BILL ANALYSIS Ó
AB 2021
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ASSEMBLY THIRD READING
AB
2021 (Ridley-Thomas)
As Amended March 15, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
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| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |5-2 |Weber, Gordon, Low, |Harper, Travis |
| | |Mullin, Nazarian |Allen |
| | | | |
| | | | |
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SUMMARY: Clarifies state law to permit international election
observers access to all election processes that are open to the
public, as specified. Specifically, this bill:
1)Allows an international election observer to be provided
uniform and nondiscriminatory access to all stages of the
election process that are open to the public, including the
public review period for the certification of a ballot marking
system, the processing and counting of vote by mail (VBM)
ballots, the canvassing of ballots, and the recounting of
ballots.
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2)Prohibits an international election observer from interfering
with a voter in the preparation or casting of the voter's
ballot, with a precinct board member or an elections official
in the performance of his or her duties, or with the orderly
conduct of an election.
3)Defines an "international election observer" to mean a person
who witnesses the administration of an election in California
and who is an official representative of an international
organization such as the United Nations, the Organization of
Security and Cooperation in Europe (OSCE), or the Organization
of American States (OAS).
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "The [OSCE], a United
Nations partner on democratization and human rights projects,
has monitored elections in the United States at the request of
Civil Rights groups, such as the NAACP and the ACLU. As an OSCE
member country, the United States has committed to hold free and
democratic elections and to allow OSCE members to observe
elections in the United States. Despite this commitment at the
federal level, state law governs who can be in a polling place
on Election Day. Several states, including Missouri, South
Dakota, North Dakota, and New Mexico, authorize international
observers to monitor elections.
"No state expressly forbids international observers. However,
at least two states, Texas and Iowa, have barred international
election observers, indicating that anyone who is not permitted
(voters, poll workers, poll watchers) could be subject to
arrest.
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"OSCE has asked that states expressly authorize international
election observers to guarantee access to elections and to
eliminate the fear of prosecution for individuals tasked with
protecting the democratic process across the world. As a state
that conducts fair and open elections, it only makes sense to
allow the international community to monitor and learn from our
elections."
California law is silent on the matter and does not expressly
forbid or permit international observers. This bill clarifies
current law and explicitly states that international election
observers are permitted to observe California elections, as
specified.
In general, current law permits members of the public to observe
the election process. For example, existing law requires the
precinct board member to conduct certain Election Day procedures
in the presence of all persons assembled at the polling place,
requires the semifinal official canvass and the official canvass
to be open to the public, and requires the processing of VBM,
provisional, and rejected ballots to be open to the public, as
specified.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Nichole Becker / E. & R. / (916) 319-2094 FN:
0002813
AB 2021
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