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