BILL ANALYSIS
AB 441
Page 1
ASSEMBLY THIRD READING
AB 441 (Hall)
As Amended April 2, 2009
Majority vote
ELECTIONS 7-0 APPROPRIATIONS 16-0
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|Ayes:|Fong, Adams, Bill |Ayes:|De Leon, Nielsen, |
| |Berryhill, Coto, Mendoza, | |Ammiano, |
| |Saldana, Swanson | |Charles Calderon, |
| | | |Krekorian, Duvall, |
| | | |Fuentes, Monning, Harkey, |
| | | |Miller, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Prohibits 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 the polling place or an elections official's office.
Specifically, this bill :
1)Defines "commercial activity" as any activity or action
undertaken only on election day, in whole or in part by a
business or an individual whose purpose, in whole or in part,
directly or indirectly, is to derive or realize a present or
future financial gain for the individual or business.
2)Provides that a person who solicits a donation or engages in
commercial activity within 100 feet from the polling place or
an elections official's office when a voter may be casting a
ballot is guilty of a misdemeanor.
EXISTING LAW prohibits a person, on election day, or at any time
that a voter may be casting a ballot, within 100 feet of a
polling place or an elections official's office, from doing any
electioneering.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor nonreimbursable costs to local governments for
AB 441
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enforcement and prosecution, offset to some extent by fine
revenues.
COMMENTS : According to the author, "AB 441 would expand up 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."
While the term "electioneering" is not defined in the Elections
Code, the Secretary of State's office has taken the position
that voters who bring information into a polling place that
advocates for or against any candidate or measure on the ballot
are indeed engaged in "electioneering." According to the
Secretary of State's Elections Investigative Unit, between the
periods of 1994 to 2008, there were 48 cases of electioneering
reported. Of the 48 reported cases, two were sent to the
District Attorney's office for prosecution with one of the cases
ending in prosecution and a conviction in 1997. During the
November 2008 General Election, the agency's election hotline
reported 65 complaints of electioneering. However, most cases
were reported and eventually resolved by the counties. This
bill attempts to address the issue of indirect or passive
electioneering tactics which could persuade or influence a
voter. The extent to which "passive or indirect electioneering"
is a problem is unclear.
Analysis Prepared by : Qiana Charles & Ethan Jones / E. & R. /
(916) 319-2094
FN: 0000444