BILL ANALYSIS
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THIRD READING
Bill No: AB 269
Author: Silva (R)
Amended: 4/13/09 in Assembly
Vote: 21
SENATE ELEC., REAP. & CONST. AMEND. COMM. : 5-0, 6/16/09
AYES: Hancock, Walters, DeSaulnier, Liu, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/11/09 (Consent) - See last page
for vote
SUBJECT : Elections: corruption of voting
SOURCE : Author
DIGEST : This bill makes it a misdemeanor for a member of
the public who is observing the processing of vote-by-mail
ballots, the semi-official canvas, the official canvas, or
a recount from willfully doing any of the following:
(1)attempting to ascertain the identity and ballot choices
of a voter, or having observed or learned the identity of a
voter, attempting to ascertain the ballot choices of that
voter, (2) opening a provisional or vote-by-mail ballot
envelope containing a voted ballot in order to ascertain
the voter's ballot choices, or (3) making or placing a mark
or device on any ballot or secrecy envelope in an attempt
to ascertain the voter's ballot choices.
CONTINUED
AB 269
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ANALYSIS : While the processing of ballots is open to the
public to observe, existing law also explicitly prohibits
such observers from touching official ballots or other
official elections materials while they are observing.
Furthermore, the Elections Code makes it a felony for a
person who is not an election officer to discharge any of
the duties of an election officer in regard to the handling
of any ballots. Given these provisions of existing law
that prohibit people who are not elections officials or
officers from touching or handling ballots or other
election materials, it would appear that an observer who
physically touched a ballot could be charged with a crime
in most circumstances. These prohibitions against the
handling of official election materials by people who are
not elections officials or officers are important not only
to protect the secrecy of voters' ballots, but also to
protect against the tampering with or destruction of
official ballots.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/22/09)
California Association of Clerks and Election Officials
Los Angeles County District Attorney Steve Cooley
Orange County Board of Supervisors
Orange County District Attorney Tony Rackauckas
ARGUMENTS IN SUPPORT : According to the author, this bill
advances the fundamental right of voter privacy. Existing
law affirms this right and enforces it through statute.
However, these statutes do not cover several common
scenarios where there is an opportunity for observers of
the process to seek to learn the voters' choice after the
ballots have been cast.
This bill was inspired by a recent incident where an
observer was alleged to have deliberately viewed a voter's
ballot by removing it from the Absentee Ballot envelope,
viewing it and replacing it. Prosecutors found they were
lacking a statute to prosecute for this deed.
AB 269
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This bill clarifies and strengthens existing laws
protecting voters' privacy by including several scenarios
where an individual can willfully seek out voters' private
information.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
DLW:mw 6/22/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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