Bill Text: CA AB1337 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: electioneering.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 146, Statutes of 2009. [AB1337 Detail]

Download: California-2009-AB1337-Amended.html

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BILL NUMBER: AB 1337	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section 18370 of, and to add Section 319.5 to, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, as amended, Evans. Elections: electioneering.
   Existing law makes it a crime to conduct certain political
activities within 100 feet of a polling place or an elections
official's office while the polls are open on election day.
Electioneering is one of the activities prohibited by these
provisions.
   This bill would define electioneering as displaying visible 
or disseminating audible  information that advocates for or
against any candidate or measure on the ballot  in specified
locations  .
   This bill would extend the prohibition on specified political
activities to satellite voting locations.
   Because this bill would change or expand the definition of a
crime, it would impose a state-mandated local program.
   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 319.5 is added to the Elections Code, to read:
   319.5.  "Electioneering" means  displaying visible
  the visible display or audible dissemination of 
information that advocates for or against any candidate or measure on
the ballot  within 100 feet of a polling place, an elections
official's office, or a satellite location under Section 3018 .
Prohibited  information includes, but is not limited to,
buttons, hats, pencils, pens, shirts, signs, and stickers. 
 electioneering information includes, but is not limited to, any
of the following:  
   (a) A display of a candidate's name, likeness, or logo.  

   (b) A display of a ballot measure's number, title, subject, or
logo.  
   (c) Buttons, hats, pencils, pens, shirts, signs, or stickers
containing electioneering information.  
   (d) Dissemination of audible electioneering information. 
  SEC. 2.  Section 18370 of the Elections Code is amended to read:
   18370.  No person, on election day, or at any time that a voter
may be casting a ballot, shall, within 100 feet of a polling place, a
satellite location under Section 3018, or an elections official's
office:
   (a) Circulate an initiative, referendum, recall, or nomination
petition or any other petition.
   (b) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
   (c) Place a sign relating to voters' qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
   (d) Do any electioneering as defined by Section 319.5.
   As used in this section, "100 feet of a polling place, a satellite
location under Section 3018, or an elections official's office"
means a distance 100 feet from the room or rooms in which voters are
signing the roster and casting ballots.
   Any person who violates any of the provisions of this section is
guilty of a misdemeanor.
  SEC. 3.  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.