BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 505|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 505
Author: Mendoza (D)
Amended: 4/9/15
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21/15
AYES: Allen, Hancock, Hertzberg, Liu
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Voter Bill of Rights
SOURCE: Secretary of State
DIGEST: This bill eliminates the requirement that the Voter
Bill of Rights (VBOR) be worded as currently specified and
instead authorizes the Secretary of State (SOS) to revise the
wording as necessary to ensure the use of clear and concise
language free from technical terms.
ANALYSIS:
Existing law:
1)Requires a VBOR be made available in the statewide voter
pamphlet to all voters with printed copies supplied by the SOS
for conspicuous posting both inside and outside of every
polling place. The VBOR reads as follows:
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a) You have the right to cast a ballot if you are a valid
registered voter. (A valid registered voter means a United
States citizen who is a resident in this state, who is at
least 18 years of age and not in prison or on parole for
conviction of a felony, and who is registered to vote at
his or her current residence address.)
b) You have the right to cast a provisional ballot if your
name is not listed on the voting rolls.
c) You have the right to cast a ballot if you are present
and in line at the polling place prior to the close of the
polls.
d) You have the right to cast a secret ballot free from
intimidation.
e) You have the right to receive a new ballot if, prior to
casting your ballot, you believe you made a mistake. If at
any time before you finally cast your ballot, you feel you
have made a mistake, you have the right to exchange the
spoiled ballot for a new ballot. Vote-by-mail (VBM) voters
may also request and receive a new ballot if they return
their spoiled ballot to an elections official prior to the
closing of the polls on Election Day.
f) You have the right to receive assistance in casting your
ballot, if you are unable to vote without assistance.
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g) You have the right to return a completed VBM ballot to
any precinct in the county.
h) You have the right to election materials in another
language, if there are sufficient residents in your
precinct to warrant production.
i) You have the right to ask questions about election
procedures and observe the election process.
j) You have the right to ask questions of the precinct
board and elections officials regarding election procedures
and to receive an answer or be directed to the appropriate
official for an answer. However, if persistent questioning
disrupts the execution of their duties, the board or
election officials may discontinue responding to questions.
aa) You have the right to report any illegal or fraudulent
activity to a local elections official or to the SOS's
office.
2)Requires that beneath the VBOR a toll-free telephone number be
listed to call if a person has been denied a voting right or
to report election fraud or misconduct.
3)Permits the SOS to develop regulations to implement and
clarify the VBOR.
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4)Requires the VBOR be made available to the public before each
election and on election day, at a minimum, as follows:
a) Requires the VBOR be printed in the statewide voter
pamphlet.
b) Requires posters or other printed materials containing
the VBOR be included in precinct supplies.
This bill permits the SOS to revise the wording of the VBOR as
necessary to ensure the use of clear and concise language free
from technical terms.
Background
AB 177 (Oropeza, Chapter 425, Statutes of 2003), among other
things, enumerated a VBOR and required the VBOR to be published
and posted. Since becoming law, the VBOR is typically printed
and located on the inside of the statewide voter pamphlet and is
also required to be posted or printed in other materials
included in precinct supplies for conspicuous posting both
inside and outside of every polling place.
Although each of these rights were already in existence in
various sections of either the Government Code or the Elections
Code, these code sections were paraphrased and summarized into
the VBOR located in one section of the Elections Code.
The VBOR's author, Assembly Member Jenny Oropeza stated in her
written testimony before the Assembly Committee on Elections and
Redistricting that, "In recent elections there have been
numerous reports of voters being turned away at the polls. Many
of these voters are new citizens whose primary language is not
English. Additionally, poll workers have reported they do not
offer provisional ballots under many permissible circumstances.
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As a result, AB 177 seeks to protect all voters, so that they
may understand and defend their rights."
Former Secretary of State Kevin Shelley, the sponsor of AB 177
wrote in his letter of support, "Voters, and often poll workers,
are unfamiliar with what rights a voter has. AB 177 provides
for a listing of voter's basic rights, and requires that voters
receive notification of these rights both in the sample ballot
and at their polling places. The provisions of the Voters Bill
of Rights provide for a common sense approach to voter education
at the polling place."
Comments
According to the author, SB 505 ensures that California's VBOR
is provided to voters in plain, accessible language. Pursuant
to existing law, the VBOR is provided to voters at every
election in the state ballot pamphlet prepared by the SOS. It
is also posted inside and outside of all polling places. The
VBOR seeks to ensure that voters understand their eligibility to
vote, how they can receive help with voting or other polling
place problems, their ability to be provided election materials
in another language, their rights to be free from intimidation,
whether their mail ballot is counted, and more. It also
provides a toll free number for reporting denial of voting
rights and other potential violations of election law. The
original English language version of the VBOR is currently
translated into nine languages. An American Sign Language video
is also available on the SOS Web site. Translation of the VBOR
is challenging because standards for translation require direct
translation of each word and the statutory wording, which is the
source for translation, is not written in plain language. When
source documents are written in plain language, translation is
easier and more effective because the message that needs to be
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communicated is clearer.
The SOS has limited authority to ensure that election materials
are prepared and provided in plain language. SB 505 helps
ensure that voters are better informed about their key electoral
rights under state law by formally allowing the SOS to inform
voters using plain language text to describe the VBOR.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified 5/5/15)
Secretary of State (source)
California Association of Clerks and Election Officials
OPPOSITION: (Verified 5/5/15)
None received
Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106
5/6/15 16:16:24
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