Bill Text: CA SB485 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Elections: election worker protections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 611, Statutes of 2023. [SB485 Detail]

Download: California-2023-SB485-Amended.html

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Amended  IN  Assembly  July 06, 2023

Amended  IN  Assembly  June 22, 2023

Amended  IN  Senate  May 01, 2023

Amended  IN  Senate  April 19, 2023

Amended  IN  Senate  March 30, 2023

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 485

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Introduced by Senator Becker

February 14, 2023

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An act to amend Sections 18502 and 18540 of, and to add Section 18502.5 to, of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

SB 485, as amended, Becker. Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.

This bill would expand that this crime to include interference with an elections official or their staff, including temporary workers and volunteers, or a member of a precinct board, in their performance of any duty related to conducting an election or canvass in order to prevent the election or canvass from being fairly held and lawfully conducted. The bill would clarify that “conducting an election or canvass” for purposes of this crime includes the election observation process.

The bill would also make it a crime punishable by imprisonment for 16 months or 2 or 3 years to use or threaten to use force, violence, or coercion or intimidation, or to hire or arrange for any other person to do so, to prevent or attempt to prevent an elections official, their staff, or a member of a precinct board from performing any duty related to conducting an election or canvass, or to prevent or attempt to prevent the Secretary of State or their staff from performing any of their election-related duties.

The bill would clarify that these and related penal provisions in the Elections Code apply to the election observation process.

By creating a new crime and expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with any of the following as to prevent the election or canvass from being fairly held and lawfully conducted, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:

(1) An elections official or their staff, including temporary workers and volunteers, in their performance of any duty related to conducting an election or canvass.

(2) A member of a precinct board, in their performance of any duty related to assisting with conducting an election or canvass.

(3) A voter lawfully exercising their rights of voting at an election.

(b) For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

(c) For purposes of this section, “voting at an election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.Section 18502.5 is added to the Elections Code, to read:

18502.5.

(a)Every person who makes or hires or arranges for any other person to make use of or threatens to make use of any force, violence, or tactic of coercion or intimidation to prevent or attempt to prevent any of the following is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:

(1)An elections official or their staff, including temporary workers and volunteers, from performing any duty related to conducting an election or canvass.

(2)A member of the precinct board from performing any duty related to assisting with conducting an election or canvass.

(3)The Secretary of State as the chief elections officer, or their staff, from performing any duties related to administering the provisions of this code.

(b)For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

SEC. 3.SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(c) For purposes of this section, “voting at any election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 4.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.