Bill Text: CA AB544 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voting pilot program: county jails.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB544 Detail]
Download: California-2023-AB544-Amended.html
NOYES
SECTION 1. Section 10 of the Elections Code is amended to read: 10.
Bill Title: Voting pilot program: county jails.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB544 Detail]
Download: California-2023-AB544-Amended.html
|
Amended
IN
Assembly
March 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 544
| Introduced by Assembly Member Bryan |
February 08, 2023 |
An act to amend Section 10 of add Chapter 10 (commencing with Section 2750) to Division 2 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 544, as amended, Bryan.
Elections: Secretary of State. Voting: county jails.
Under existing law, a person is authorized to vote if that person is a United States citizen, a resident of California, at least 18 years of age, and not imprisoned for the conviction of a felony. Existing law further specifies conditions under which a person may register to vote, vote in person, vote by mail, vote a provisional ballot, and receive a replacement ballot.
This bill would require a county jail facility, for elections held on or after November 1, 2024, to provide a polling location, as defined, that permits any eligible incarcerated person to perform specified activities, including registering to vote and voting, returning a vote by mail
ballot, voting a provisional ballot, and receiving a replacement ballot. The bill would require the county elections official to work with the county sheriff or county jail facility administrator to design and implement a program that establishes a polling location at each facility and to post the plan for the program on the county elections official’s internet website. The bill would require the county sheriff or county jail facility administrator to designate an employee as a voting coordinator at each facility who will be responsible for ensuring compliance with requirements pertaining to polling locations, for maintaining voter education materials in the jail library, and for posting informational flyers regarding voting rights and eligibility to vote, among other duties.
By imposing new duties on local officials, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, the Secretary of State is the chief elections officer of the state and has specified powers and duties related to the conduct of elections. Existing law requires the Secretary of State to make reasonable efforts to promote voter registration, as further specified, and specifically requires the Secretary of State to promote civic learning and engagement to prepare students and new citizens to register to vote and to vote.
This bill would refine that specific provision, instead requiring the Secretary of State to make reasonable efforts to promote civic learning and engagement to prepare newly eligible voters, including students and new citizens, to register to vote and to vote.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares as follows:(a) The right to vote is fundamental and is guaranteed to all eligible citizens in the California Constitution. All citizens are granted the power to contribute to their local, state, and national government by voting in elections to convey opposition to or support for policies or public officials. The right to vote and participate in the democratic process is, like paying taxes, as much a
civic responsibility as it is a civil right. Thus, governing bodies possess a moral, ethical, and fiduciary duty to fiercely protect the right to vote for all citizens.
(b) Among those persons who are entitled to exercise the right to register to vote and to vote in our state are persons with prior criminal convictions and persons who are currently incarcerated in California’s local detention facilities, with certain exceptions. Regardless, statistics collected during each election cycle indicate that incarcerated persons, a group that is overwhelmingly comprised of people from low-income communities of color, experience significant challenges to voting due to structural barriers created within the criminal justice system. Fostering the right to vote and making voting materials and information accessible for eligible incarcerated persons
is essential.
(c) Models of voter engagement in California and other states have increased voter participation among persons held in local jails, have provided safe, secure elections, and have supported rehabilitation by reinforcing values of civic engagement and participation in democratic governance.
SEC. 2.
Chapter 10 (commencing with Section 2750) is added to Division 2 of the Elections Code, to read:CHAPTER 10. Voting in County Jails
2750.
(a) For an election held on or after November 1, 2024, a county jail facility shall provide a polling location. For purposes of this section, “polling location” means a polling place, vote center, or other means at the county jail facility that permits an eligible incarcerated person to perform the activities specified in subdivision (b).(b) The county elections official shall coordinate with the county sheriff or county jail facility administrator to establish a polling location at each county jail facility that permits an eligible incarcerated person to do any of the following at the polling location:
(1) Return, or vote and return, the voter’s vote by mail ballot.
(2) Register to vote, update the voter’s voter registration, and vote pursuant to Section 2170.
(3) Receive and vote a provisional ballot pursuant to Article 5 (commencing with Section 14310) of Chapter 3 of Division 14.
(4) Receive a replacement ballot upon verification that the county elections official has not received a ballot for the same election from the voter. If the county elections official is unable to determine if they have received a ballot for the same election from the voter, the county elections official may issue a provisional ballot.
(5) Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience.
(c) The county elections official shall coordinate with the county sheriff or county jail facility administrator to design and implement a program to establish a polling location at each county jail facility at which an eligible incarcerated person may perform the activities specified in subdivision (b). A plan describing the program shall be posted on the county elections official’s internet website. After consulting with county elections officials and county sheriffs, the Secretary of State shall adopt regulations prescribing best practices and minimum requirements for these programs.
(d) (1) The county sheriff or county jail facility administrator shall designate an employee as a voting coordinator at each county jail facility who shall be responsible for the facility’s compliance with the requirements of this chapter. The responsibilities of the voting coordinator shall also include, but are not limited
to, all of the following:
(A) Ensuring voter registration forms are continuously available to incarcerated persons and providing them with information regarding how to complete the forms and relevant deadlines for completing them.
(B) Ensuring the county jail facility maintains in its library updated nonpartisan voter education materials and information regarding the voting rights and eligibility of an incarcerated or formerly incarcerated person, including information and materials published by the Secretary of State and the county elections official.
(C) At least 60 days prior to an election and continuing through election day, posting in a conspicuous location in housing and common areas to which incarcerated persons have access, informational flyers regarding the voting rights and eligibility of an incarcerated
person or a person with a criminal history, including informational flyers published by the Secretary of State and the county elections official. The informational flyers shall be translated in all languages required of the jurisdiction pursuant to subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(2) The voting coordinator shall make reasonable efforts to coordinate with the county elections official to implement this subdivision.
(e) At least 60 days prior to an election, the county sheriff or county jail facility administrator may, in coordination with other government groups or non-profit organizations, hold an informational session in a county jail facility that includes conducting in-person nonpartisan voter education efforts and providing nonpartisan voter education information and materials regarding
voter eligibility requirements, deadlines, and steps to register to vote and vote.
(f) The county sheriff or county jail facility administrator shall, at a minimum, develop policies and procedures that do both of the following with respect to incarcerated persons:
(1) Ensure all registration forms and completed vote by mail ballots are timely submitted to the appropriate elections official.
(2) Ensure the secrecy of the ballot is protected pursuant to Section 7 of Article II of the California Constitution.
(g) The county sheriff shall provide voter eligibility information for incarcerated or formerly incarcerated persons, as applicable, upon intake to, and discharge from, the county jail.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)The Secretary of State is the chief elections officer of the state, and has the powers and duties specified in this code and Section 12172.5 of the Government Code.
(b)(1)The Secretary of State shall make reasonable efforts to do all of the following:
(A)Promote voter registration to eligible voters.
(B)Encourage eligible voters to vote.
(C)Promote preregistration to eligible citizens.
(D)Promote civic learning and
engagement to prepare
newly eligible voters, including students and new citizens, to register to vote and to vote.
(2)In undertaking these efforts, the Secretary of State shall prioritize communities that have been historically underrepresented in voter registration or voting.
(c)Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of State shall incorporate messages into public election materials produced by the Secretary of State that promote awareness of, and encourage participation in, the census. In undertaking this effort, the Secretary of State shall prioritize messages that are designed to overcome significant challenges to a complete and accurate enumeration of the state, including
messages targeted at overcoming barriers to participation by historically hard-to-count communities based on response rate data from the United States Census Bureau.
