BILL ANALYSIS Ó SB 505 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 505 (Mendoza) - As Amended April 9, 2015 ----------------------------------------------------------------- |Policy |Elections and Redistricting |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. SB 505 Page 3 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. SB 505 Page 4 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. SB 505 Page 5 "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