BILL ANALYSIS �
AB 1311
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Date of Hearing: August 27, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1311 (Bradford) - As Amended: August 18, 2014
CONCURRENCE IN SENATE AMENDMENTS
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|ASSEMBLY: |57-14|(May 13, 2013) |SENATE: |34-2 |(August 21, |
| | | | | |2014) |
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SUBJECT : Recall elections and voter registration.
SUMMARY : Establishes a process for filling a vacancy in an
office that occurs after a recall petition has been filed
against the vacating officer and clarifies provisions of law
related to voter registration assistance for a conservatee.
Specifically, this bill :
1)Requires the elections official or officials to verify the
signatures on the recall petition that have been submitted as
of the date of the vacancy.
2)Provides that if a sufficient number of signatures have been
filed for the recall to qualify as of the date of the vacancy,
the recall election shall proceed.
3)Provides that if an insufficient number of signatures or no
signatures were filed for the recall to qualify as of the date
of the vacancy, the recall shall not proceed and the vacancy
shall be filled as provided by law.
4)Provides that a person who is the subject of a recall petition
may not be appointed to fill the vacancy in the office that he
or she vacated nor shall that person be appointed to fill any
other vacancy in office on the same governing board for the
duration of the term of office of the seat that he or she
vacated.
5)Deletes the requirement that any person appointed to fill a
vacancy shall hold the office only until a successor is
selected.
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The Senate amendments :
1)Prohibit a person, including a conservatee, from being
disqualified from voting on the basis that he or she signs the
affidavit of voter registration with mark or a cross, signs
the affidavit of voter registration with a signature stamp, or
completes the affidavit of registration with the assistance of
another person.
2)Make other corresponding changes.
AS PASSED BY THE ASSEMBLY , this bill established a process for
filling a vacancy in an office that occurs after a recall
petition has been filed against the vacating officer.
EXISTING LAW :
1)Provides that if a vacancy occurs in an office after a recall
petition is filed against the vacating officer, the recall
election shall proceed. Provides that the vacancy shall be
filled as provided by law, but any person appointed to fill
the vacancy shall hold office only until a successor is
selected and the successor qualifies for that office.
2)Permits a person who is a United States citizen, a resident of
California, and at least 18 years of age at the time of the
next election to register to vote.
3)Provides that the Legislature shall prohibit improper
practices that affect elections and shall provide for the
disqualification of electors while mentally incompetent or
imprisoned or on parole for the conviction of a felony.
4)Permits an individual to receive assistance from another
person when completing an affidavit of registration. Requires
any person that assists an individual in completing the
affidavit, to sign and date the affidavit below the signature
of the affiant.
5)Requires an individual to certify the content of the affidavit
of voter registration as to its truth and correctness, under
penalty of perjury, with a signature and the date of signing.
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If the individual is unable to write, he or she may instead
sign with a mark or cross or use a signature stamp, as
specified.
6)Prohibits a citizen from being denied the right to vote in any
federal, state, or local election conducted in any state or
political subdivision of a state because of his or her failure
to comply with any test or device. Defines a "test or device"
to include, among other things, any requirement that a person
demonstrate the ability to read, write, understand, or
interpret any matter.
7)Provides for voters who need assistance to vote by reason of
blindness, disability, or inability to read or write to be
given assistance by a person of the voter's choice.
8)Regulates the terms and conditions of conservatorships and
creates various requirements for a court and a court
investigator with regard to informing a proposed conservatee
that he or she may be disqualified from voting if he or she is
not capable of completing an affidavit of voter registration.
Requires a person be deemed mentally incompetent and
disqualified from voting if a court finds that he or she is
not capable of completing an affidavit of voter registration,
as specified.
9)Requires the court, whenever an order establishing a
conservatorship is made and in connection with the order it is
found that the person is not capable of completing an
affidavit of voter registration, to forward the order and
determination to the county elections official of the person's
county of residence.
FISCAL EFFECT : None. This bill is keyed non-fiscal by
Legislative Counsel.
COMMENTS :
1)Prior Committee Consideration of This Measure : In May of last
year, this committee considered and approved this measure on a
5-1 vote. At the time, this measure would have established a
process for filling a vacancy in an office that occurs after a
recall petition has been filed against the vacating officer.
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Subsequent to the committee's approval of this measure, it was
amended in the Senate to add language to the bill related to
voter registration assistance for a conservatee. As a result,
this bill has been re-referred to this committee for further
consideration pursuant to Assembly Rule 77.2.
2)Purpose of the Bill : According to the author:
California law specifies circumstances under which a person
is disqualified from voting. One of these is a finding by a
court that a person is mentally incompetent. Californians
with intellectual or developmental disabilities who are
placed under conservatorship are evaluated during a court
proceeding for mental competency. If the potential voter in
question is unable to complete a voter registration
application, he or she is disqualified. California's
Election Code allows a person to receive assistance when
registering to vote, but the allowances are not referenced
or included in the statutes regulating conservatorship
proceedings. This lack of clarity holds the potential for
qualified voters to be disenfranchised.
[Additionally, questions] have arisen of how current law
would be interpreted regarding the timing of a vacancy in
an office subject to a recall. Specifically, concerns have
been raised over "musical chairs" gamesmanship, where
someone might resign to avoid a recall moving forward then
get appointed to another vacancy on the same governing
body. Current law provides that if an elected official
resigns after a recall petition is filed with the county
elections official, the entire recall process, including
the requirement that an election be held, must proceed. . .
. AB 1311 addresses this conflict by clarifying the process
to be followed when the elected official resigns after
recall petitions have been filed with a county elections
office.
3)Conservatee Rights : In California, if an adult is unable to
manage his or her medical, personal, and financial decisions,
a conservator of the person may be appointed. While a
conservator of the person has charge of the care, custody and
control of the conservatee, that power is not absolute.
According to a form adopted by the Judicial Council entitled
Notice of Conservatee's Rights, when a person becomes a
conservatee, he or she does not necessarily lose the right to
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take part in important decisions affecting his or her property
and way of life. After appointment of a conservator, the
conservatee keeps specified rights including the right to vote
unless the court has limited or taken that right away.
4)Voting Rights Complaint : In July of this year the Disability
and Abuse Project of Spectrum Institute filed a formal
complaint with the United States Department of Justice's Civil
Rights Division against the Los Angeles Superior Court
regarding their application of existing state law deeming
conservatees ineligible to register to vote if they are not
capable of completing an affidavit of voter registration. The
complaint asserts that this practice constitutes a violation
of the federal Voting Rights Act's (VRA) prohibition on use of
a test or device as a prerequisite for voter registration.
The United States Department of Justice has not yet responded
to the complaint.
5)Voter Registration Assistance : Article II, Section 2 of the
California Constitution permits a person who is a United
States citizen, a resident of California, and at least 18
years of age at the time of the next election, to register to
vote. Additionally, Article II, Section 4 of the California
Constitution provides that the Legislature shall prohibit
improper practices that affect elections and shall provide for
the disqualification of electors while mentally incompetent or
imprisoned or on parole for the conviction of a felony.
Moreover, Section 208 of the federal VRA provides that voters
who need assistance to vote by reason of blindness,
disability, or inability to read or write may be given
assistance by a person of the voter's choice. Section 201 of
the VRA provides that no citizen shall be denied the right to
vote in any federal, state, or local election conducted in any
state or political subdivision of a state because of his or
her failure to comply with any test or device. The VRA
defines a "test or device" to include, among other things, any
requirement that a person demonstrate the ability to read,
write, understand, or interpret any matter.
Current state law permits an individual to receive assistance
from another person when completing an affidavit of voter
registration and requires the person that assists the
individual in completing the affidavit to sign and date the
affidavit, as specified. Additionally, state law requires an
individual to certify the content of the affidavit of voter
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registration as to its truth and correctness, under penalty of
perjury, with a signature and the date of signing and provides
that if the individual is unable to write he or she may
instead sign with a mark or cross or use a signature stamp, as
specified.
This bill ensures federal and state laws related to voter
registration assistance are applied equally to any individual
who seeks to register to vote. Accordingly, this bill
prohibits a person, including a conservatee, from being
disqualified from voting on the basis that he or she signs the
affidavit of voter registration with mark or a cross, signs
the affidavit of voter registration with a signature stamp, or
completes the affidavit of registration with the assistance of
another person. In addition, this bill clarifies provisions
of state law that regulate the establishment and review of
conservatorships by the court to include references to
existing law regarding the completion of an affidavit of voter
registration.
6)Previous Legislation : AB 2088 (Adams) of 2010, was
substantially similar to the recall related portions of this
measure except that AB 2088 would have clarified a conflict
regarding the number of signatures that need to be verified
using a random sampling technique when recall petitions are
filed. AB 2088 was vetoed by Governor Schwarzenegger. In his
veto message, Governor Schwarzenegger said that "this bill
would limit an important power of direct democracy by limiting
voters' ability to recall an elected official and elect a
replacement. Unfortunately recall efforts can become punitive
rather than a constructive effort to replace an officeholder;
however, the recall process as a whole is an important
component of the people's right to directly change their
government. Under the provisions of this bill, an official
subject to a recall could resign and allow a successor to take
their place. This limits the ability of the voters to select
the replacement through a recall election."
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1311
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Secretary of State Debra Bowen (sponsor)
The ARC of Ventura County
Association of Regional Center Agencies
California Foundation for Independent Living Centers
Disability & Abuse Project
Institute for Ethical Leadership
7 Individuals
Opposition
None on file.
Analysis Prepared by : Nichole Becker & Lori Barber / E. & R.
/ (916) 319-2094