BILL ANALYSIS Ó
SB 589
Page 1
SENATE THIRD READING
SB
589 (Block)
As Amended June 18, 2015
Majority vote
SENATE VOTE: 27-10
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |6-0 |Ridley-Thomas, Grove, | |
| | |Gatto, Gordon, | |
| | |Mullin, Perea | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |8-1 |Mark Stone, Alejo, |Wagner |
| | |Chau, Chiu, Cristina | |
| | |Garcia, Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |11-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, |
| | |Calderon, Daly, |Jones, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Quirk, | |
| | |Rendon, Weber, Wood | |
SB 589
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SUMMARY: Authorizes an individual with a disability who is
otherwise qualified to vote to complete an affidavit of
registration with reasonable accommodations as needed and
requires that a person be presumed mentally competent to vote,
regardless of his or her conservatorship status, if the court
finds that the person can communicate, with or without
reasonable accommodations, a desire to participate in the voting
process. Specifically, this bill:
1)Contains findings and declarations that federal disability
nondiscrimination laws, including Title II of the federal
American with Disabilities Act, entitle people with
disabilities to reasonable accommodations, as needed, to
participate in public activities such as voting. Contains
further findings and declarations that by explicitly adding
the concept of reasonable accommodation to California law on
voter qualification, this bill brings the state into
compliance with federal standards.
2)Expressly provides that an individual with a disability who is
otherwise qualified to vote may complete an affidavit of
registration with reasonable accommodations as needed.
3)Expressly provides that an individual with a disability who is
under a conservatorship may be registered to vote if he or she
has not been disqualified from voting.
4)Provides that a person is presumed competent to vote
regardless of his or her conservatorship status.
SB 589
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5)Deletes provisions of law that require a person to be deemed
mentally incompetent, and therefore disqualified from voting,
if a court or jury, as specified, finds that the person is not
capable of completing an affidavit of voter registration in
accordance with existing law, and instead requires a person to
be deemed mentally incompetent, and therefore disqualified
from voting, if a court or jury, as specified, finds by clear
and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to
participate in the voting process.
6)Prohibits a person from being disqualified from voting on the
basis that the person completed the affidavit of voter
registration with reasonable accommodations.
7)Makes other technical, conforming changes.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, likely minor costs to the courts and to county
elections officials.
COMMENTS: According to the author, "Under current law adults
with developmental disabilities under conservatorships are
routinely being disenfranchised at extremely high levels. A
review of 61 conservatorship cases involving adults with
developmental disabilities in Los Angeles County found that
close to 90% of conservatees in those cases had been
disqualified from voting due to their actual or perceived
inability to complete the voter registration affidavit.
Furthermore, this review found that probate attorneys are being
SB 589
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trained to disqualify adults under conservatorships from voting
when he/she are not able to sign a registration affidavit. SB
589 will allow disabled individuals under conservatorship to
retain their right to vote unless it is shown by clear and
convincing evidence that the individual cannot communicate, with
or without reasonable accommodations, a desire to participate in
the voting process?"
Last year the Disability and Abuse Project of Spectrum Institute
filed a formal complaint with the United States Department of
Justice's Civil Rights Division against the Los Angeles Superior
Court regarding their application of existing state law deeming
conservatees ineligible to register to vote if they are not
capable of completing an affidavit of voter registration. The
complaint asserted that this practice constitutes a violation of
the federal VRA's prohibition on use of a test or device as a
prerequisite for voter registration.
That complaint was the impetus for AB 1311 (Bradford), Chapter
591, Statutes of 2014, which clarified the voting protections
for conservatees. Specifically, AB 1311 prohibited a person,
including a conservatee, from being disqualified from voting on
the basis that he or she signs the affidavit of voter
registration with mark or a cross, signs the affidavit of voter
registration with a signature stamp, or completes the affidavit
of registration with the assistance of another person. AB 1311
ensured federal and state laws related to voter registration
assistance are applied equally to any individual who seeks to
register to vote. This bill builds upon AB 1311 by further
clarifying conservatee voting rights and modifying the standard
for determining when a disabled, conserved individual is not
competent to participate in the voting process.
SB 589
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Nichole Becker / E. & R. / (916) 319-2094 FN:
0001246