BILL ANALYSIS Ó
SB 505
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Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 505
(Mendoza) - As Amended April 9, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill eliminates the requirement that the Voter Bill of
Rights (VBOR) be worded as specified in statute, and instead
authorizes the Secretary of State (SOS) to revise the wording as
necessary to ensure the language is clear and concise and free
SB 505
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from technical terms.
FISCAL EFFECT:
Minor absorbable costs to the SOS if the office decides to
modify the language of the VBOR and associated, required
translations of VBOR.
COMMENTS:
1)Background. Current law requires a VBOR be made available in
the statewide voter pamphlet and posted both inside and
outside of every polling place. Current law also requires the
VBOR to read exactly as follows:
a) You have the right to cast a ballot if you are a valid
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.
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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.
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.
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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)Purpose. 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.
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.
According to the author, "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.
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"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."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081