with these standards beginning September 15, 2014. The
LINE Act provides that the standards developed by the Attorney
General shall take into account factors such as the voting age
population in a jurisdiction, voter turnout in past elections,
the number of registered voters, the number of voters who
registered since the most recent election, census data for the
population served by each voting site, the educational levels
and socio-economic factors of the population served by each
voting site, the needs and numbers of disabled voters and
voters with limited English proficiency, and the type of
voting systems used.
In addition, the LINE Act requires the United States Attorney
General, in coordination with the EAC to the extent
practicable, to identify jurisdictions in which a substantial
number of voters waited more than 90 minutes to cast a vote in
the November 6, 2012 general election, or any election for
federal office held on or after that date. Jurisdictions so
identified by the Attorney General would be required to comply
with a remedial plan, developed by the Attorney General,
designed to minimize the waiting times of voters in the
jurisdiction.
REGISTERED SUPPORT / OPPOSITION :
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Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094