BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 686

                                                                  Page  1


          GOVERNOR'S VETO
          AB 686 (Ruskin)
          As Amended  February 26, 2009
          2/3 vote

           ELECTIONS 5-0                                               
           
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          |Ayes:|Fong, Adams, Coto,        |     |                          |
          |     |Saldana, Swanson          |     |                          |
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          |ASSEMBLY:  |65-6 |(May 18, 2009)  |SENATE: |35-0 |(August 27,    |
          |           |     |                |        |     |2009)          |
          |           |     |                |        |     |               |
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          SUMMARY  :  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. 

           EXISTING LAW  prohibits:  

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

           FISCAL EFFECT  :  Keyed non-fiscal by the Legislative Counsel.

           COMMENTS  :  Existing law contains two conflicting provisions that  
          set a limit on the amount of time that a voter can remain in a  
          voting booth or compartment.  Elections Code Section 14224 sets  










                                                                  AB 686

                                                                  Page  2


          a 10 minute limit on the amount of time that a voter can remain  
          in a voting booth or compartment to cast his or her ballot,  
          while Elections Code Section 19363 sets a five minute limit.   
          Elections Code Section 19363 is located in a part of the code  
          dealing with lever voting machines - machines that are no longer  
          used in this state.

           GOVERNOR'S VETO MESSAGE  :

          "This bill seeks to clarify how long a voter may remain in a  
          voting booth. Two separate code sections reference that a voter  
          may remain in the booth for either five minutes or ten minutes,  
          with an exception that allows for more time as long as no other  
          voter is inconvenienced. There is no evidence that the  
          discrepancy in current law has resulted in a significant problem  
          for voters."


           Analysis Prepared by :  Lori Barber & Ethan Jones / E. & R. /  
          (916) 319-2094 


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