BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 547
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 547 (Gatto) - As Amended:  May 5, 2011 

          Policy Committee:                              ElectionsVote:6-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill makes it a misdemeanor for a person who, while 
          providing care or direct supervision to an elder (65 or older) 
          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 would include, but is not limited to, elders residing in 
          long-term health care facilities and residential care facilities 
          for the elderly, as well as elders who are recipients of in-home 
          supportive services and adult day health care programs.)

           FISCAL EFFECT  

          Minor nonreimbursable costs to counties for prosecution and 
          potential incarceration involving violations of the bill's 
          provision, offset to some extent by fine revenues.

           COMMENTS  

           Purpose . According to the author, "With a rising number of our 
          seniors finding themselves in living situations where they are 
          under continuous care and/or supervision, there has been a 
          growing body of work by scholars and policy makers studying how 
          to best protect the voting rights of this population when some 
          may find themselves in living situations where there is a danger 
          of intimidation, deception, or coercion when it comes to 
          participation in elections.

          Congress commissioned a report by the General Accounting Office 
          (GAO) on the integrity of the voting process in long-term care 








                                                                  AB 547
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          facilities. This report noted, in part, that population is 
          "vulnerable to fraud and undue influence from relatives, 
          long-term care facility staff, campaign workers, or candidate 
          supporters, who sometimes provide assistance when casting their 
          vote."

          The author contends this measure would be an important step 
          toward developing a more comprehensive policy on the voting 
          rights of California's senior population. 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081