BILL ANALYSIS Ó
SB 505
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Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
SB
505 (Mendoza) - As Amended April 9, 2015
SENATE VOTE: 26-11
SUBJECT: Voter Bill of Rights.
SUMMARY: Eliminates the requirement that the Voter Bill of
Rights (VBOR) be worded as currently specified in code, and
instead authorizes the Secretary of State (SOS) to revise the
wording as necessary to ensure that the language used is clear
and concise and free from technical terms.
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. Requires the VBOR to read as follows:
a) You have the right to cast a ballot if you are a valid
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registered voter. (A valid registered voter means a United
States (U.S.) 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
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clarify the VBOR.
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; and,
b) Requires posters or other printed materials containing
the VBOR be included in precinct supplies.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Purpose of the Bill: According to the author:
Senate Bill 505 would ensure that California's Voter Bill of
Rights is provided to voters in plain, accessible language.
Pursuant to existing law, the Voter Bill of Rights is provided
to voters at every election in the state ballot pamphlet
prepared by the Secretary of State. It is also posted inside and
outside of all polling places. The Voter Bill of Rights 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
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other potential violations of election law. The original English
language version of the Voter Bill of Rights is currently
translated into nine languages. An American Sign Language video
is also available on the Secretary of State website. Translation
of the Voter Bill of Rights 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 communicated is clearer.
The Secretary of State 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
Voter Bill of Rights.
2)Importance of Using Clear and Concise Wording: The purpose of
the VBOR is to provide California voters with information
about their voting rights and the SOS is required to make it
available before each election and on election day. Under
existing statute, the VBOR must be printed verbatim in the
statewide voter pamphlet and on posters or other printed
materials included in precinct supplies.
According to data provided by the U.S. Census Bureau nearly
44% of Californians speak a language other than English at
home and less than 31% of voting age Californians have
completed a Bachelor's degree or higher. Additionally the
National Assessment of Adult Literacy suggests that 44% of
Americans read at basic or below-basic level. A basic or
below-basic level reader may only be able to read short texts
with common words or follow simple written instructions.
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Surveys completed by the Center for Civic Design (Center)
found that the VBOR was surprising popular among non-voters,
infrequent voters and new voters who stopped to read it
completely and carefully. Participants in the study reported
finding the VBOR hard to read and understand - often prompting
additional questions about the contents. In their Best
Practices Manual for Official Information Guides in California
2015, the Center recommends revising the VBOR to use plain
language.
Although the original intention of the VBOR is to provide
information to voters, the current provisions use terminology
that is difficult for many voters to understand and
inadvertently present a challenge to voters who are trying to
understand the law as it affects them. This poses a
particular obstacle for voters in which English is a second
language or whose education stopped at or prior to the twelfth
grade.
3)Argument in Support: In support of the bill, Asian Americans
Advancing Justice - Los Angeles, writes:
Language is a significant barrier to voting for many Asian
American voters. Nearly one third of all Asian Americans
have some difficulty communicating in English. While
language assistance is provided to Asian American
communities who have reached legally set threshold numbers,
many limited English proficient Asian American voters still
are not able to access language assistance during elections
because their language is yet to be covered. By allowing
the [SOS] to convey the [VBOR] in plain English, SB 505
ensures that voters understand their rights to vote.
Moreover, by using plain English, the [SOS]'s translation
vendors can translate the [VBOR] into terminology that is
accessible in all the mandated languages in California.
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4)Prior Legislation: AB 177 (Oropeza), Chapter 425, Statutes of
2003, originally codified the VBOR.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (Sponsor)
Asian Americans Advancing Justice - Los Angeles
California Association of Clerks and Elections Officials
League of Women Voters of California
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Opposition
None on file.
Analysis Prepared by:Lori Barber / E. & R. / (916)
319-2094