BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 505


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          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  








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          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  








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               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.










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          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








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