BILL ANALYSIS Ó SB 505 Page 1 SENATE THIRD READING SB 505 (Mendoza) As Amended April 9, 2015 Majority vote SENATE VOTE: 26-11 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Elections |5-1 |Ridley-Thomas, Gatto, |Grove | | | |Gordon, Mullin, Perea | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |10-4 |Gomez, Bloom, Bonta, |Bigelow, Chang, | | | |Calderon, Eggman, |Gallagher, Jones | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Quirk, Rendon, Weber, | | | | |Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Eliminates the requirement that the Voter Bill of SB 505 Page 2 Rights (VBOR) be worded as currently specified in statute, 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 the VBOR be made available in the statewide voter pamphlet, and requires printed copies to be 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 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 SB 505 Page 3 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. 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. SB 505 Page 4 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor absorbable costs to the SOS if the office decides to modify the language of the VBOR and associated, required translations of VBOR. COMMENTS: 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. 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. AB 177 (Oropeza), Chapter 425, Statutes of 2003, originally codified the VBOR. Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0001173 SB 505 Page 5