Amended in Assembly January 4, 2016

Amended in Assembly April 22, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1494


Introduced by Assembly Member Levine

(Coauthors: Senators Allen and McGuire)

February 27, 2015


begin deleteAn act to amend Section 85500 of, and to add Section 12179.2 to the Government Code, relating to the Political Reform Act of 1974. end deletebegin insertAn act to amend Sections 14291, 18403, 18564, and 18564.5 of, and to repeal Section 14276 of, the Elections Code, relating to voting.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1494, as amended, Levine. begin deletePolitical Reform Act of 1974: independent expenditure report annual fee. end deletebegin insertVoting: marked ballots: distributing and sharing photographs and digital images.end insert

begin insert

Existing law prohibits a voter from showing his or her ballot after it is marked in such a way as to reveal its contents. Existing law provides that a person who interferes or attempts to interfere with the secrecy of voting is guilty of a felony, and authorizes the Secretary of State, the Attorney General, or a local elections official to bring an action to impose additional civil penalties for committing those acts.

end insert
begin insert

This bill would authorize a voter to take a photograph or digital image of his or her marked ballot and distribute or share that photograph or digital image using social media or by any other means, unless the voter does so for certain prohibited purposes. The bill would exempt these authorized acts from the criminal and civil penalties described above. The bill would also repeal a duplicative provision.

end insert
begin insert

Under existing law, any person other than an elections official or a member of the precinct board who receives a voted ballot from a voter or who examines or solicits the voter to show his or her voted ballot is guilty of an offense punishable by a fine, imprisonment, or by both fine and imprisonment. Existing law exempts from this crime a person returning a vote by mail ballot or persons assisting a voter.

end insert
begin insert

The bill would also exempt from that crime a person examining or soliciting a voter to show a photograph or digital image of his or her marked ballot that has been distributed or shared using social media or by other means.

end insert
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Existing law designates the Secretary of State as the chief elections officer of the state and requires him or her to see that elections are efficiently conducted and that state election laws are enforced. Existing law also authorizes the Secretary of State in certain circumstances to assist the county elections officer in discharging his or her duties.

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The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the filing of reports of contributions and expenditures. Among its provisions, the act requires a committee that makes an independent expenditure, as defined, of $1,000 or more during an election cycle in connection with a candidate for elective state office or a state ballot measure to disclose that expenditure by filing a report online or electronically with the Secretary of State.

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This bill would require a committee subject to the independent expenditure disclosure requirement to pay to the Secretary of State, within 5 days of filing an independent expenditure report, an annual reporting fee in an amount based on the amount that the committee declares that it will spend in each 2-year election cycle, as defined. The bill would require those fees to be deposited into a Civic Engagement Fund created by the bill. The bill would, upon appropriation by the Legislature, require the Secretary of State to allocate the funds in the Civic Engagement Fund for the costs of oversight of committees filing the independent expenditure reports, to the Fair Political Practices Commission for the purpose of increasing transparency in political campaigns, and to local elections offices, through a competitive grant program, to increase voter registration and turnout.

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Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subject offenders to criminal penalties.

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This bill would impose a state-mandated local program by creating additional crimes.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements.

end delete
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This bill would declare that it furthers the purposes of the act.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14276 of the end insertbegin insertElections Codeend insertbegin insert is repealed.end insert

begin delete
2

14276.  

After his or her ballot is marked, a voter shall not show
3it to any person in such a way as to reveal its contents.

end delete
4begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 14291 of the end insertbegin insertElections Codeend insertbegin insert is amended to
5read:end insert

6

14291.  

begin insert (a)end insertbegin insertend insert After the ballot is marked, a voter shall not show
7it to any person in such a way as to reveal itsbegin delete contents.end deletebegin insert contents,
8except as provided in subdivision (b).end insert

begin insert

9(b) A voter may take a photograph or digital image of his or
10her marked ballot and distribute or share the photograph or digital
11image using social media or by any other means. A photograph
12or digital image taken and distributed or shared pursuant to this
13subdivision shall not be used to coerce or intimidate a voter,
14impede a voter’s ability to vote, cause voter delay in a polling
15place, disrupt a polling place, or result in a monetary or tangible
16benefit for any purpose.

end insert
17begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18403 of the end insertbegin insertElections Codeend insertbegin insert is amended to
18read:end insert

19

18403.  

Any person other than an elections official or a member
20of the precinct board who receives a voted ballot from a voter or
21who examines or solicits the voter to show his or her voted ballot
22is punishable by a fine not exceeding ten thousand dollars
23($10,000), by imprisonment pursuant to subdivision (h) of Section
P4    11170 of the Penal Code for 16 months or two or three years, or in
2a county jail not exceeding one year, or by both that fine and
3imprisonment. This sectionbegin delete shallend deletebegin insert doesend insert not apply to persons
4returning a vote by mail ballot pursuant to Sections 3017 andbegin delete 3021
5orend delete
begin insert 3021, toend insert persons assisting a voter pursuant to Sectionbegin delete 14282.end delete
6begin insert 14282, or to persons examining or soliciting a voter to show a
7photograph or digital image of a ballot that has been distributed
8or shared pursuant to subdivision (b) of Section 14291.end insert

9begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18564 of the end insertbegin insertElections Codeend insertbegin insert is amended to
10read:end insert

11

18564.  

Any person is guilty of a felony, punishable by
12imprisonment pursuant to subdivision (h) of Section 1170 of the
13Penal Code for two, three, or four years who, before or during an
14election:

15(a) Tampers with, interferes with, or attempts to interfere with,
16the correct operation of, or willfully damages in order to prevent
17the use of, any voting machine, voting device, voting system, vote
18 tabulating device, or ballot tally software program source codes.

19(b) Interferes or attempts to interfere with the secrecy ofbegin delete votingend delete
20begin insert voting, except as provided in subdivision (b) of Section 14291,end insert or
21ballot tally software program source codes.

22(c) Knowingly, and without authorization, makes or has in his
23or her possession a key to a voting machine that has been adopted
24and will be used in elections in this state.

25(d) Willfully substitutes or attempts to substitute forged or
26counterfeit ballot tally software program source codes.

27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18564.5 of the end insertbegin insertElections Codeend insertbegin insert is amended to
28read:end insert

29

18564.5.  

(a) The Secretary of State, Attorney General, and
30any local elections official in the county in which the act occurs,
31may bring a civil action against an individual, business, or other
32legal entity that commits any of the following acts before, during,
33or after an election:

34(1) Tampers, interferes, or attempts to interfere with the correct
35operation of, or willfully damages in order to prevent the use of,
36any voting machine, voting device, voting system, vote tabulating
37device, or ballot tally software.

38(2) Interferes or attempts to interfere with the secrecy ofbegin delete votingend delete
39begin insert voting, except as provided in subdivision (b) of Section 14291,end insert or
P5    1interferes or attempts to interfere with ballot tally software program
2source codes.

3(3) Knowingly, and without authorization, gains access to or
4provides another person or persons with access to a voting machine
5for the purpose of committing one of the acts specified by this
6section.

7(4) Willfully substitutes or attempts to substitute forged,
8counterfeit, or malicious ballot tally software program source
9codes.

10(5) Knowingly, and without authorization, inserts or causes the
11insertion of uncertified hardware, software, or firmware, for
12whatever purpose, into any voting machine, voting device, voting
13system, vote tabulating device, or ballot tally software.

14(6) Fails to notify the Secretary of State prior to any change in
15hardware, software, or firmware to a voting machine, voting device,
16voting system, or vote tabulating device, certified or conditionally
17certified for use in this state.

18(b) A civil action may be brought pursuant to this section for a
19civil penalty not to exceed fifty thousand dollars ($50,000) for
20each act and for injunctive relief, if appropriate.

begin delete
21

SECTION 1.  

Section 12179.2 is added to the Government
22Code
, to read:

23

12179.2.  

(a) There is hereby created in the State Treasury the
24Civic Engagement Fund. The purpose of the Civic Engagement
25Fund is to provide oversight of committees filing reports under
26Section 85500 and to increase transparency in political campaigns,
27civic engagement, and voter registration and turnout. The Secretary
28of State shall deposit revenues received pursuant to subdivision
29(c) of Section 85500 into the Civic Engagement Fund. Upon
30appropriation by the Legislature, the Secretary of State shall
31allocate these funds for the costs of oversight of committees filing
32reports under Section 85500, to the Fair Political Practices
33Commission for the purpose of increasing transparency in political
34campaigns, and to local elections offices, through a competitive
35grant program, to increase voter registration and turnout.

36(b) Notwithstanding Section 10231.5, the Secretary of State
37shall report to the Legislature and to the Department of Finance
38by March 31 of each year on the allocation and use of fund moneys
39specified in subdivision (a). The Secretary of State shall also post
40this information on his or her Internet Web site.

P6    1

SEC. 2.  

Section 85500 of the Government Code is amended
2to read:

3

85500.  

(a) In addition to any other report required by this title,
4a committee, including a political party committee, that is required
5to file reports pursuant to Section 84605 and that makes
6independent expenditures of one thousand dollars ($1,000) or more
7during an election cycle in connection with a candidate for elective
8state office or state ballot measure, shall file online or electronically
9a report with the Secretary of State disclosing the making of the
10independent expenditure. This report shall disclose the same
11information required by subdivision (b) of Section 84204 and shall
12be filed within 24 hours of the time the independent expenditure
13is made.

14(b) An expenditure shall not be considered independent, and
15shall be treated as a contribution from the person making the
16expenditure to the candidate on whose behalf, or for whose benefit,
17the expenditure is made, if the expenditure is made under any of
18the following circumstances:

19(1) The expenditure is made with the cooperation of, or in
20consultation with, the candidate on whose behalf, or for whose
21benefit, the expenditure is made, or any controlled committee or
22any agent of the candidate.

23(2) The expenditure is made in concert with, or at the request
24or suggestion of, the candidate on whose behalf, or for whose
25benefit, the expenditure is made, or any controlled committee or
26any agent of the candidate.

27(3) The expenditure is made under any arrangement,
28coordination, or direction with respect to the candidate or the
29candidate’s agent and the person making the expenditure.

30(c) (1) A committee subject to this section shall pay an annual
31reporting fee to the Secretary of State. The fee shall be charged as
32follows:

33(A) One hundred dollars ($100) for a committee filing a report
34and declaring that it will spend less than one hundred thousand
35dollars ($100,000) per two-year election cycle.

36(B) One thousand dollars ($1,000) for a committee filing a report
37and declaring that it will spend less than two hundred fifty thousand
38dollars ($250,000) per two-year election cycle.

P7    1(C) Two thousand dollars ($2,000) for a committee filing a
2report and declaring that it will spend less than five hundred
3thousand dollars ($500,000) per two-year election cycle.

4(D) Ten thousand dollars ($10,000) for a committee filing a
5report and declaring that it will spend less than one million dollars
6($1,000,000) per two-year election cycle.

7(E) Fifty thousand dollars ($50,000) for a committee filing a
8report and declaring that it will spend less than ten million dollars
9($10,000,000) per two-year election cycle.

10(2) The annual reporting fee shall be paid within 5 days of the
11filing of the report pursuant to subdivision (a).

12(3) If a committee expends more than the declared amount, in
13the report filed in which the committee discloses that fact, it shall
14make a new declaration and pay the increased fee less the amount
15of the fee or fees already paid.

16(4) For purposes of this subdivision, “two-year election cycle”
17means the period of time between the immediately preceding
18statewide general election and the next statewide general election.

19

SEC. 3.  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.

28

SEC. 4.  

The Legislature finds and declares that this bill furthers
29the purposes of the Political Reform Act of 1974 within the
30meaning of subdivision (a) of Section 81012 of the Government
31Code.

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