SB 505: Voter Bill of Rights.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-01
Existing law sets forth requirements and entitlements with respect to the right to vote in California elections. Among the requirements for voters is United States citizenship. Existing law establishes a Voter Bill of Rights enumerating the rights of voters as established under existing law and requires the Voter Bill of Rights, worded as specified, to be made available to the public. Existing law permits the Secretary of State to develop regulations to implement and clarify the Voter Bill of Rights.
This bill would eliminate the requirement that the Voter Bill of Rights be worded as specified and would instead authorize the Secretary of State to revise the wording as necessary to ensure understanding.
Existing law sets forth requirements and entitlements with respect to the right to vote in California elections. Among the requirements for voters is United States citizenship. Existing law establishes a Voter Bill of Rights enumerating the rights of voters as established under existing law and requires the Voter Bill of Rights, worded as specified, to be made available to the public. Existing law permits the Secretary of State to develop regulations to implement and clarify the Voter Bill of Rights.
This bill would eliminate the requirement that the Voter Bill of Rights be worded as specified and would instead authorize the Secretary of State to revise the wording as necessary to ensure understanding.
Existing law sets forth requirements and entitlements with respect to the right to vote in California elections. Among the requirements for voters is United States citizenship. Existing law establishes a Voter Bill of Rights enumerating the rights of voters as established under existing law and requires the Voter Bill of Rights, worded as specified, to be made available to the public. Existing law permits the Secretary of State to develop regulations to implement and clarify the Voter Bill of Rights.
This bill would eliminate the requirement that the Voter Bill of Rights be worded as specified and would instead authorize the Secretary of State to revise the wording as necessary to ensure understanding.
Existing law requires that a vote by mail ballot be available to any registered voter. Existing law requires an elections official to deliver to each qualified applicant for a vote by mail ballot all supplies necessary for the use and return of the ballot, including an identification envelope containing certain information, as specified.
This bill would require the Secretary of State, no later than January 1, 2017, to study and recommend revisions to the design and text of the identification envelope, as specified, and to submit those recommendations to the Legislature.
Existing law requires that a vote by mail ballot be available to any registered voter. Existing law requires an elections official to deliver to each qualified applicant for a vote by mail ballot all supplies necessary for the use and return of the ballot, including an identification envelope containing certain information, as specified.
This bill would require the Secretary of State, no later than January 1, 2017, to study and recommend revisions to the design and text of the identification envelope, as specified, and to submit those recommendations to the Legislature.
Existing law allows a voter to cast a provisional ballot. Existing law requires that statutes relating to provisional voting be liberally construed in favor of the voter.
This bill would make a technical, nonsubstantive change to that provision.
Existing law allows a voter to cast a provisional ballot. Existing law requires that statutes relating to provisional voting be liberally construed in favor of the voter.
This bill would make a technical, nonsubstantive change to that provision.
(a)All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters:
(1)(A)You have the right to cast a ballot if you are a valid registered voter.
(B)A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.
(2)You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
(3)You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
(4)You have the right to cast a secret ballot free from intimidation.
(5)(A)You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake.
(B)If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
(6)You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
(7)You have the right to return a completed vote by mail ballot to any precinct in the county.
(8)You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
(9)(A)You have the right to ask questions about election procedures and observe the election process.
(B)You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
(10)You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of States office.
(b)Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.
(c)The Secretary of State may do both of the following:
(1)Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).
(2)Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.
(d)The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:
(1)The Voter Bill of Rights shall be printed in the statewide voter pamphlet, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.
(2)Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.
(a)All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters:
(1)(A)You have the right to cast a ballot if you are a valid registered voter.
(B)A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.
(2)You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
(3)You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
(4)You have the right to cast a secret ballot free from intimidation.
(5)(A)You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake.
(B)If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
(6)You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
(7)You have the right to return a completed vote by mail ballot to any precinct in the county.
(8)You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
(9)(A)You have the right to ask questions about election procedures and observe the election process.
(B)You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
(10)You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of States office.
(b)Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.
(c)The Secretary of State may do both of the following:
(1)Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).
(2)Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.
(d)The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:
(1)The Voter Bill of Rights shall be printed in the statewide voter pamphlet, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.
(2)Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.
(a)All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall read convey all of the following to voters:
(1)(A)You have the right to cast a ballot if you are a valid registered voter.
(B)A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.
(2)You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
(3)You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
(4)You have the right to cast a secret ballot free from intimidation.
(5)(A)You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake.
(B)If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
(6)You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
(7)You have the right to return a completed vote by mail ballot to any precinct in the county.
(8)You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
(9)(A)You have the right to ask questions about election procedures and observe the election process.
(B)You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
(10)You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of States office.
(b)Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.
(c)The Secretary of State may develop do both of the following:
(1)Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).
(2)Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.
(d)The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:
(1)The Voter Bill of Rights shall be printed in the statewide voter pamphlet, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.
(2)Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.
SECTION 1.Section 3011.5 is added to the Elections Code, to read:3011.5.No later than January 1, 2017, the Secretary of State shall study and recommend to the Legislature revisions to the design and text of the identification envelope described in Section 3011. In making his or her recommendation, the Secretary of State shall consider voters ability to easily understand information contained on the envelope.
No later than January 1, 2017, the Secretary of State shall study and recommend to the Legislature revisions to the design and text of the identification envelope described in Section 3011. In making his or her recommendation, the Secretary of State shall consider voters ability to easily understand information contained on the envelope.
SECTION 1.Section 14312 of the Elections Code is amended to read:14312.This article shall be liberally construed in favor of a provisional voter.
This article shall be liberally construed in favor of the a provisional voter.
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Date
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Status
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|---|---|
| May 14, 2015 | Read third time. Passed. (Ayes 26. Noes 11. Page 994.) Ordered to the Assembly. |
| Sep 1, 2015 | Chaptered by Secretary of State. Chapter 236, Statutes of 2015. |
| Sep 1, 2015 | Approved by the Governor. |
| Aug 20, 2015 | Enrolled and presented to the Governor at 4:15 p.m. |
| Aug 17, 2015 | Read third time. Passed. (Ayes 52. Noes 25. Page 2468.) Ordered to the Senate. |
| Aug 17, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 17, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jul 9, 2015 | Read second time. Ordered to third reading. |
| Jul 8, 2015 | From committee: Do pass. (Ayes 10. Noes 4.) (July 8). |
| Jul 1, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 1). Re-referred to Com. on APPR. |
| May 28, 2015 | Referred to Com. on E. & R. |
| May 14, 2015 | Read third time. Passed. (Ayes 26. Noes 11.) Ordered to the Assembly. |
| Feb 26, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 14, 2015 | In Assembly. Read first time. Held at Desk. |
| May 5, 2015 | Read second time. Ordered to third reading. |
| May 4, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 24, 2015 | Set for hearing May 4. |
| Apr 22, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 723.) (April 21). Re-referred to Com. on APPR. |
| Apr 17, 2015 | Set for hearing April 21. |
| Apr 16, 2015 | Re-referred to Com. on E. & C.A. |
| Apr 9, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 12, 2015 | Referred to Com. on RLS. |
| Feb 27, 2015 | From printer. May be acted upon on or after March 29. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 17, 2015 | SB 505 Mendoza Senate Third Reading By THURMOND | Assembly Floor |
Passed |
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| Jul 8, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Jul 1, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| May 14, 2015 | Senate 3rd Reading SB505 Mendoza | Senate Floor |
Passed |
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| Apr 21, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
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.
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Organization
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Position
|
Date
|
|---|---|---|
| Asian Americans Advancing Justice - Los Angeles | ** Support | Jul 1, 2015 |
| California Association of Clerks and Election Officials | * Indeterminate | Jul 1, 2015 |
| California Association of Clerks and Elections Officials | * Support | Jul 1, 2015 |
| League Of Women Voters Of California | ** Support | Jul 1, 2015 |
| Registered Voters for Sacramento County | * Indeterminate | Jul 1, 2015 |
| Secretary of State | * Indeterminate | Jul 8, 2015 |
| Secretary of State Alex Padilla | ** Support | Jul 1, 2015 |
SB 505
Page 2
SENATE THIRD READING
SB 505
(Mendoza)
As Amended April 9, 2015
Majority vote
SENATE VOTE: 26-11
Committee |
Votes |
Ayes |
Noes |
Elections |
5-1 |
Ridley-Thomas, Gatto, Gordon, Mullin, Perea |
Grove |
Appropriations |
10-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones |
SUMMARY: Eliminates the requirement that the Voter Bill of Rights (VBOR) be worded as currently specified in statute, and instead authorizes the Secretary of State (SOS) to revise the wording as necessary to ensure that the language used is clear and concise and free from technical terms.
EXISTING LAW:
Requires the VBOR be made available in the statewide voter pamphlet, and requires printed copies to be supplied by the SOS for conspicuous posting both inside and outside of every polling place. Requires the VBOR to read as follows:
You have the right to cast a ballot if you are a valid registered voter. (A valid registered voter means a United States (U.S.) citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.)
You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
You have the right to cast a secret ballot free from intimidation.
You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote-by-mail (VBM) voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
You have the right to return a completed VBM ballot to any precinct in the county.
You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
You have the right to ask questions about election procedures and observe the election process.
You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
You have the right to report any illegal or fraudulent activity to a local elections official or to the SOS's office.
Requires that beneath the VBOR, a toll-free telephone number be listed to call if a person has been denied a voting right or to report election fraud or misconduct.
Permits the SOS to develop regulations to implement and clarify the VBOR.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor absorbable costs to the SOS if the office decides to modify the language of the VBOR and associated, required translations of VBOR.
COMMENTS: The purpose of the VBOR is to provide California voters with information about their voting rights and the SOS is required to make it available before each election and on election day. Under existing statute, the VBOR must be printed verbatim in the statewide voter pamphlet and on posters or other printed materials included in precinct supplies.
Although the original intention of the VBOR is to provide information to voters, the current provisions use terminology that is difficult for many voters to understand and inadvertently present a challenge to voters who are trying to understand the law as it affects them. This poses a particular obstacle for voters in which English is a second language or whose education stopped at or prior to the twelfth grade.
AB 177 (Oropeza), Chapter 425, Statutes of 2003, originally codified the VBOR.
Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0001173
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 505
(Mendoza) – As Amended April 9, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
5 - 1 |
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|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill eliminates the requirement that the Voter Bill of Rights (VBOR) be worded as specified in statute, and instead authorizes the Secretary of State (SOS) to revise the wording as necessary to ensure the language is clear and concise and free from technical terms.
FISCAL EFFECT:
Minor absorbable costs to the SOS if the office decides to modify the language of the VBOR and associated, required translations of VBOR.
COMMENTS:
Background. Current law requires a VBOR be made available in the statewide voter pamphlet and posted both inside and outside of every polling place. Current law also requires the VBOR to read exactly as follows:
You have the right to cast a ballot if you are a valid registered voter. (A valid registered voter means a United States (U.S.) citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.)
You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
You have the right to cast a secret ballot free from intimidation.
You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote-by-mail (VBM) voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
You have the right to return a completed VBM ballot to any precinct in the county.
You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
You have the right to ask questions about election procedures and observe the election process.
You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
You have the right to report any illegal or fraudulent activity to a local elections official or to the SOS’s office.
Purpose. Although the original intention of the VBOR is to provide information to voters, the current provisions use terminology that is difficult for many voters to understand. This poses a particular obstacle for voters in which English is a second language or whose education stopped at or prior to the twelfth grade.
According to the author, "The original English language version of the Voter Bill of Rights is currently translated into nine languages. An American Sign Language video is also available on the Secretary of State website. Translation of the Voter Bill of Rights is challenging because standards for translation require direct translation of each word and the statutory wording, which is the source for translation, is not written in plain language. When source documents are written in plain language, translation is easier and more effective because the message that needs to be communicated is clearer.
"The Secretary of State has limited authority to ensure that election materials are prepared and provided in plain language. SB 505 helps ensure that voters are better informed about their key electoral rights under state law by formally allowing the SOS to inform voters using plain language text to describe the Voter Bill of Rights."
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 505
Page 4
Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
SB 505
(Mendoza) – As Amended April 9, 2015
SENATE VOTE: 26-11
SUBJECT: Voter Bill of Rights.
SUMMARY: Eliminates the requirement that the Voter Bill of Rights (VBOR) be worded as currently specified in code, and instead authorizes the Secretary of State (SOS) to revise the wording as necessary to ensure that the language used is clear and concise and free from technical terms.
EXISTING LAW:
Requires a VBOR be made available in the statewide voter pamphlet to all voters with printed copies supplied by the SOS for conspicuous posting both inside and outside of every polling place. Requires the VBOR to read as follows:
You have the right to cast a ballot if you are a valid registered voter. (A valid registered voter means a United States (U.S.) citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.)
You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
You have the right to cast a secret ballot free from intimidation.
You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote-by-mail (VBM) voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on election day.
You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
You have the right to return a completed VBM ballot to any precinct in the county.
You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
You have the right to ask questions about election procedures and observe the election process.
You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
You have the right to report any illegal or fraudulent activity to a local elections official or to the SOS’s office.
Requires that beneath the VBOR a toll-free telephone number be listed to call if a person has been denied a voting right or to report election fraud or misconduct.
Permits the SOS to develop regulations to implement and clarify the VBOR.
Requires the VBOR be made available to the public before each election and on election day, at a minimum, as follows:
Requires the VBOR be printed in the statewide voter pamphlet; and,
Requires posters or other printed materials containing the VBOR be included in precinct supplies.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Purpose of the Bill: According to the author:
Senate Bill 505 would ensure that California’s Voter Bill of Rights is provided to voters in plain, accessible language. Pursuant to existing law, the Voter Bill of Rights is provided to voters at every election in the state ballot pamphlet prepared by the Secretary of State. It is also posted inside and outside of all polling places. The Voter Bill of Rights seeks to ensure that voters understand their eligibility to vote, how they can receive help with voting or other polling place problems, their ability to be provided election materials in another language, their rights to be free from intimidation, whether their mail ballot is counted, and more. It also provides a toll free number for reporting denial of voting rights and other potential violations of election law. The original English language version of the Voter Bill of Rights is currently translated into nine languages. An American Sign Language video is also available on the Secretary of State website. Translation of the Voter Bill of Rights is challenging because standards for translation require direct translation of each word and the statutory wording, which is the source for translation, is not written in plain language. When source documents are written in plain language, translation is easier and more effective because the message that needs to be communicated is clearer.
The Secretary of State has limited authority to ensure that election materials are prepared and provided in plain language. SB 505 helps ensure that voters are better informed about their key electoral rights under state law by formally allowing the SOS to inform voters using plain language text to describe the Voter Bill of Rights.
Importance of Using Clear and Concise Wording: The purpose of the VBOR is to provide California voters with information about their voting rights and the SOS is required to make it available before each election and on election day. Under existing statute, the VBOR must be printed verbatim in the statewide voter pamphlet and on posters or other printed materials included in precinct supplies.
According to data provided by the U.S. Census Bureau nearly 44% of Californians speak a language other than English at home and less than 31% of voting age Californians have completed a Bachelor's degree or higher. Additionally the National Assessment of Adult Literacy suggests that 44% of Americans read at basic or below-basic level. A basic or below-basic level reader may only be able to read short texts with common words or follow simple written instructions.
Surveys completed by the Center for Civic Design (Center) found that the VBOR was surprising popular among non-voters, infrequent voters and new voters who stopped to read it completely and carefully. Participants in the study reported finding the VBOR hard to read and understand – often prompting additional questions about the contents. In their Best Practices Manual for Official Information Guides in California 2015, the Center recommends revising the VBOR to use plain language.
Although the original intention of the VBOR is to provide information to voters, the current provisions use terminology that is difficult for many voters to understand and inadvertently present a challenge to voters who are trying to understand the law as it affects them. This poses a particular obstacle for voters in which English is a second language or whose education stopped at or prior to the twelfth grade.
Argument in Support: In support of the bill, Asian Americans Advancing Justice – Los Angeles, writes:
Language is a significant barrier to voting for many Asian American voters. Nearly one third of all Asian Americans have some difficulty communicating in English. While language assistance is provided to Asian American communities who have reached legally set threshold numbers, many limited English proficient Asian American voters still are not able to access language assistance during elections because their language is yet to be covered. By allowing the [SOS] to convey the [VBOR] in plain English, SB 505 ensures that voters understand their rights to vote. Moreover, by using plain English, the [SOS]'s translation vendors can translate the [VBOR] into terminology that is accessible in all the mandated languages in California.
Prior Legislation: AB 177 (Oropeza), Chapter 425, Statutes of 2003, originally codified the VBOR.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (Sponsor)
Asian Americans Advancing Justice – Los Angeles
California Association of Clerks and Elections Officials
League of Women Voters of California
Opposition
None on file.
Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094
SB 505
Page 4
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 505
Amended: 4/9/15
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21/15
AYES: Allen, Hancock, Hertzberg, Liu
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill eliminates the requirement that the Voter Bill of Rights (VBOR) be worded as currently specified and instead authorizes the Secretary of State (SOS) to revise the wording as necessary to ensure the use of clear and concise language free from technical terms.
Existing law:
Requires a VBOR be made available in the statewide voter pamphlet to all voters with printed copies supplied by the SOS for conspicuous posting both inside and outside of every polling place. The VBOR reads as follows:
You have the right to cast a ballot if you are a valid registered voter. (A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.)
You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
You have the right to cast a secret ballot free from intimidation.
You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote-by-mail (VBM) voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on Election Day.
You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
You have the right to return a completed VBM ballot to any precinct in the county.
You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
You have the right to ask questions about election procedures and observe the election process.
You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
You have the right to report any illegal or fraudulent activity to a local elections official or to the SOS’s office.
Requires that beneath the VBOR a toll-free telephone number be listed to call if a person has been denied a voting right or to report election fraud or misconduct.
Permits the SOS to develop regulations to implement and clarify the VBOR.
Requires the VBOR be made available to the public before each election and on election day, at a minimum, as follows:
Requires the VBOR be printed in the statewide voter pamphlet.
Requires posters or other printed materials containing the VBOR be included in precinct supplies.
This bill permits the SOS to revise the wording of the VBOR as necessary to ensure the use of clear and concise language free from technical terms.
Background
AB 177 (Oropeza, Chapter 425, Statutes of 2003), among other things, enumerated a VBOR and required the VBOR to be published and posted. Since becoming law, the VBOR is typically printed and located on the inside of the statewide voter pamphlet and is also required to be posted or printed in other materials included in precinct supplies for conspicuous posting both inside and outside of every polling place.
Although each of these rights were already in existence in various sections of either the Government Code or the Elections Code, these code sections were paraphrased and summarized into the VBOR located in one section of the Elections Code.
The VBOR’s author, Assembly Member Jenny Oropeza stated in her written testimony before the Assembly Committee on Elections and Redistricting that, "In recent elections there have been numerous reports of voters being turned away at the polls. Many of these voters are new citizens whose primary language is not English. Additionally, poll workers have reported they do not offer provisional ballots under many permissible circumstances. As a result, AB 177 seeks to protect all voters, so that they may understand and defend their rights."
Former Secretary of State Kevin Shelley, the sponsor of AB 177 wrote in his letter of support, "Voters, and often poll workers, are unfamiliar with what rights a voter has. AB 177 provides for a listing of voter's basic rights, and requires that voters receive notification of these rights both in the sample ballot and at their polling places. The provisions of the Voters Bill of Rights provide for a common sense approach to voter education at the polling place.”
Comments
According to the author, SB 505 ensures that California’s VBOR is provided to voters in plain, accessible language. Pursuant to existing law, the VBOR is provided to voters at every election in the state ballot pamphlet prepared by the SOS. It is also posted inside and outside of all polling places. The VBOR seeks to ensure that voters understand their eligibility to vote, how they can receive help with voting or other polling place problems, their ability to be provided election materials in another language, their rights to be free from intimidation, whether their mail ballot is counted, and more. It also provides a toll free number for reporting denial of voting rights and other potential violations of election law. The original English language version of the VBOR is currently translated into nine languages. An American Sign Language video is also available on the SOS Web site. Translation of the VBOR is challenging because standards for translation require direct translation of each word and the statutory wording, which is the source for translation, is not written in plain language. When source documents are written in plain language, translation is easier and more effective because the message that needs to be communicated is clearer.
The SOS has limited authority to ensure that election materials are prepared and provided in plain language. SB 505 helps ensure that voters are better informed about their key electoral rights under state law by formally allowing the SOS to inform voters using plain language text to describe the VBOR.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Secretary of State (source)
California Association of Clerks and Election Officials
None received
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
5/6/15 16:16:24
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SB 505 (Mendoza) Page 3 of 3
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Benjamin Allen, Chair
2015 - 2016 Regular
Bill No: SB 505 Hearing Date: 4/21/15
Author: |
Mendoza |
||
Version: |
4/9/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Frances Tibon Estoista |
||
Subject: Voter Bill of Rights
DIGEST
This bill eliminates the requirement that the Voter Bill of Rights (VBOR) be worded as currently specified and instead authorizes the Secretary of State (SOS) to revise the wording as necessary to ensure the use of clear and concise language free from technical terms.
ANALYSIS
Existing law:
Requires a VBOR be made available in the statewide voter pamphlet to all voters with printed copies supplied by the SOS for conspicuous posting both inside and outside of every polling place. The VBOR reads as follows:
You have the right to cast a ballot if you are a valid registered voter. (A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not in prison or on parole for conviction of a felony, and who is registered to vote at his or her current residence address.)
You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
You have the right to cast a ballot if you are present and in line at the polling place prior to the close of the polls.
You have the right to cast a secret ballot free from intimidation.
You have the right to receive a new ballot if, prior to casting your ballot, you believe you made a mistake. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote-by-mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of the polls on Election Day.
You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
You have the right to return a completed vote by mail ballot to any precinct in the county.
You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
You have the right to ask questions about election procedures and observe the election process.
You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the board or election officials may discontinue responding to questions.
You have the right to report any illegal or fraudulent activity to a local elections official or to the SOS’s office.
Existing law also:
Requires that beneath the VBOR a toll-free telephone number be listed to call if a person has been denied a voting right or to report election fraud or misconduct.
Permits the SOS to develop regulations to implement and clarify the Voter Bill of Rights.
Requires the VBOR be made available to the public before each election and on election day, at a minimum, as follows:
Requires the VBOR be printed in the statewide voter pamphlet.
Requires posters or other printed materials containing the Voter Bill of Rights be included in precinct supplies.
This bill:
Permits the SOS to revise the wording of the VBOR as necessary to ensure the use of clear and concise language free from technical terms.
BACKGROUND
AB 177 (Oropeza), Chapter 425, Statutes of 2003, among other things, enumerated a Voter Bill of Rights (VBOR) and required the VBOR to be published and posted. Since becoming law, the VBOR is typically printed and located on the inside of the statewide voter pamphlet and is also required to be posted or printed in other materials included in precinct supplies for conspicuous posting both inside and outside of every polling place.
Although each of these rights were already in existence in various sections of either the Government Code or the Elections Code, these code sections were paraphrased and summarized into the VBOR located in one section of the Elections Code.
The VBOR’s author, Assembly member Jenny Oropeza stated in her written testimony before the Assembly Elections Committee that, "In recent elections there have been numerous reports of voters being turned away at the polls. Many of these voters are new citizens whose primary language is not English. Additionally, poll workers have reported they do not offer provisional ballots under many permissible circumstances. As a result, AB 177 seeks to protect all voters, so that they may understand and defend their rights."
Former Secretary of State Kevin Shelley, the sponsor of AB 177 wrote in his letter of support, "Voters, and often poll workers, are unfamiliar with what rights a voter has. AB 177 provides for a listing of voter's basic rights, and requires that voters receive notification of these rights both in the sample ballot and at their polling places. The provisions of the Voters Bill of Rights provide for a common sense approach to voter education at the polling place.”
COMMENTS
According to the author: Senate Bill 505 would ensure that California’s Voter Bill of Rights is provided to voters in plain, accessible language. Pursuant to existing law, the Voter Bill of Rights is provided to voters at every election in the state ballot pamphlet prepared by the Secretary of State. It is also posted inside and outside of all polling places. The Voter Bill of Rights seeks to ensure that voters understand their eligibility to vote, how they can receive help with voting or other polling place problems, their ability to be provided election materials in another language, their rights to be free from intimidation, whether their mail ballot is counted, and more. It also provides a toll free number for reporting denial of voting rights and other potential violations of election law. The original English language version of the Voter Bill of Rights is currently translated into nine languages. An American Sign Language video is also available on the Secretary of State website. Translation of the Voter Bill of Rights is challenging because standards for translation require direct translation of each word and the statutory wording, which is the source for translation, is not written in plain language. When source documents are written in plain language, translation is easier and more effective because the message that needs to be communicated is clearer.
The Secretary of State has limited authority to ensure that election materials are prepared and provided in plain language. SB 505 helps ensure that voters are better informed about their key electoral rights under state law by formally allowing the SOS to inform voters using plain language text to describe the Voter Bill of Rights.
RELATED/PRIOR LEGISLATION
AB 535 (Grove) of 2015 would require ballot titles and summaries prepared by the Department of Finance to, “Be written in clear and concise terms, understandable to the average voter, and in an objective and nonpartisan manner, avoiding the use of technical terms whenever possible.” That bill is currently awaiting hearing in the Assembly Appropriations Committee.
AB 177 (Oropeza), Chapter 425, Statutes of 2003 originally codified the Voter Bill of Rights.
POSITIONS
Sponsor: Secretary of State
Support: None received
Oppose: None received
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Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Elections and Redistricting
Senate Floor
Bill Author
Bill Co-Author(s):