BILL NUMBER: AB 547	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2011
	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 16, 2011

   An act to add Section 18573.5 to the Elections Code, relating to
voting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 547, as amended, Gatto. Voting.
   Existing law permits a voter who is unable to mark a ballot to
receive the assistance of not more than 2 persons, selected by the
voter, at a polling place. In addition, existing law imposes criminal
penalties on specified activities that interfere with another person'
s right to vote, including defrauding a voter who cannot read the
ballot by deceiving and causing him or her to vote for a candidate
that he or she did not intend to vote for.
   This bill would provide that a person is guilty of a misdemeanor
 , punishable by a fine not to exceed $10,000 for each vote cast,
 if he or she, while providing care or direct supervision to an
elder, as defined, in a state-licensed or state-subsidized facility
or program, coerces or deceives the elder into voting for or against
a candidate or measure contrary to the elder's intent or in the
absence of any intent of the elder regarding that vote.
   This bill would impose a state-mandated local program by creating
an additional crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 18573.5 is added to the Elections Code, to
read:
   18573.5.  (a)  Every person is guilty of a misdemeanor
who, while   It is a misdemeanor, punishable by a fine
not to exceed ten thousand dollars ($10,000) for each vote cast, for
a person who is  providing care or direct supervision to an
elder in a state-licensed or state-subsidized facility or program
 , coerces or deceives   to coerce or deceive
 the elder into voting for or against a candidate or measure
contrary to the elder's intent or in the absence of any intent of the
elder regarding that vote.
   (b) For purposes of this section, "elder" has the same meaning as
set forth in Section 15610.27 of the Welfare and Institutions Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.