BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 812|
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THIRD READING
Bill No: SB 812
Author: Correa (D), et al
Amended: 4/23/07
Vote: 21
SENATE ELECTIONS, REAP. & C.A. COMM. : 3-2, 4/18/07
AYES: Migden, Oropeza, Calderon
NOES: Battin, Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Voter registration: paid registration
activities
SOURCE : Author
DIGEST : This bill prohibits any person, company, or
other organization except state political parties that
reimburse their central committees and clubs on a
per-affidavit basis, from agreeing to pay money or other
valuable consideration on a per-affidavit basis to any
person who assists another person to register to vote by
receiving the completed affidavit of registration, would
prohibit the receipt of this per-affidavit consideration,
and would make conforming changes. A violation of these
prohibitions would be an infraction punishable by a fine
not to exceed $500.
ANALYSIS : Existing law requires any person who accepts
money or other valuable consideration in return for
CONTINUED
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assisting with voter registration to sign and affix on the
voter registration form his or her full name, telephone
number, address, and the name and phone number of the
person, company, or organization, if any, that agrees to
pay money or valuable consideration for the completed
affidavit of registration.
Existing law requires any person, company, or other
organization that agrees to pay money or other valuable
consideration to a person for assisting with voter
registration to maintain specific records.
Existing law establishes penalties for fraudulent activity
related to voter registration.
This bill prohibits any person, company, or other
organization from agreeing to pay money or other valuable
consideration on a per-affidavit basis to any person who
assists another person to register to vote by receiving the
completed affidavit of registration. A violation of these
prohibitions would be an infraction, punishable by a fine
not to exceed $500.
Specifically, this bill adds the following penal provisions
to the Elections Code:
1. Any person who offers to pay or pays money or other
valuable consideration to another person, either
directly or indirectly, on a per-affidavit basis to
assist another person to register to vote by receiving
the completed affidavit of registration is guilty of a
misdemeanor.
2. Any person who receives money or other valuable
consideration, either directly or indirectly, on a
per-affidavit basis to assist another person to register
to vote by receiving the completed affidavit of
registration is guilty of a misdemeanor.
3. This section shall not apply to any state political
party that reimburses its central committees and clubs
on a per-affidavit basis.
4. Nothing in this section shall be construed to prohibit
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payment for assisting another person to register to vote
by receiving the completed affidavit which is not,
either directly or indirectly, on a per-affidavit basis.
5. Any person found guilty of violating this section shall
be guilty of an infraction punishable by a fine not to
exceed $500.
Background
Individuals who are paid to register voters or to collect
signatures on initiative, referendum, or recall petitions
are commonly referred to as "bounty hunters."
In March of 2006, the Orange County Register and the Los
Angeles Times reported that Orange County elections
officials received several complaints about a voter
registration campaign for the Republican Party of Orange
County from voters who were re-registered with the
Republican Party without their permission. According to
press reports, the company in charge of the registration
drive was paying workers as much as $10 for every completed
voter registration card. As of May 2006, Orange County
elections officials reported receiving about 450 complaints
of illegal voter registrations. Similar complaints were
made about voter registration campaigns in Riverside and
San Bernardino counties.
Two of the original twelve individuals involved in the
Orange County scandal admitted their roles and were
sentenced in January 2007 to three years formal probation
and time already served, while the remaining defendants
await a court appearance.
Prior Legislation
SB 1047 (Bowen) of 2006 was amended late in the legislative
session and was never heard in the Assembly Elections and
Redistricting Committee. SB 1047 would have banned anyone
from paying initiative or voter registration signature
gatherers on a per-signature basis.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 5/15/07)
People For the American Way
OPPOSITION : (Verified 5/15/07)
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the author's office,
we know that voting fraud by voters is extremely rare,
however voter registration fraud by bounty hunters is all
too common. Every election cycle yields another crop of
individuals who abuse our voter registration regulations.
Thousands of voters in California have had their party
affiliation tampered with, many of them had their names
forged, others were duped into registering despite their
ineligibility or unknowingly switched parties, and many
non-citizens have been misled into registering to vote, and
almost all of this because of individuals who are paid,
often in cash, for voter registrations on a bounty system,
or per-affidavit.
People For the American Way write, "People For the American
Way supports every effort to register more voters. We also
support keeping that process as accurate as possible. SB
812 would eliminate 'voter registration headhunting' i.e.
per-affidavit payment. This practice encourages fraudulent
or false registrations since the registrator gets paid
regardless of the accuracy of the registrants' personal
information."
ARGUMENTS IN OPPOSITION : The Howard Jarvis Taxpayers
Association (HJTA) writes, "HJTA believes this bill is
likely in response to voter registration in Orange County
last year. While we find this behavior deplorable, it was
dealt [with] adequately under existing law and the people
involved will be prosecuted. SB 812 is unnecessary.
Hundreds of thousands of voters register each year at
county fairs and other venues, and staffers from county
political parties are often paid on commission to be
present and collect registrations. From this standpoint,
SB 812 creates a problem where none currently exists.
Current statute is very clear regarding both voter
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intimidation and registration fraud. If either occurs,
violators can and should be punished. SB 812 will only
serve to limit participation by individuals and non-profit
groups, making it harder for voters to register and their
voice to be heard. Bad behavior from a few individuals
should not be allowed to inhibit the democratic process."
DLW:nl 5/16/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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