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
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|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 | |
| | | | |
| | | | |
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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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