BILL ANALYSIS
AB 1337
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1337 (Evans) - As Amended: April 13, 2009
Policy Committee: ElectionsVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)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.
2)Expands the prohibitions for certain activities within 100
feet of a polling place to also apply within 100 feet of a
satellite location where ballots are cast.
FISCAL EFFECT
Minor nonreimbursable costs to local governments for enforcement
and prosecution, offset to some extent by fine revenues.
Violations of the "100-foot" law are misdemeanors.
COMMENTS
1)Purpose . According to the bill's sponsor, the Secretary of
State, "Leading up to the 2008 November General Election,
questions arose nationwide as to what exactly constituted
"electioneering" at the polls on Election Day. More
specifically, whether a voter who wears a campaign shirt, hat,
button, or a similar item into a polling place is indeed
"electioneering". AB 1337 clarifies the definition of
"electioneering" in the Elections Code and makes it consistent
with legal interpretation by the courts and the Secretary of
State. People would be prohibited from bringing any readily
visible information advocating for or against a candidate or
measure into a polling place or within 100 feet of a polling
AB 1337
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place. Prohibited information includes, but is not limited to
buttons, hats, pencils, pens, shirts, signs and stickers.
2)Current law makes it a misdemeanor for 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 to:
a) Circulate an initiative, referendum, recall, or
nomination petition or any other petition;
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 441 (Hall), also on today's committee
agenda, prohibits a person, on election day, 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.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081