BILL NUMBER: AB 547	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	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.   to cast a vote for or against
that candidate or measure. This bill would also provide that a
violation of that provision would be punishable by imprisonment in a
county jail or a fine or by both that imprisonment and  
fine, as specified. 
   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) 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
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 
 to cast a vote for or against that candidate or measure  .
   (b) For purposes of this section, "elder" has the same meaning as
set forth in Section 15610.27 of the Welfare and Institutions Code.

   (c) A violation of this section is punishable by imprisonment in a
county jail not to exceed six months or by a fine not to exceed ten
thousand dollars ($10,000) per ballot containing a vote cast by the
elder as a result of the coercion or deception or by both that
imprisonment and fine.  
   (d) Nothing in this section shall preclude prosecution under any
other provision. 
  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.