BILL ANALYSIS �
AB 2243
Page 1
Date of Hearing: April 1, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2243 (Weber) - As Introduced: February 21, 2014
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to make specified information relating to
voting rights of incarcerated persons available to the public.
Specifically, this bill :
1)Requires CDCR to do one of the following:
a) Establish and maintain on the department's Internet
Website a hyperlink to the Internet Website at which the
Secretary of State's voting rights guide for incarcerated
persons may be found.
b) Post, in each parole office where parolees are seen, a
notice that contains the Internet Website address at which
the Secretary of State's voting rights guide for
incarcerated persons may be found.
EXISTING LAW :
1)Requires each county probation department to do one of the
following:
a) Establish and maintain on the county probation
department's Internet Website a hyperlink to the Internet
Website at which the Secretary of State's voting rights
guide for incarcerated persons may be found.
b) Post, in each county probation department where
probationers are seen, a notice that contains the Internet
Website address at which the Secretary of State's voting
rights guide for incarcerated persons may be found. (Pen.
Code, � 2101.5, subd. (a).)
2)Requires the Legislature to provide for the disqualification
of electors while mentally incompetent or imprisoned or on
AB 2243
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parole for the conviction of a felony. (Cal. Const., Article
II, � 4.)
3)Requires that a person be a U.S. citizen, California resident,
not in prison or on parole for the conviction of a felony, and
at least 18 years of age at the time of the next election to
be entitled to register to vote in this state. (Elec. Code �
2101.)
4)Requires the facility administrator of a local detention
facility to develop written policies and procedures whereby
the county registrar of voters allows qualified voters to vote
in local, state, and federal elections, pursuant to election
codes. (Cal. Code Regs., Title 15, � 1071.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Civic
participation can be a critical component of re-entry and has
been linked to reduced recidivism, persons involved in our
criminal justice system are not apprised of their voting
rights nor is accurate voter information readily accessible to
them. Rumors and misinformation abound, and even from courts,
public defenders and elections officials often give out
incorrect information about voter eligibility.
"AB 2243 is a modest measure that aims to ensure persons
involved in the criminal justice system are given accurate
information about their voting rights and are afforded the
opportunity to participate in the civic life of their
communities by either requiring each county parole department
to post hyperlink on its internet website to the Secretary of
State's voting guide for current and formerly incarcerated
persons or by posting a notice with the Internet web address
containing the Secretary of State's voting rights guide for
incarcerated persons in each parole office where parolees are
seen."
2)Prior Legislation : AB 149 (Weber), Chapter 580, Statutes of
2013, required each county probation department to either
establish and maintain on the department's Web site a
AB 2243
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hyperlink to the Secretary of State's voting rights guide for
incarcerated persons or post a notice with the Web site
address that contains the Secretary of State's voting rights
guide for incarcerated persons in each probation office where
probationers are seen.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Public Defenders Association
California Attorneys for Criminal Justice
Drug Policy Alliance
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744