BILL NUMBER: AB 2101	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 18, 2010

   An act to add Sections 18112 and 18604 to the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2101, as amended, Fong. Elections: prohibiting payments.
   (1) Existing law makes certain activities relating to voter
registration a criminal offense.
    (2)    This bill would
authorize a court, upon finding a person guilty of engaging in
prohibited voter registration activities, to  issue an order
prohibiting the person, for a period of up to 5 years,  
order, as a condition of probation, that the person be prohibited
 from receiving money or other consideration for assisting
another person to register to vote.  The bill would also
provide a process to seek reconsideration of the court's order and to
impose civil penalties for a violation of the order. 

   (3) 
    (2)  Existing law makes certain activities relating to
the circulation of an initiative, referendum, or recall petition a
criminal offense.
    (4)    This bill would
authorize a court  to issue an order prohibiting a person,
for a period of up to 5 years  ,  upon finding a person
guilty of vi   olating these provisions, to order, as a
condition of probation, that the person be prohibited  from
receiving money or other consideration for gathering signatures on an
initiative, referendum, or recall petition  upon finding the
person guilty of violating these provisions  . 
This bill would also provide a process to seek reconsideration of the
court's order and to impose civil penalties for a violation of the
order. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18112 is added to the Elections Code, to read:
   18112.   (a)     In
addition to any other penalty imposed by this chapter, a court may,
upon finding a person guilty of violating any provision of this
chapter, issue an order prohibiting that person, for a period of up
to five years,   Upon conviction of a violation of any
provision of this chapter, the court may order as a condition of
probation that the convicted person be prohibited  from
receiving money or other valuable consideration for assisting another
person to register to vote by receiving the completed affidavit of
registration. 
   (b) A person against whom an order is issued may, upon a showing
of good cause, petition the court for reconsideration of the court's
order.  
   (c) A person who violates an order issued by the court pursuant to
subdivision (a) may be subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000). 
  SEC. 2.  Section 18604 is added to the Elections Code, to read:
   18604.   (a)     In
addition to any other penalty imposed by this chapter, a court may
issue an order prohibiting a person, for a period of up to five
years, from receiving money or other valuable consideration for
gathering signatures on an initiative, referendum, or recall petition
upon finding the person guilty of violating any   Upon
conviction of a violation of any  provision of this article,
Article 2 (commencing with Section 18610), Article 3 (commencing with
Section 18620), Article 5 (commencing with Section 18640), Article 6
(commencing with Section 18650), or Article 7 (commencing with
Section 18660)  , the court may order as a condition of probation
that the convicted person be prohibited from receiving money or
other valuable consideration for gathering signatures on an
initiative, referendum, or recall petition  . 
   (b) A person against whom an order is issued may, upon a showing
of good cause, petition the court for reconsideration of the court's
order.  
   (c) A person who violates an order issued by the court pursuant to
subdivision (a) may be subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000).