Enrolled  September 05, 2024
Passed  IN  Senate  August 30, 2024
Passed  IN  Assembly  August 31, 2024
Amended  IN  Senate  August 06, 2024
Amended  IN  Senate  June 20, 2024
Amended  IN  Senate  June 11, 2024
Amended  IN  Assembly  January 22, 2024
Amended  IN  Assembly  April 10, 2023
Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 544

Introduced by Assembly Member Bryan
(Principal coauthor: Senator Skinner)

February 08, 2023

An act to add and repeal Chapter 10 (commencing with Section 2750) to Division 2 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 544, Bryan. Voting pilot program: 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, until January 1, 2030, require the Secretary of State to, upon appropriation of funds for this purpose, operate a pilot program to provide grants to county election offices in the County of San Benito, the County of San Mateo, and the County of Santa Cruz to improve voter participation in jail facilities, as defined. The bill would require grantees to facilitate in-person voting for all eligible incarcerated persons. Participating counties would be required to meet specified requirements and permit 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. In the counties administering grants under these provisions, the bill would require the county sheriff or 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 in-person voting for maintaining voter education materials in the jail library, and for posting informational flyers regarding voting rights and eligibility to vote, among other duties. The bill would require the Secretary of State to prepare a related training for voting coordinators. The bill would require a local elections official receiving a grant to evaluate the program and report the results of the evaluation to the Secretary of State, as specified.
By imposing additional duties on specific county election offices, this 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 Jails Pilot Program

2750.
 (a) Using funds appropriated for this purpose, the Secretary of State shall operate a pilot grant program to provide grants to county election offices in the County of San Benito, the County of San Mateo, and the County of Santa Cruz to design, implement, and evaluate a program to improve voter participation in jail facilities as described in subdivision (d). The grants shall be issued in a timely fashion, in order to support increased participation in statewide primary and general elections from 2026 through 2028. During this period, the counties may also provide in-person voting for eligible incarcerated persons for local and special elections. Grants shall be administered by the county elections office to coordinate with county sheriffs or jail administrators to provide in-person voting accessible to eligible incarcerated persons.
(b) For purposes of this section, “jail facility” means a city or county jail. “Jail facility” does not include a state or federal prison facility.
(c) A county that receives grant funds under this section shall, at minimum, facilitate in-person voting for all eligible incarcerated persons at each jail facility in the county, permitting an eligible incarcerated person to do any of the following:
(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 machine that provides for a private and independent voting experience.
(d) (1) An eligible incarcerated person shall be provided with all of the following during in-person voting:
(A) The accessibility requirements described in Section 12280 and reasonable modifications and auxiliary aids and services as required by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).
(B) Election materials translated in all languages required in the jurisdiction under subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(C) To the maximum extent feasible, all materials required by Sections 14105, 14105.1, 14105.2 and 14105.3.
(D) Protections related to intimidation and electioneering including those in Sections 18540 to 18548, inclusive, and Sections 18370 to 18372, inclusive. The activities described in subdivision (a) of Section 18370 are prohibited within 100 feet of a location used to allow eligible incarcerated persons to vote in-person.
(2) In-person voting established within a jail facility pursuant to this section does not count toward a jurisdiction’s number of required polling places or vote centers required under existing law.
(e) The county elections official shall coordinate with the county sheriff or jail facility administrator to design and implement a program to establish in-person voting at each jail at which an eligible incarcerated person may perform the activities specified in subdivision (c). A plan describing the program shall be posted on the county elections official’s internet website. That plan shall include details regarding how eligible incarcerated persons may perform the activities specified in subdivision (c) during a facility lockdown or modified program and when assigned to administrative segregation or other restricted housing units. 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, in addition to the standards prescribed in subdivision (c).
(f) (1) In a county administering a grant in accordance with this section, the county sheriff or jail facility administrator shall designate an employee as a voting coordinator at each jail facility for in-person voting 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 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.
(3) The voting coordinator shall complete a training prepared by the Secretary of State and made available on the Secretary of State’s internet website that includes, but is not limited to, information regarding voter rights, voter eligibility, voting requirements, and other related election laws as determined by the Secretary of State.
(g) The county sheriff or 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.
(h) 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.
(i) At least 60 days prior to an election, the county sheriff or jail facility administrator may, in coordination with other government groups or nonprofit organizations, hold an informational session in a 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.
(j) Voting in accordance with this section shall commence at any time beginning on the 29th day before an election through election day. Each pilot county shall provide at least eight hours of cumulative voting in each jail facility, which may occur over one or more days during the relevant period. Each pilot county shall make its best efforts to go beyond the minimum of eight hours and provide at least 13 cumulative hours of voting time.
(k) (1) For each election that the program is conducted, a local elections official receiving a grant pursuant to this section shall evaluate the program and report the results of the evaluation to the Secretary of State. The report shall include statistics relating to the cost of conducting the jail voting program, voter turnout, voter registration, conditional voter registration and provisional ballot use, ballot rejection rates, reasons for ballot rejection, the number of votes cast at each jail voting location, and the number of persons who registered to vote at each jail voting location. The report shall also include a description of challenges in implementing and administering the program and recommendations regarding future models to administer voting in jails. To the extent possible, the report shall disaggregate the aforementioned data by categories of race, ethnicity, language preference, age, gender, disability, political party affiliation, and language minorities as it relates to the languages required under 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 report required by paragraph (1) shall be submitted by the Secretary of State to the Legislature in compliance with Section 9795 of the Government Code and shall be posted on the internet website of the Secretary of State in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.
(3) A local elections official may contract with any qualified person or organization for purposes of preparing the report required by paragraph (1).
(4) A local elections official who receives a grant pursuant to this section shall share a copy of the plan prepared under subdivision (e) and other materials prepared to administer the program in accordance with this section with the Secretary of State, who shall maintain a repository and make the materials available to other counties.
(l) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

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.