BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 505| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 505 Page 2 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. SB 505 Page 3 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. SB 505 Page 4 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. SB 505 Page 5 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 SB 505 Page 6 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 **** END ****