BILL ANALYSIS
AB 1337
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1337 (Evans)
As Amended June 8, 2009
Majority vote
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |40-0 |(June 29, |
| | | | | |2009) |
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Original Committee Reference: E. & R.
SUMMARY : Defines the term "electioneering." Specifically, this
bill :
1)Defines "electioneering" as the visible display or audible
dissemination of information that advocates for or against any
candidate or measure on the ballot within 100 feet of a
polling place, an elections official's office, or a satellite
voting location.
2)Provides that prohibited electioneering information includes,
but is not limited to the following:
a) A display of a candidate's name, likeness, or logo;
b) A display of a ballot measure's number, title, subject,
or logo;
c) Buttons, hats, pencils, pens, shirts, signs, or stickers
containing electioneering information; or,
d) Dissemination of audible electioneering information.
The Senate amendments :
1)Expand the definition of "electioneering" to include the
audible dissemination of information within 100 feet of a
polling place, an elections official's office, or a satellite
location.
2)Specify that electioneering can include the display of a
candidate's name, likeness, or logo; the display of a ballot
measure's number, title, subject or logo; or the dissemination
of audible electioneering information.
AB 1337
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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.
AS PASSED BY THE ASSEMBLY , this bill defined "electioneering" as
the display of visible information that advocates for or against
any candidate or measure on the ballot.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "AB 1337 would define
'electioneering' in the Elections Code, consistent with legal
interpretation applied by courts and the Secretary of State.
Under this measure, people would be prohibited from displaying
visible information advocating for or against a candidate or
measure into a polling place or within 100 feet of a polling
place. Prohibited information includes buttons, hats, pencils,
pens, shirts, signs and stickers.
"Existing law, Elections Code Section 18370, prohibits
electioneering 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. Electioneering is undefined.
Moveover, Elections Code Section 18541 prohibits soliciting a
vote, placing signs relating to voters qualifications, or
photographing or videotaping a voter entering or exiting a
polling place."
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0001566