BILL ANALYSIS Ó AB 2466 Page 1 ASSEMBLY THIRD READING AB 2466 (Weber) As Amended May 3, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Elections |5-2 |Weber, Gordon, Low, |Harper, Travis | | | |Mullin, Nazarian |Allen | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |13-6 |Gonzalez, Bloom, |Bigelow, Chang, | | | |Bonilla, Bonta, |Gallagher, Jones, | | | |Calderon, Daly, |Obernolte, Wagner | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Conforms state law to a recent Superior Court ruling in Scott v. Bowen, in which the court found that individuals on post-release community supervision (PRCS) and mandatory supervision are eligible to vote under California Constitution AB 2466 Page 2 Article II, Section 2, as specified. Makes other significant changes to voter eligibility provisions of law, as specified. Specifically, this bill: 1)Provides that a person who is not imprisoned or on parole for the conviction of a felony, instead of a person who is not in prison or on parole for the conviction of a felony, is eligible to register to vote, as specified. Provides that the following definitions apply to these provisions: a) Defines "imprisoned" to mean currently serving a state or federal prison sentence. b) Defines "parole" to mean a term of supervision by the Department of Corrections and Rehabilitation (CDCR). c) Provides that "conviction" does not include a juvenile adjudication made pursuant existing law. 2)Makes changes to statements required to be included in printed literature and media announcements used in county programs designed to encourage registration of electors, as specified. 3)Makes changes to statements required to be sent from the clerk of the county superior court to the county elections officials, that show the names, addresses, and dates of birth of all persons who have been convicted of felonies, as specified. FISCAL EFFECT: According to the Assembly Appropriations Committee, any costs to the courts and county elections AB 2466 Page 3 officials to modify existing reporting and notification requirements will be minor and absorbable. COMMENTS: According to the author, "The Criminal Justice Realignment Act of 2011 (CJRA) created three new categories of sentencing for people convicted of low-level felonies: mandatory supervision, [PRCS], and a term in county jail. These new categories caused confusion for local elections officials and voters. Last year, in Scott v. Bowen, the issue of the voting rights of people sentenced under the first two categories of local supervision was finalized, and with the support of the Secretary of State, more than 50,000 people under mandatory and post-release community supervision had their voting rights restored. "AB 2466 amends the Elections Code to reflect the decision in Scott v. Bowen and clarifies that the third category of CJRA sentencing - a term in county jail - likewise does not strip people of their constitutional right to vote. This clarification completes the restoration of the law prior to the CJRA: only those serving a state-prison sentence or on parole and under CDCR supervision lose the right to vote?" The Secretary of State's (SOS) office, at the request of county elections officials, issued a memorandum on December 5, 2011 which analyzed CJRA and its effect on voter eligibility. The SOS's office concluded that realignment "does not change the voting status of offenders convicted of CJRA-defined low-level felonies, either because they serve their felony sentences in county jail instead of state prison or because the mandatory supervision that is a condition of their release from prison is labeled something other than 'parole.' Offenders convicted of AB 2466 Page 4 CJRA-defined low-level felonies continue to be disqualified from voting while serving a felony sentence in county jail, while at the discretion of the court serving a concluding portion of that term on county-supervised probation, or while they remain under mandatory 'post release community supervision' after release from state prison." In February of 2014, a lawsuit was filed in the Alameda Superior Court challenging the SOS's memorandum, claiming that individuals on PRCS and mandatory supervision are eligible to vote under California Constitution Article II, Section 4 (Scott et al. v. Bowen (2014) No. RG14-712570). In May of 2014, the Superior Court issued a final judgment rejecting the interpretation of Realignment in SOS's memorandum. The Superior Court held "as a matter of law that California Constitution Article II, Section 2 and Elections Code [Section] 2101, require the State of California to provide all otherwise eligible persons on [mandatory supervision and PRCS] the same right to register to vote and to vote as all otherwise eligible persons." The court concluded that restoring voting rights of persons under PRCS and or mandatory supervision is consistent with the Realignment policy goal to promote reintegration of low-level offenders back into the community. In addition, the court relied upon the long-held principle in California law requiring courts "to give every reasonable presumption in favor of the right of people to vote" and to "not engage in any construction of an election law that would disenfranchise any voter if the law is reasonably susceptible of any other meaning." The Superior Court decision, however, did not address the conclusion in SOS's memorandum that persons convicted of a felony and serving time in county jail under Realignment are ineligible to vote. AB 2466 Page 5 Please see the policy committee analysis for a full discussion on this bill. Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002868