BILL ANALYSIS �
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Benjamin Allen, Chair
2015 - 2016 Regular
Bill No: SB 505 Hearing Date: 4/21/15
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|Author: |Mendoza |
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|Version: |4/9/15 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Frances Tibon Estoista |
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Subject: Voter Bill of Rights
DIGEST
This bill eliminates the requirement that the Voter Bill of
Rights (VBOR) be worded as currently specified and instead
authorizes the Secretary of State (SOS) to revise the wording as
necessary to ensure the use of clear and concise language free
from technical terms.
ANALYSIS
Existing law:
1. Requires a VBOR be made available in the statewide voter
pamphlet to all voters with printed copies supplied by the
SOS for conspicuous posting both inside and outside of every
polling place. The VBOR reads as follows:
A. You have the right to cast a ballot if you are a valid
registered voter. (A valid registered voter means a United
States citizen who is a resident in this state, who is at
least 18 years of age and not in prison or on parole for
conviction of a felony, and who is registered to vote at
his or her current residence address.)
B. You have the right to cast a provisional ballot if
your name is not listed on the voting rolls.
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C. You have the right to cast a ballot if you are present
and in line at the polling place prior to the close of the
polls.
D. You have the right to cast a secret ballot free from
intimidation.
E. You have the right to receive a new ballot if, prior
to casting your ballot, you believe you made a mistake.
If at any time before you finally cast your ballot, you
feel you have made a mistake, you have the right to
exchange the spoiled ballot for a new ballot.
Vote-by-mail voters may also request and receive a new
ballot if they return their spoiled ballot to an elections
official prior to the closing of the polls on Election
Day.
F. You have the right to receive assistance in casting
your ballot, if you are unable to vote without assistance.
G. You have the right to return a completed vote by mail
ballot to any precinct in the county.
H. You have the right to election materials in another
language, if there are sufficient residents in your
precinct to warrant production.
I. You have the right to ask questions about election
procedures and observe the election process.
J. You have the right to ask questions of the precinct
board and elections officials regarding election
procedures and to receive an answer or be directed to the
appropriate official for an answer. However, if
persistent questioning disrupts the execution of their
duties, the board or election officials may discontinue
responding to questions.
AA. You have the right to report any illegal or fraudulent
activity to a local elections official or to the SOS's
office.
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Existing law also:
A. Requires that beneath the VBOR a toll-free telephone
number be listed to call if a person has been denied a
voting right or to report election fraud or misconduct.
B. Permits the SOS to develop regulations to implement
and clarify the Voter Bill of Rights.
C. Requires the VBOR be made available to the public
before each election and on election day, at a minimum,
as follows:
D. Requires the VBOR be printed in the statewide voter
pamphlet.
E. Requires posters or other printed materials
containing the Voter Bill of Rights be included in
precinct supplies.
This bill:
1. Permits the SOS to revise the wording of the VBOR as
necessary to ensure the use of clear and concise language
free from technical terms.
BACKGROUND
AB 177 (Oropeza), Chapter 425, Statutes of 2003, among other
things, enumerated a Voter Bill of Rights (VBOR) and required
the VBOR to be published and posted. Since becoming law, the
VBOR is typically printed and located on the inside of the
statewide voter pamphlet and is also required to be posted or
printed in other materials included in precinct supplies for
conspicuous posting both inside and outside of every polling
place.
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Although each of these rights were already in existence in
various sections of either the Government Code or the Elections
Code, these code sections were paraphrased and summarized into
the VBOR located in one section of the Elections Code.
The VBOR's author, Assembly member Jenny Oropeza stated in her
written testimony before the Assembly Elections Committee that,
"In recent elections there have been numerous reports of voters
being turned away at the polls. Many of these voters are new
citizens whose primary language is not English. Additionally,
poll workers have reported they do not offer provisional ballots
under many permissible circumstances. As a result, AB 177 seeks
to protect all voters, so that they may understand and defend
their rights."
Former Secretary of State Kevin Shelley, the sponsor of AB 177
wrote in his letter of support, "Voters, and often poll workers,
are unfamiliar with what rights a voter has. AB 177 provides
for a listing of voter's basic rights, and requires that voters
receive notification of these rights both in the sample ballot
and at their polling places. The provisions of the Voters Bill
of Rights provide for a common sense approach to voter education
at the polling place."
COMMENTS
1.According to the author : Senate Bill 505 would ensure that
California's Voter Bill of Rights is provided to voters in
plain , accessible language. Pursuant to existing law, the
Voter Bill of Rights is provided to voters at every election
in the state ballot pamphlet prepared by the Secretary of
State. It is also posted inside and outside of all polling
places. The Voter Bill of Rights seeks to ensure that voters
understand their eligibility to vote, how they can receive
help with voting or other polling place problems, their
ability to be provided election materials in another language,
their rights to be free from intimidation, whether their mail
ballot is counted, and more. It also provides a toll free
number for reporting denial of voting rights and other
potential violations of election law. The original English
language version of the Voter Bill of Rights is currently
translated into nine languages. An American Sign Language
video is also available on the Secretary of State website.
Translation of the Voter Bill of Rights is challenging because
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standards for translation require direct translation of each
word and the statutory wording, which is the source for
translation, is not written in plain language. When source
documents are written in plain language, translation is easier
and more effective because the message that needs to be
communicated is clearer.
The Secretary of State has limited authority to ensure that
election materials are prepared and provided in plain
language. SB 505 helps ensure that voters are better informed
about their key electoral rights under state law by formally
allowing the SOS to inform voters using plain language text to
describe the Voter Bill of Rights.
RELATED/PRIOR LEGISLATION
AB 535 (Grove) of 2015 would require ballot titles and summaries
prepared by the Department of Finance to, "Be written in clear
and concise terms, understandable to the average voter, and in
an objective and nonpartisan manner, avoiding the use of
technical terms whenever possible." That bill is currently
awaiting hearing in the Assembly Appropriations Committee.
AB 177 (Oropeza), Chapter 425, Statutes of 2003 originally
codified the Voter Bill of Rights.
POSITIONS
Sponsor: Secretary of State
Support: None received
Oppose:None received
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