BILL ANALYSIS
AB 1308
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Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1308 (Hagman) - As Amended: April 2, 2009
SUBJECT : Elections: registration.
SUMMARY : Prohibits a person who is on probation for conviction
of a felony from voting. Specifically, this bill :
1)Prohibits a person who is on probation for the conviction of a
felony from registering to vote.
2)Requires elections officials, when canceling the affidavits of
registration of voters who are imprisoned or on parole for the
conviction of a felony, to cancel the affidavits of
registration of voters who are on probation for the conviction
of a felony.
EXISTING LAW :
1)Provides that a United States citizen who is 18 years of age
and a resident in this State may vote.
2)Requires the Legislature to provide for the disqualification
of electors while mentally incompetent or imprisoned or on
parole for the conviction of a felony.
3)Prohibits a person who is in prison or on parole for the
conviction of a felony from registering to vote.
4)Requires the clerk of the superior court in each county to
furnish the chief elections official of the county, not less
frequently than the first day of April and the first day of
September of each year, with a statement showing the names,
addresses, and dates of birth of all persons who have been
convicted of felonies since the clerk's last report.
5)Requires the county elections official to cancel the
affidavits of registration of those persons who are imprisoned
or on parole for the conviction of a felony.
FISCAL EFFECT : Unknown. State-mandated local program; contains
a crimes and infractions disclaimer.
AB 1308
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COMMENTS :
1)Purpose of the Bill : According to the author, "The rights of
citizenship are precious and should be earned back only when a
felony has completed their entire rehabilitation. AB 1308
ensures this process is not subverted."
2)Potential Constitutional Issue : Article II, Section 2 of the
California Constitution provides that "[a] United States
citizen 18 years of age and a resident in this state may
vote." Article II, Section 4 of the California Constitution
further provides that "[t]he Legislature shall prohibit
improper practices that affect elections and shall provide for
the disqualification of electors while mentally incompetent or
imprisoned or on parole for the conviction of a felony."
It could be argued that a constitutional amendment is required
to achieve the author's policy objectives in authoring this
bill. The California Constitution guarantees the right to
vote of citizens who are at least 18 years old and who are
residents of the state, but provides certain circumstances
under which the Legislature shall prohibit people from voting.
In the case of a voter who is not "mentally incompetent or
imprisoned or on parole for the conviction of a felony," it
could be argued that Article II, Section 2 of the Constitution
guarantees that voter's right to vote. As such, it is unclear
whether the Legislature has the authority by statute to
prohibit a person who is on felony probation from registering
to vote or voting.
3)Significant Increase in Disenfranchised Population : If
enacted, this bill will nearly double the number of
Californians who are prohibited from voting due to a felony
conviction. According to information from the state Criminal
Justice Statistics Center, in 2006, there were approximately
171,000 people in prison in California for conviction of a
felony, with another 120,000 on parole for conviction of a
felony. That same year, there were almost 269,000 people in
California on probation for a felony offense. Based on these
data, this bill would increase the population of Californians
who are prohibited from voting due to a felony conviction by
92 percent.
4)Other States : California is one of 35 states that prohibit
AB 1308
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people who are in prison or on parole for conviction of a
felony from voting. Two states (Maine and Vermont) permit
inmates to vote, while another 13 states prohibit people who
are in prison for conviction of a felony from voting, but
allow people who are on parole to vote. Thirty states
prohibit felony probationers from voting.
5)Arguments in Opposition : According to the American Civil
Liberties Union:
Disenfranchising probationers has no proven justification
and is harmful for our democracy and community. Voting is
a hallmark of democracy. Taxpaying citizens deserve a say
in their government and voting is an essential part of
citizenship. Probationers who vote help make a community
safer and more vibrant. They also are more likely to give
to charity, volunteer, attend school board meetings, be
interested in politics, and cooperate with fellow citizens
on community affairs. In addition, research shows that
formerly incarcerated individuals who vote are less likely
to be re-arrested. Probationers who vote contribute to our
democracy and public safety.
Felony disenfranchisement laws disproportionately impact
people of color. Counting those in prison and on parole
for a felony conviction, over 293,000 Californians were
prohibited from voting as of January 2006, approximately
28% were African Americans. Yet African Americans are less
than seven percent of California's total population and, as
of 2000, were only eight percent of the adult citizen
population. African Americans are disenfranchised at
almost 10 times the rate of whites in this state.
Similarly, while Latinos consist of only 19 percent of the
California's citizen voting-age population, they are 36.5
percent (over 100,000) of those disenfranchised.
Disenfranchising probationers will increase this
disproportionate impact.
6)Related Legislation : SB 631 (Walters), which is being heard
in the Senate Committee on Elections, Reapportionment and
Constitutional Amendments today, is substantially similar to
this bill.
AB 1415 (Adams), which is also being heard in this committee
today, and SB 370 (Runner), which is being heard in the Senate
AB 1308
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Committee on Elections, Reapportionment and Constitutional
Amendments today, also prohibit a person who is on probation
for conviction of a felony from voting, among other
provisions.
7)Related Initiative : This bill is similar to a provision in an
initiative that has been submitted to the Attorney General for
a title and summary. That initiative is substantially similar
to AB 1415 and SB 370.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
All of Us or None
American Civil Liberties Union
Legal Services for Prisoners with Children
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094