AB 554: Elections: precinct board members.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-10
Existing law requires that each member of a precinct board be a voter of the county, except that an elections official may appoint not more than 5 pupils per precinct to serve under the direct supervision of designated board members, as specified. Among other qualifications, such a pupil must be a United States citizen or be a citizen at the time of the election for which he or she is serving as a member of the precinct board.
This bill would additionally authorize an elections official to appoint a pupil who is lawfully admitted for permanent residence in the United States, as defined in federal law, to serve as a precinct board member.
Existing law requires that each member of a precinct board be a voter of the county, except that an elections official may appoint not more than 5 pupils per precinct to serve under the direct supervision of designated board members, as specified. Among other qualifications, such a pupil must be a United States citizen or be a citizen at the time of the election for which he or she is serving as a member of the precinct board.
This bill would additionally authorize an elections official to appoint a pupil who is lawfully admitted for permanent residence in the United States, as defined in federal law, to serve as a precinct board member.
Existing law requires that each member of a precinct board be a voter of the county, except that an elections official may appoint not more than 5 pupils per precinct to serve under the direct supervision of designated board members, as specified. Among other qualifications, such a pupil must be a United States citizen or be a citizen at the time of the election for which he or she is serving as a member of the precinct board.
This bill would additionally authorize an elections official to appoint a pupil who is lawfully admitted for permanent residence in the United States, as defined in federal law, to serve as a precinct board member.
(a)Except as provided in subdivisions (b) and (c), a member of a precinct board shall be a voter of the state. The member may serve only in the precinct for which his or her appointment is received.
(b)(1)In order to provide for a greater awareness of the elections process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint not more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. A pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
(A)Is at least 16 years of age at the time of the election for which he or she is serving as a member of a precinct board.
(B)Is a United States citizen, will be a citizen at the time of the election for which he or she is serving as a member of a precinct board, or is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(C)Is a pupil in good standing attending a public or private secondary educational institution.
(D)Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
(2)A pupil appointed pursuant to this subdivision may not be used by a precinct board to tally votes.
(c)(1)In order to promote civic engagement among residents of the state and to provide additional members of precinct boards, an elections official may appoint not more than five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, notwithstanding his or her lack of eligibility to vote, if the nonvoter possesses the following qualifications:
(A)Is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(B)Is otherwise eligible to register to vote pursuant to Section 2101 except for his or her lack of United States citizenship.
(2)A nonvoter appointed to a precinct board pursuant to this subdivision shall not be permitted to do either of the following:
(A)Serve as, or perform any of the duties of, the inspector of a precinct board.
(B)Tally votes for the precinct board.
(a)Except as provided in subdivisions (b) and (c), a member of a precinct board shall be a voter of the state. The member may serve only in the precinct for which his or her appointment is received.
(b)(1)In order to provide for a greater awareness of the elections process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint not more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. A pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
(A)Is at least 16 years of age at the time of the election for which he or she is serving as a member of a precinct board.
(B)Is a United States citizen, will be a citizen at the time of the election for which he or she is serving as a member of a precinct board, or is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(C)Is a pupil in good standing attending a public or private secondary educational institution.
(D)Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
(2)A pupil appointed pursuant to this subdivision may not be used by a precinct board to tally votes.
(c)(1)In order to promote civic engagement among residents of the state and to provide additional members of precinct boards, an elections official may appoint not more than five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, notwithstanding his or her lack of eligibility to vote, if the nonvoter possesses the following qualifications:
(A)Is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(B)Is otherwise eligible to register to vote pursuant to Section 2101 except for his or her lack of United States citizenship.
(2)A nonvoter appointed to a precinct board pursuant to this subdivision shall not be permitted to do either of the following:
(A)Serve as, or perform any of the duties of, the inspector of a precinct board.
(B)Tally votes for the precinct board.
(a)Except as provided in subdivisions (b) and (c), a member of a precinct board shall be a voter of the state. The member may serve only in the precinct for which his or her appointment is received.
(b)(1)In order to provide for a greater awareness of the elections process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint not more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. A pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
(A)Is at least 16 years of age at the time of the election for which he or she is serving as a member of a precinct board.
(B)Is a United States citizen or, will be a citizen at the time of the election for which he or she is serving as a member of a precinct board, or is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(C)Is a pupil in good standing attending a public or private secondary educational institution.
(D)Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
(2)A pupil appointed pursuant to this subdivision may not be used by a precinct board to tally votes.
(c)(1)In order to promote civic engagement among residents of the state and to provide additional members of precinct boards, an elections official may appoint not more than five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, notwithstanding his or her lack of eligibility to vote, if the nonvoter possesses the following qualifications:
(A)Is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(B)Is otherwise eligible to register to vote pursuant to Section 2101 except for his or her lack of United States citizenship.
(2)A nonvoter appointed to a precinct board pursuant to this subdivision shall not be permitted to do either of the following:
(A)Serve as, or perform any of the duties of, the inspector of a precinct board.
(B)Tally votes for the precinct board.
|
Date
|
Status
|
|---|---|
| Jun 4, 2015 | Referred to Com. on E. & C.A. |
| Aug 10, 2015 | Chaptered by Secretary of State - Chapter 150, Statutes of 2015. |
| Aug 10, 2015 | Approved by the Governor. |
| Aug 3, 2015 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 11. Page 1875.). |
| Jul 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 9, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 17, 2015 | Read second time. Ordered to third reading. |
| Jun 16, 2015 | From committee: Do pass. (Ayes 4. Noes 1.) (June 16). |
| Feb 23, 2015 | Read first time. To print. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 21. Page 554.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to third reading. |
| May 13, 2015 | From committee: Do pass. (Ayes 5. Noes 2.) (May 13). |
| Mar 5, 2015 | Referred to Com. on E. & R. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 9, 2015 | Assembly 3rd Reading AB554 Mullin By Allen | Senate Floor |
Passed |
|
| Jun 16, 2015 | Do pass | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 22, 2015 | AB 554 MULLIN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Asian Americans Advancing Justice - Sacramento | ** Support | Jul 9, 2015 |
| Asians and Pacific Islanders for LGBT Equality | ** Support | Jul 9, 2015 |
| California Association of Clerks and Elections Officials | ** Support | May 22, 2015 |
| California Common Cause | ** Support | Jul 9, 2015 |
| California Immigrant Policy Center | ** Support | Jul 9, 2015 |
| Educational Fund | ** Support | Jul 9, 2015 |
| League Of Women Voters Of California | ** Support | Jul 9, 2015 |
| National Association of Latino Elected and Appointed Officials | ** Support | Jul 9, 2015 |
| Santa Clara County Board of Supervisors | ** Support | Jul 9, 2015 |
| Secretary of State Alex Padilla | ** Support | Jul 9, 2015 |
| Southeast Asia Resource Action Center | ** Support | Jul 9, 2015 |
| Southwest Center for Asian Pacific American Law | ** Support | Jul 9, 2015 |
| Thai Community Development Center | ** Support | Jul 9, 2015 |
AB 554
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 554
Introduced: 2/23/15
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 6/16/15
AYES: Allen, Hancock, Hertzberg, Liu
NOES: Anderson
ASSEMBLY FLOOR: 53-21, 5/22/15 - See last page for vote
SUBJECT: Elections: precinct board members
DIGEST: This bill authorizes an elections official to appoint a pupil, who is a lawful permanent resident of the United States (U.S.), to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
Existing law:
1) Provides that in order to provide for greater awareness of the election process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint no more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. Prohibits a pupil appointed to serve as a precinct board member from tallying votes. Provides that a pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
a) Is at least 16 years of age at the time of the election for which he or she is serving as a member of the precinct board;
b) Is a U.S. citizen or will be a citizen at the time of the election for which he or she is serving as a member of the precinct board;
c) Is a pupil in good standing attending a public or private secondary educational institution; and,
d) Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
2) Requires elections officials to make reasonable efforts to recruit precinct board members who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance. Requires the elections official, at least 14 days before an election, to prepare a publicly accessible list of the precincts to which bilingual precinct board members were appointed in order to provide language assistance to those voters lacking sufficient skills in English.
3) Requires each precinct board to post, in a conspicuous location
within the polling place, at least one copy of the ballot with ballot
measures and ballot instructions printed in Spanish in counties where
the Secretary of State (SOS) has determined it is appropriate.
Requires the ballot to be posted in other languages if a significant
and substantial need is found by the SOS.
4) Authorizes elections officials to recruit and appoint someone who is a legal permanent resident, and otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
This bill provides that a pupil who is a legal permanent resident may be appointed to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
Background
Student Precinct Board Members: Existing law allows a high school student to serve as a precinct board member, despite his or her lack of eligibility to vote, as long as the student is 16 years of age at the time of the election, a U.S. citizen at the time of the election and is enrolled and attending school with a grade point average of at least 2.5. County elections officials are permitted to recruit up to five student poll workers for each precinct.
In 2013, the Legislature passed AB 817 (Bonta, Chapter 162, Statutes of 2013), which authorizes elections officials to recruit and appoint someone who is a legal permanent resident, and otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
Language Assistance: Under the federal Voting Rights Act, a jurisdiction must provide language assistance when an elections official finds that at least five percent of the total voting age citizens are of a single language group or number at least 10,000, and the rate of English illiteracy is above the national average. Assistance includes the translation of written materials, oral assistance at poll sites and the mailing of a translated sample ballot and statewide voter guide upon request of the voter. Further, existing law requires a county to provide language assistance in election precincts where the SOS determines a need exists. This is determined when the number of limited English speaking, voting-age residents from a group reaches three percent of the total voting-age residents in a precinct. State provisions require the elections officials to translate the ballot and related instructions and to post the translated materials at those precincts. Elections officials are also required to make reasonable efforts to recruit bilingual poll workers.
Comments
According to the author, in 2013, the Legislature passed AB 817 (Bonta), which was signed into law by Governor Brown, to allow legal permanent residents to serve as poll workers in California. The bill did not, however, similarly amend the section of law that allows high school students who are at least 16 years of age to serve as poll workers. AB 554 fixes this oversight by allowing high school students who are legal permanent residents to serve as poll workers in California elections.
This change is critical because elections officials have experienced a shortage of poll workers who can speak languages other than English. With over 2.6 million eligible voters in California who are not yet fully proficient in English, this poses a problem for elections officials who are charged with ensuring all voters have access to the polls. By further expanding the pool of bilingual poll workers to include high school students who are legal permanent residents, AB 554 helps address this issue.
Additionally, this bill provides an educational opportunity for high school-aged legal permanent residents who want to learn about the United States’ democratic process, a privilege that already exists for legal permanent residents who are over 18. This opportunity is especially relevant for high school students, as they are already learning about government in civics classes. AB 554 provides high school-aged legal permanent residents the opportunity to experience American democracy firsthand, potentially inspiring them to become naturalized voting citizens in the future.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Secretary of State Alex Padilla
Asian Americans Advancing Justice - Sacramento
Asians and Pacific Islanders for LGBT Equality
California Common Cause
California Immigrant Policy Center
League of Women Voters of California
National Association of Latino Elected and Appointed Officials
Educational Fund
Santa Clara County Board of Supervisors
Southeast Asia Resource Action Center
Southwest Center for Asian Pacific American Law
Thai Community Development Center
OPPOSITION: (Verified 6/16/15)
None received
ARGUMENTS IN SUPPORT: According to the Santa Clara County Board of Supervisors, student election officer work provides high school students the opportunity to serve their community and experience democracy first hand. It fosters an understanding of the importance of voting and helps establish a foundation for a lifetime of civic involvement and responsibility. Under current law, student poll workers must be a U.S. citizen to serve as an election officer. However, an adult legal permanent resident may be an election officer. AB 554 allows high school students who are legal permanent residents to work in election polls and promotes civic engagement to a greater number of young people.
ASSEMBLY FLOOR: 53-21, 5/22/15
AYES: Achadjian, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Wilk, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Wagner
NO VOTE RECORDED: Alejo, Gordon, O'Donnell, Olsen, Waldron, Weber
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
6/17/15 10:26:50
**** END ****
AB 554 (Mullin) Page 4 of 4
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 554 Hearing Date: 6/16/15
Author: |
Mullin |
||
Version: |
2/23/15 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Frances Tibon Estoista |
||
Subject: Elections: precinct board members
DIGEST
This bill authorizes an elections official to appoint a pupil, who is a lawful permanent resident of the United States (U.S.), to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
ANALYSIS
Existing law:
1) Provides that in order to provide for greater awareness of the election process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint no more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. Prohibits a pupil appointed to serve as a precinct board member from tallying votes. Provides that a pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
a) Is at least 16 years of age at the time of the election for which he or she is serving as a member of the precinct board;
b) Is a U.S. citizen or will be a citizen at the time of the election for which he or she is serving as a member of the precinct board;
c) Is a pupil in good standing attending a public or private secondary educational institution; and,
d) Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
2) Requires elections officials to make reasonable efforts to recruit precinct board members who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance. Requires the elections official, at least 14 days before an election, to prepare a publicly accessible list of the precincts to which bilingual precinct board members were appointed in order to provide language assistance to those voters lacking sufficient skills in English.
3) Requires each precinct board to post, in a conspicuous location
within the polling place, at least one copy of the ballot with ballot
measures and ballot instructions printed in Spanish in counties where
the Secretary of State (SOS) has determined it is appropriate.
Requires the ballot to be posted in other languages if a significant
and substantial need is found by the SOS.
4) Authorizes elections officials to recruit and appoint someone who is a legal permanent resident, and otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
This bill provides that a pupil who is a legal permanent resident may be appointed to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
BACKGROUND
Student Precinct Board Members: Existing law allows a high school student to serve as a precinct board member, despite his or her lack of eligibility to vote, as long as the student is 16 years of age at the time of the election, a U.S. citizen at the time of the election and is enrolled and attending school with a grade point average of at least 2.5. County elections officials are permitted to recruit up to five student poll workers for each precinct.
In 2013 the Legislature passed AB 817 (Bonta, Chapter 162, Statutes of 2013), which authorizes elections officials to recruit and appoint someone who is a legal permanent resident, and otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
Language Assistance: Under the federal Voting Rights Act, a jurisdiction must provide language assistance when an elections official finds that at least five percent of the total voting age citizens are of a single language group or number at least 10,000, and the rate of English illiteracy is above the national average. Assistance includes the translation of written materials, oral assistance at poll sites and the mailing of a translated sample ballot and statewide voter guide upon request of the voter. Further, existing law requires a county to provide language assistance in election precincts where the SOS determines a need exists. This is determined when the number of limited English speaking, voting-age residents from a group reaches three percent of the total voting-age residents in a precinct. State provisions require the elections officials to translate the ballot and related instructions and to post the translated materials at those precincts. Elections officials are also required to make reasonable efforts to recruit bilingual poll workers.
COMMENTS
According to the Author, in 2013 the Legislature passed AB 817 (Bonta), which was signed into law by Governor Brown, to allow legal permanent residents to serve as poll workers in California. The bill did not, however, similarly amend the section of law that allows high school students who are at least 16 years of age to serve as poll workers. AB 554 fixes this oversight by allowing high school students who are legal permanent residents to serve as poll workers in California elections.
This change is critical because elections officials have experienced a shortage of poll workers who can speak languages other than English. With over 2.6 million eligible voters in California who are not yet fully proficient in English, this poses a problem for elections officials who are charged with ensuring all voters have access to the polls. By further expanding the pool of bilingual poll workers to include high school students who are legal permanent residents, AB 554 helps address this issue.
Additionally, the bill provides an educational opportunity for high school-aged legal permanent residents who want to learn about the United States’ democratic process, a privilege that already exists for legal permanent residents who are over 18. This opportunity is especially relevant for high school students, as they are already learning about government in civics classes. AB 554 would provide high school-aged legal permanent residents the opportunity to experience American democracy firsthand, potentially inspiring them to become naturalized voting citizens in the future.
RELATED/PRIOR LEGISLATION
SB 610 (Escutia, Chapter 530, Statutes of 2003), created a task force to develop uniform training standards for poll workers and increased the maximum number of student poll workers from two to five.
AB 817 (Bonta, Chapter 162, Statutes of 2013), authorized county elections officials to appoint a person who is lawfully admitted for permanent residence in the U.S., and who is otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
AB 2671 (Salinas, Chapter 576, Statutes of 2006), deleted the restriction that a student must be a senior to work as a member of a precinct board.
AB 1856 (McPherson, Chapter 337, Statutes of 1996), authorized elections officials to appoint not more than two high school seniors to work in a polling place on election day.
PRIOR ACTION
Assembly Floor: |
53 - 21 |
Assembly Elections and Redistricting Committee: |
5 - 2 |
POSITIONS
Sponsor: Author
Support: Asian Americans Advancing Justice - Sacramento
Asians and Pacific Islanders for LGBT Equality
California Common Cause
California Immigrant Policy Center
League of Women Voters of California
National Association of Latino Elected and Appointed Officials
Educational Fund
Santa Clara County Board of Supervisors
Southeast Asia Resource Action Center
Southwest Center for Asian Pacific American Law
Thai Community Development Center
Oppose: None received
-- END --
AB 554
Page 2
ASSEMBLY THIRD READING
AB 554
(Mullin)
As Introduced February 23, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Elections |
5-2 |
Ridley-Thomas, Gatto, Gordon, Mullin, Perea |
Grove, Travis Allen |
SUMMARY:
Authorizes an elections official to appoint a pupil, who is a lawful permanent resident of the United States (U.S.), to serve as a precinct board member. Specifically, this bill provides that a pupil who is a legal permanent resident may be appointed to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
FISCAL EFFECT:
None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
According to the author, "In 2013 the Legislature passed AB 817 (Bonta), [Chapter 162, Statutes of 2013,] which was signed into law by Governor Brown, to allow legal permanent residents to serve as poll workers in California. The bill did not, however, similarly amend the section of law that allows high school students who are at least 16 years of age to serve as poll workers. AB 554 fixes this oversight by allowing high school students who are legal permanent residents to serve as poll workers in California elections.
"This change is critical because elections officials have experienced a shortage of poll workers who can speak languages other than English. With over 2.6 million eligible voters in California who are not yet fully proficient in English, this poses a problem for elections officials who are charged with ensuring all voters have access to the polls. By further expanding the pool of bilingual poll workers to include high school students who are legal permanent residents, AB 554 helps address this issue.
"Additionally, the bill provides an educational opportunity for high school-aged legal permanent residents who want to learn about the United States' democratic process, a privilege that already exists for legal permanent residents who are over 18. This opportunity is especially relevant for high school students, as they are already learning about government in civics classes. AB 554 would provide high school-aged legal permanent residents the opportunity to experience American democracy firsthand, potentially inspiring them to become naturalized voting citizens in the future."
AB 817 (Bonta), Chapter 162, Statutes of 2013, authorized county elections officials to appoint a person who is lawfully admitted for permanent residence in the United States, and who is otherwise eligible to register to vote except for his or her lack of United States citizenship, to serve as a precinct board member.
AB 1856 (McPherson), Chapter 337, Statutes of 1996, authorized elections officials to appoint not more than two high school seniors to work in a polling place on election day. SB 610 (Escutia), Chapter 530, Statutes of 2003, created a task force to develop uniform training standards for poll workers and increased the maximum number of student poll workers from two to five. AB 2671 (Salinas), Chapter 576, Statutes of 2006, deleted the restriction that a student must be a senior to work as a member of a precinct board.
Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0000401
AB 554
Page 5
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 554
(Mullin) – As Introduced February 23, 2015
SUBJECT:
Elections: precinct board members.
SUMMARY:
Authorizes an elections official to appoint a pupil, who is a lawful permanent resident of the United States (U.S.), to serve as a precinct board member. Specifically, this bill provides that a pupil who is a legal permanent resident may be appointed to serve as a precinct board member if the pupil otherwise possesses the qualifications required for a pupil to serve as a precinct board member.
EXISTING LAW:
Provides that in order to provide for greater awareness of the election process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint no more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. Prohibits a pupil appointed to serve as a precinct board member from tallying votes. Provides that a pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
Is at least 16 years of age at the time of the election for which he or she is serving as a member of the precinct board;
Is a U.S. citizen or will be a citizen at the time of the election for which he or she is serving as a member of the precinct board;
Is a pupil in good standing attending a public or private secondary educational institution; and,
Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
Requires elections officials to make reasonable efforts to recruit elections officials who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance. Requires the elections official, at least 14 days before an election, to prepare a publicly accessible list of the precincts to which bilingual officials were appointed in order to provide language assistance to those voters lacking sufficient skills in English.
Requires each precinct board to post, in a conspicuous location within the polling place, at least one copy of the ballot with ballot measures and ballot instructions printed in Spanish in counties where the Secretary of State (SOS) has determined it is appropriate. Requires the ballot to be posted in other languages if a significant and substantial need is found by the SOS.
FISCAL EFFECT:
This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Purpose of the Bill: According to the author:
In 2013 the Legislature passed AB 817 (Bonta), which was signed into law by Governor Brown, to allow legal permanent residents to serve as poll workers in California. The bill did not, however, similarly amend the section of law that allows high school students who are at least 16 years of age to serve as poll workers. AB 554 fixes this oversight by allowing high school students who are legal permanent residents to serve as poll workers in California elections.
This change is critical because elections officials have experienced a shortage of poll workers who can speak languages other than English. With over 2.6 million eligible voters in California who are not yet fully proficient in English, this poses a problem for elections officials who are charged with ensuring all voters have access to the polls. By further expanding the pool of bilingual poll workers to include high school students who are legal permanent residents, AB 554 helps address this issue.
Additionally, the bill provides an educational opportunity for high school-aged legal permanent residents who want to learn about the United States’ democratic process, a privilege that already exists for legal permanent residents who are over 18. This opportunity is especially relevant for high school students, as they are already learning about government in civics classes. AB 554 would provide high school-aged legal permanent residents the opportunity to experience American democracy firsthand, potentially inspiring them to become naturalized voting citizens in the future.
Student Precinct Board Members: Under existing law a high school student may serve as a precinct board member, despite his or her lack of eligibility to vote, as long as the student is 16 years of age at the time of the election, a U.S. citizen at the time of the election and is enrolled and attending school with a grade point average of at least 2.5. County elections officials are permitted to recruit up to five student poll workers for each precinct.
In 2013 the Legislature passed AB 817 (Bonta), Chapter 162, Statutes of 2013, which authorizes elections officials to recruit and appoint someone who is a legal permanent resident, and otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
This bill seeks to provide for additional precinct board members who are bilingual by allowing elections officials to appoint students who are legal permanent residents to serve as precinct board members.
Standard for Bilingual Precinct Workers: Existing law requires an election official to make reasonable efforts to recruit precinct workers who are fluent in a language where three percent or more of the voting age residents in the precinct are fluent in that language and lack sufficient skill in English to vote without assistance. Existing law additionally requires each precinct board to post a copy of the ballot in a language other than English at the polling place if the SOS determines that the number of residents of voting age in the precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance equals three percent or more of the voting age residents in the precinct.
Language Assistance: Under the federal Voting Rights Act, a jurisdiction must provide language assistance when an elections official finds that at least five percent of the total voting age citizens are of a single language group or number at least 10,000 and the rate of English illiteracy is above the national average. Assistance includes the translation of written materials, oral assistance at poll sites and the mailing of a translated sample ballot and statewide voter guide upon request of the voter.
Under California statute, a county must provide language assistance in election precincts where the SOS determines a need exists. This is determined when the number of limited English speaking, voting-age residents from a group reaches three percent of the total voting-age residents in a precinct. State provisions require the elections officials to translate the ballot and related instructions and to post the translated materials at those precincts. Elections officials are also required to make reasonable efforts to recruit bilingual poll workers.
Argument in Support: In support of the bill, Asian Americans Advancing Justice - Sacramento writes:
Many voters in California are not yet fully proficient in English and encounter difficulty participating in the electoral process without language assistance. Over 2.6 million eligible voters are limited English proficient (LEP), including over 47% of eligible voters who are naturalized citizens. To address this, the Federal Voting Rights Act and state law require jurisdictions across the state to provide language assistance to communities with large numbers of LEP individuals. In total, 56 counties currently have language obligations under federal and/or state law.
This assistance includes the recruitment of bilingual individuals to serve as poll workers on Election Day. Many LEP voters rely on bilingual poll workers to navigate the voting process. However, for large counties or counties with new language obligations, the task of recruiting sufficient numbers of bilingual poll workers can be daunting. For example, Los Angeles County, which provides assistance in nine languages pursuant to federal law, recruited over 9,300 bilingual poll workers for the November 2012 election.
Survey data and poll monitoring observations confirm LEP voters' heavy reliance on language assistance and the barriers that LEP voters face when language assistance is unavailable. Exit poll data for the November 2008 election reveal that 60% of Korean American voters in Los Angeles County used some form of language assistance to cast their ballot, and in the November 2004 elections, over 60% of Vietnamese American voters in Orange County relied on language assistance. By the same token, poll monitors deployed in our election protection efforts have witnessed LEP voters struggle with the process of obtaining and filling out a ballot because of the lack of poll workers able to communicate with them. . .
AB 554 is an innovative approach to strengthening the ability of county election officials to provide assistance to LEP voters. Without imposing any mandates, the bill provides counties with an expanded pool of individuals from which they can recruit bilingual poll workers.
Previous Legislation: AB 817 (Bonta), Chapter 162, Statutes of 2013, authorized county elections officials to appoint a person who is lawfully admitted for permanent residence in the U.S., and who is otherwise eligible to register to vote except for his or her lack of U.S. citizenship, to serve as a precinct board member.
AB 1856 (McPherson), Chapter 337, Statutes of 1996, authorized elections officials to appoint not more than two high school seniors to work in a polling place on election day. SB 610 (Escutia), Chapter 530, Statutes of 2003, created a task force to develop uniform training standards for poll workers and increased the maximum number of student poll workers from two to five. AB 2671 (Salinas), Chapter 576, Statutes of 2006, deleted the restriction that a student must be a senior to work as a member of a precinct board.
REGISTERED SUPPORT / OPPOSITION:
Support
Asians and Pacific Islanders for LGBT Equality
Asian Americans Advancing Justice - Sacramento
California Association of Clerks and Elections Officials
California Immigrant Policy Center
National Association of Latino Elected and Appointed Officials - Educational Fund
Santa Clara County Board of Supervisors
Southeast Asia Resource Action Center
Southwest Center for Asian Pacific American Law
Thai Community Development Center
Opposition
None on file.
Analysis Prepared by:
Lori Barber / E. & R. / (916) 319-2094
Discussed in Hearing
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Bill Co-Author(s):