BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 686|
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                                 THIRD READING


          Bill No:  AB 686
          Author:   Ruskin (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE ELECTIONS, REAP. & CONST. AMEND. COMM : 5-0, 7/7/09
          AYES:  Hancock, Walters, DeSaulnier, Liu, Strickland

           ASSEMBLY FLOOR  :  65-6, 5/18/09 - See last page for vote


          SUBJECT  :    Voting:  polling place procedures

           SOURCE  :     Secretary of State Debra Bowen


           DIGEST  :    This bill repeals a provision of law pertaining  
          to now defunct lever voting machines that limits a voter to  
          five minutes in a voting booth or compartment while marking  
          his or her ballot and adds a provision that allows a voter  
          to inform precinct board members when he or she needs more  
          than 10 minutes to mark his or her ballot. 

           ANALYSIS  :    Existing law:

          1.Prohibits voting booths or compartments from being  
            occupied by more than one person at a time, unless the  
            voter is eligible to receive assistance in casting his or  
            her ballot. 

          2.Prohibits voters from remaining in or occupying the  
            booths or compartments for longer than either 5 or 10  
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            minutes unless a longer time period will not  
            inconvenience other voters.

           Prior Legislation  

          This bill is substantially similar to AB 3014 (Mullin) of  
          2008, which was vetoed by the Governor, though the Governor  
          did not express any policy objections to the bill.  AB 3014  
          was one of the 136 bills that received the same veto  
          message.  That veto message stated: 

               The historic delay in passing the 2008-2009 State  
               Budget has forced me to prioritize the bills sent to  
               my desk at the end of the year's legislative session.  
               Given the delay, I am only signing bills that are the  
               highest priority for California.  This bill does not  
               meet that standard and I cannot sign it at this time.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/9/09)

          Secretary of State Debra Bowen (source) 
          Asian Americans for Civil Rights & Equality
          Disability Rights California


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "AB 686 addresses discrepancies in the Elections Code  
          relating to the length of time a voter can remain in a  
          voting booth.  Current law has two conflicting standards on  
          this subject. Elections Code section 14224 provides that a  
          voter may not remain in the voting booth longer than  
          necessary to mark his or her ballot, but the total amount  
          of time shall not exceed ten minutes. Elections Code  
          section 19363 provides a voter may not remain in the voting  
          booth longer than necessary to mark his or her ballot, but  
          the total amount of time shall not exceed five minutes.  AB  
          686 resolves this issue by repealing Elections CodeSection  
          19363. Additionally, this measure permits voters to remain  
          for longer than ten minutes if the voter informs a precinct  
          board member that they require additional time to mark  
          their ballot."







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           ASSEMBLY FLOOR  :
          AYES:  Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Coto, Davis, De La Torre, De Leon, Emmerson, Evans,  
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,  
            Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Krekorian, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Nielsen, John A. Perez, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Yamada, Bass
          NOES:  Anderson, Fuller, Harkey, Knight, Niello, Silva
          NO VOTE RECORDED: Conway, Cook, DeVore, Duvall, Eng,  
            Gaines, Price, Saldana, Villines


          DLW:nl  7/9/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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