BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 441
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 441 (Hall) - As Amended:  April 2, 2009 

          Policy Committee:                              ElectionsVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill makes it a misdemeanor for a person, on election day,  
          or at any time that a voter may be casting a ballot, from  
          soliciting a donation of any kind or engaging in commercial  
          activity within 100 feet from a polling place or an election  
          official's office.

           FISCAL EFFECT  

          Minor nonreimbursable costs to local governments for enforcement  
          and prosecution, offset to some extent by fine revenues.

           COMMENTS  

           1)Purpose  .  According to the author, "AB 441 would expand on the  
            state's "100 foot rule" to prohibit an individual from  
            soliciting a donation or engaging in commercial activity  
            within 100 feet of a polling place on Election Day or at an  
            election official's office.  Voters should be free of any  
            outside influence at a polling place.  Prohibiting these  
            activities will prevent an individual or group from using  
            deceptive means to actively or passively influence a voter and  
            expand upon the spirit of the state's "100 foot rule", further  
            strengthening California's commitment to a free and fair  
            election process".

           2)Current law  makes it a misdemeanor for a person, on election  
            day, within 100 feet of a polling place or an elections  
            official's office to:

             a)   Circulate an initiative, referendum, recall, or  
               nomination petition or any other petition;








                                                                  AB 441
                                                                  Page  2


             b)   Solicit a vote or speak to a voter on the subject of  
               marking his or her ballot;

             c)   Place a sign relating to voters' qualifications or speak  
               to a voter on the subject of his or her qualification; or,

             d)   Conduct any electioneering.

           3)Related Legislation  .  AB 1337 (Evans), also on today's  
            committee agenda, defines the term "electioneering"-which is  
            currently prohibited within 100 feet of a polling place or an  
            election official's office-as displaying visible information  
            advocating for or against any candidate or measure on the  
            ballot.
           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081