BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 554


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          Date of Hearing:  May 13, 2015


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                           Sebastian Ridley-Thomas, Chair


          AB  
                    554 (Mullin) - As Introduced  February 23, 2015


          SUBJECT:  Elections:  precinct board members.


          SUMMARY:  Authorizes an elections official to appoint a pupil,  
          who is a lawful permanent resident of the United States (U.S.),  
          to serve as a precinct board member.  Specifically, this bill  
          provides that a pupil who is a legal permanent resident may be  
          appointed to serve as a precinct board member if the pupil  
          otherwise possesses the qualifications required for a pupil to  
          serve as a precinct board member.


          EXISTING LAW:  


          1)Provides that in order to provide for greater awareness of the  
            election process, the rights and responsibilities of voters,  
            and the importance of participating in the electoral process,  
            as well as to provide additional members of precinct boards,  
            an elections official may appoint no more than five pupils per  
            precinct to serve under the direct supervision of precinct  
            board members designated by the elections official.  Prohibits  
            a pupil appointed to serve as a precinct board member from  
            tallying votes.  Provides that a pupil may be appointed,  
            notwithstanding his or her lack of eligibility to vote,  
            subject to the approval of the governing board of the  
            educational institution in which the pupil is enrolled, if the  
            pupil possesses the following qualifications:









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             a)   Is at least 16 years of age at the time of the election  
               for which he or she is serving as a member of the precinct  
               board;

             b)   Is a U.S. citizen or will be a citizen at the time of  
               the election for which he or she is serving as a member of  
               the precinct board; 

             c)   Is a pupil in good standing attending a public or  
               private secondary educational institution; and,

             d)   Is a pupil who has a grade point average of at least 2.5  
               on a 4.0 scale.





          1)Requires elections officials to make reasonable efforts to  
            recruit elections officials who are fluent in a language if  
            three percent or more of the voting age residents in any  
            precinct are fluent in that language and lack sufficient skill  
            in English to vote without assistance.  Requires the elections  
            official, at least 14 days before an election, to prepare a  
            publicly accessible list of the precincts to which bilingual  
            officials were appointed in order to provide language  
            assistance to those voters lacking sufficient skills in  
            English.



          2)Requires each precinct board to post, in a conspicuous  
            location within the polling place, at least one copy of the  
            ballot with ballot measures and ballot instructions printed in  
            Spanish in counties where the Secretary of State (SOS) has  
            determined it is appropriate.  Requires the ballot to be  
            posted in other languages if a significant and substantial  
            need is found by the SOS. 
          FISCAL EFFECT:  This bill is keyed non-fiscal by the Legislative  
          Counsel.










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          COMMENTS:  


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



          In 2013 the Legislature passed AB 817 (Bonta), which was signed  
          into law by Governor Brown, to allow legal permanent residents  
          to serve as poll workers in California. The bill did not,  
          however, similarly amend the section of law that allows high  
          school students who are at least 16 years of age to serve as  
          poll workers. AB 554 fixes this oversight by allowing high  
          school students who are legal permanent residents to serve as  
          poll workers in California elections. 





          This change is critical because elections officials have  
          experienced a shortage of poll workers who can speak languages  
          other than English. With over 2.6 million eligible voters in  
          California who are not yet fully proficient in English, this  
          poses a problem for elections officials who are charged with  
          ensuring all voters have access to the polls. By further  
          expanding the pool of bilingual poll workers to include high  
          school students who are legal permanent residents, AB 554 helps  
          address this issue. 





          Additionally, the bill provides an educational opportunity for  
          high school-aged legal permanent residents who want to learn  
          about the United States' democratic process, a privilege that  
          already exists for legal permanent residents who are over 18.  
          This opportunity is especially relevant for high school  
          students, as they are already learning about government in  
          civics classes. AB 554 would provide high school-aged legal  
          permanent residents the opportunity to experience American  








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          democracy firsthand, potentially inspiring them to become  
          naturalized voting citizens in the future. 





          2)Student Precinct Board Members: Under existing law a high  
            school student may serve as a precinct board member, despite  
            his or her lack of eligibility to vote, as long as the student  
            is 16 years of age at the time of the election, a U.S. citizen  
            at the time of the election and is enrolled and attending  
            school with a grade point average of at least 2.5.  County  
            elections officials are permitted to recruit up to five  
            student poll workers for each precinct. 



            In 2013 the Legislature passed AB 817 (Bonta), Chapter 162,  
            Statutes of 2013, which authorizes elections officials to  
            recruit and appoint someone who is a legal permanent resident,  
            and otherwise eligible to register to vote except for his or  
            her lack of U.S. citizenship, to serve as a precinct board  
            member. 


            This bill seeks to provide for additional precinct board  
            members who are bilingual by allowing elections officials to  
            appoint students who are legal permanent residents to serve as  
            precinct board members. 


          3)Standard for Bilingual Precinct Workers: Existing law requires  
            an election official to make reasonable efforts to recruit  
            precinct workers who are fluent in a language where three  
            percent or more of the voting age residents in the precinct  
            are fluent in that language and lack sufficient skill in  
            English to vote without assistance.  Existing law additionally  
            requires each precinct board to post a copy of the ballot in a  
            language other than English at the polling place if the SOS  
            determines that the number of residents of voting age in the  
            precinct who are members of a single language minority and who  








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            lack sufficient skills in English to vote without assistance  
            equals three percent or more of the voting age residents in  
            the precinct.



          4)Language Assistance: Under the federal Voting Rights Act, a  
            jurisdiction must provide language assistance when an  
            elections official finds that at least five percent of the  
            total voting age citizens are of a single language group or  
            number at least 10,000 and the rate of English illiteracy is  
            above the national average. Assistance includes the  
            translation of written materials, oral assistance at poll  
            sites and the mailing of a translated sample ballot and  
            statewide voter guide upon request of the voter.



            Under California statute, a county must provide language  
            assistance in election precincts where the SOS determines a  
            need exists.  This is determined when the number of limited  
            English speaking, voting-age residents from a group reaches  
            three percent of the total voting-age residents in a precinct.  
             State provisions require the elections officials to translate  
            the ballot and related instructions and to post the translated  
            materials at those precincts. Elections officials are also  
            required to make reasonable efforts to recruit bilingual poll  
            workers. 





          5)Argument in Support: In support of the bill, Asian Americans  
            Advancing Justice - Sacramento writes:



          Many voters in California are not yet fully proficient in  
          English and encounter difficulty participating in the electoral  
          process without language assistance.  Over 2.6 million eligible  
          voters are limited English proficient (LEP), including over 47%  








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          of eligible voters who are naturalized citizens.  To address  
          this, the Federal Voting Rights Act and state law require  
          jurisdictions across the state to provide language assistance to  
          communities with large numbers of LEP individuals.  In total, 56  
          counties currently have language obligations under federal  
          and/or state law.





          This assistance includes the recruitment of bilingual  
          individuals to serve as poll workers on Election Day.  Many LEP  
          voters rely on bilingual poll workers to navigate the voting  
          process.  However, for large counties or counties with new  
          language obligations, the task of recruiting sufficient numbers  
          of bilingual poll workers can be daunting.  For example, Los  
          Angeles County, which provides assistance in nine languages  
          pursuant to federal law, recruited over 9,300 bilingual poll  
          workers for the November 2012 election.





          Survey data and poll monitoring observations confirm LEP voters'  
          heavy reliance on language assistance and the barriers that LEP  
          voters face when language assistance is unavailable.  Exit poll  
          data for the November 2008 election reveal that 60% of Korean  
          American voters in Los Angeles County used some form of language  
          assistance to cast their ballot, and in the November 2004  
          elections, over 60% of Vietnamese American voters in Orange  
          County relied on language assistance.  By the same token, poll  
          monitors deployed in our election protection efforts have  
          witnessed LEP voters struggle with the process of obtaining and  
          filling out a ballot because of the lack of poll workers able to  
          communicate with them. . .













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          AB 554 is an innovative approach to strengthening the ability of  
          county election officials to provide assistance to LEP voters.   
          Without imposing any mandates, the bill provides counties with  
          an expanded pool of individuals from which they can recruit  
          bilingual poll workers.





          6)Previous Legislation: AB 817 (Bonta), Chapter 162, Statutes of  
            2013, authorized county elections officials to appoint a  
            person who is lawfully admitted for permanent residence in the  
            U.S., and who is otherwise eligible to register to vote except  
            for his or her lack of U.S. citizenship, to serve as a  
            precinct board member. 



            AB 1856 (McPherson), Chapter 337, Statutes of 1996, authorized  
            elections officials to appoint not more than two high school  
            seniors to work in a polling place on election day.  SB 610  
            (Escutia), Chapter 530, Statutes of 2003, created a task force  
            to develop uniform training standards for poll workers and  
            increased the maximum number of student poll workers from two  
            to five.  AB 2671 (Salinas), Chapter 576, Statutes of 2006,  
            deleted the restriction that a student must be a senior to  
            work as a member of a precinct board. 


          REGISTERED SUPPORT / OPPOSITION:


          Support


          Asians and Pacific Islanders for LGBT Equality


          Asian Americans Advancing Justice - Sacramento










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          California Association of Clerks and Elections Officials


          California Immigrant Policy Center


          National Association of Latino Elected and Appointed Officials -  
            Educational Fund


          Santa Clara County Board of Supervisors


          Southeast Asia Resource Action Center


          Southwest Center for Asian Pacific American Law


          Thai Community Development Center







          Opposition


          None on file.


          Analysis Prepared  
          by:              Lori Barber / E. & R. / (916) 319-2094















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