BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 505|
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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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