Existing law requires a vote by mail ballot to be available to any registered voter. Existing law requires employers, as specified, to allow voters to take up to two hours off of work, without loss of pay, to vote.

This bill would prohibit an employer from requiring or requesting that an employee bring the employees vote by mail ballot to work or vote the employees vote by mail ballot at work. The bill makes a violation of this prohibition subject to a civil fine of up to $10,000 per election.

Existing law requires a vote by mail ballot to be available to any registered voter. Existing law requires employers, as specified, to allow voters to take up to two hours off of work, without loss of pay, to vote.

This bill would prohibit an employer from requiring or requesting that an employee bring his or her vote by mail ballot to work or vote his or her vote by mail ballot at work. The bill makes violation of this prohibition subject to a civil fine of up to $10,000 per election.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 17

Author:(Salas and Gonzalez)

As Amended Ver:June 10, 2019

Majority vote

SUMMARY:

Prohibits an employer from requiring or requesting an employee to bring their vote by mail (VBM) ballot to work or to vote their VBM ballot at work. Provides that an employer who violates these provisions will be subject to a civil fine of up to $10,000 per election and permits an action for a civil fine under these provisions to be brought by the Secretary of State or any public prosecutor with jurisdiction.

The Senate Amendments:

Provide that the provisions of this bill do not prohibit an employer from encouraging an employee to vote.

COMMENTS:

Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For instance, criminal penalties are possible for coercing or intimidating a voter to vote or refrain from voting in an election, or vote or refraining from voting for a particular person or measure, as specified; for coercing or deceiving elders in casting a vote, as specified; for soliciting the vote of a vote by mail voter while the voter is voting, as specified; and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure, as specified.

According to the Author:

California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work. This practice undermines election integrity by interfering with a voter's right to a free and unconstrained vote for a candidate or issue of their choice. AB 17 will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.

Arguments in Support:

In support, the California Teachers Association writes:

[California Teachers Association] believes our voting systems must be free of procedures resulting in the loss of the right to vote by any citizen. The proposal sets in motion the opportunity to unfairly "influence" votes cast and/or election outcomes. Secret ballots are the corner-stone of our American democracy and we should do all within our power to ensure voting privacy.

Arguments in Opposition:

None received.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM ELECTIONS AND REDISTRICTING: 5-1-1

YES: Berman, Santiago, Low, Mullin, Weber

NO: Gallagher

ABS, ABST OR NV: Mayes

ASM APPROPRIATIONS: 13-1-4

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Gabriel, Friedman, Obernolte, Petrie-Norris, Quirk, Robert Rivas

NO: Brough

ABS, ABST OR NV: Bigelow, Diep, Fong, Maienschein

ASSEMBLY FLOOR: 58-11-11

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Choi, Dahle, Diep, Gallagher, Kiley, Mathis, Patterson, Voepel, Waldron

ABS, ABST OR NV: Arambula, Calderon, Carrillo, Chen, Flora, Fong, Eduardo Garcia, Levine, Mayes, Melendez, Blanca Rubio

SENATE FLOOR: 35-0-5

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Moorlach, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Dahle, Grove, Jones, Morrell, Stone

UPDATED:

VERSION: June 10, 2019

CONSULTANT: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001286

 THIRD READING  

Bill No: AB 17

Author: Salas (D) and Gonzalez (D), et al.

Amended: 6/10/19 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/4/19

AYES: Umberg, Nielsen, Hertzberg, Leyva, Stern

SENATE JUDICIARY COMMITTEE: 8-1, 6/18/19

AYES: Jackson, Borgeas, Durazo, Lena Gonzalez, Monning, Stern, Umberg, Wieckowski

NOES: Jones

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 58-11, 4/8/19 - See last page for vote

SUBJECT: Elections: vote by mail ballots

SOURCE: Author

DIGEST:

This bill prohibits an employer from requiring or requesting an employee to bring their vote by mail (VBM) ballot to work or to vote their VBM ballot at work.

ANALYSIS:

Existing federal law:

1. Provides that no person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for doing either of the following:
   
   1. Voting or attempting to vote; or,
   2. Urging or aiding any person to vote or attempt to vote.
      
2. Provides that whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined or imprisoned for not more than one year, or both.

Existing state law:

1. Provides that voting shall be secret.
   
2. Permits any registered voter to apply for and receive a VBM ballot.
   
3. Permits a voter, without loss of pay, to take time off work to vote at a statewide election, as specified.
   
4. Requires an employer, not less than 10 days before every statewide election, to post conspicuously at the place of work, a notice to employees advising them of the ability to take paid leave to vote in a statewide election, as specified.
   
5. Provides that any person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
6. Provides that any person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
7. Prohibits a person, directly or through another person, to give, offer, or promise any office, place, or employment to any voter in order to induce that voter at any election to refrain from voting, vote for any particular person, or refrain from voting for any particular person, as specified. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.
8. Prohibits a person, directly or through another person, to receive, agree, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment for themselves or another person for voting, agreeing to vote, refraining from voting, or agreeing to refrain from voting for any particular person or measure; for remaining away from the polls; for refraining or agreeing to refrain from voting; or for inducing any other person to remain away from the polls, refrain from voting, or vote or refrain from voting for any particular person or measure. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.

This bill:

1. Prohibits an employer, whether a public agency or private employer, from requiring or requesting an employee to bring their VBM ballot to work or to vote their VBM ballot at work.
2. Provides that an employer who violates these provisions is subject to a civil fine of up to $10,000 per election and permits an action for a civil fine under these provisions to be brought by the Secretary of State or any public prosecutor with jurisdiction.
3. Provides that nothing in this bill prohibits an employer from encouraging employees to vote.

Background

Current Voting Protections. Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For instance, criminal penalties are possible for coercing or intimidating a voter to vote or refrain from voting in an election, or vote or refraining from voting for a particular person or measure, as specified; for coercing or deceiving elders in casting a vote, as specified; for soliciting the vote of a VBM voter while the voter is voting, as specified; and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure, as specified.

Vote by Mail Data. Since California law was amended in 2001 to allow any voter to become a permanent VBM voter (known at the time as a "permanent absent voter"), the percentage of voters who vote using a ballot that was mailed to them generally has increased from election-to-election. In fact, in each statewide election going back to the 2012 primary election, a majority of ballots cast in the election were cast on a VBM ballot. In the 2016 statewide general election, 57.8% of ballots were cast on a VBM ballot, including a majority of the ballots in 55 of the state's 58 counties.

In the 2018 statewide general election, the percentage of voters who cast VBM ballots increased and approximately 65% of ballots were cast using VBM ballots.

Comments

1. According to the author, a study about politics at work found that one-third of workers worried about retaliation if they did not follow corporate wishes related to political activities. Employees can be pushed, pressured, and persuaded to support policy measures or individuals that their employers support. It is low-income and financially insecure workers that are more susceptible to this form of voter coercion and intimidation.
   
   The California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work. This practice undermines election integrity by interfering with a voter’s right to a free and unconstrained vote for a candidate or issue of their choice.
   
   AB 17 will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.
   
2. Is There a Problem? Notwithstanding the author’s concern about the lack of state law to prohibit employers from requesting or requiring employees to bring their VBM ballots into work, or to vote those ballots at work, the committee has not been provided with any information indicating that employers in California are making such requests of their employees. Furthermore, the committee is not aware of any cases of VBM ballot abuse or intimidation of this type that have been prosecuted in California. According to the Secretary of State’s office, over the past two years the Election Fraud Investigation Unit has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general.
   
   On the other hand, the author did provide the committee with news articles and columns discussing a trend whereby some employers are increasingly pressuring their employees to support their favored political candidates and causes.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/1/19)

Secretary of State Alex Padilla

California Civil Liberties Advocacy

California Conference Board of the Almalgamated Transit Union

California Conference of Machinists

California Teachers Association

California Teamsters Public Affairs Council

City of Arvin

City of Delano

City of McFarland

City of Wasco

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

Inlandboatmen’s Union of the Pacific

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Screen Actors Guild‐American Federation of Television and Radio Artists 

United Farm Workers

UNITE-HERE, AFL-CIO

Utility Workers of America

OPPOSITION: (Verified 7/1/19)

None received

ARGUMENT IN SUPPORT: In a letter supporting AB 17, the United Farm Workers stated, in part, the following:

The United Farm Workers (UFW) supports AB 17, which address voter intimidation and suppression in the workplace. By amending existing law to prohibit an employer from requiring or requesting that an employee bring their vote by mail ballot to work or vote their vote by mail ballot at work, AB 17 will protect employees from undue voting influence in the workplace.

According to the California Elections Code, voters have the right to cast their ballot without intimidation or undue influence. While AB 306 (2018) amended the Elections Code to expand vote by mail ballot protections, California has yet to address voter intimidation in the workplace.

AB 17 will protect a voter’s right to vote voluntarily for a candidate or issue of their choice. This bill will increase voter protection by prohibiting employers from requesting or requiring employees to bring their vote by mail ballots into work and subjecting employers who violate this act with a civil fine of up to $10,000 per election.

ASSEMBLY FLOOR: 58-11, 4/8/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Brough, Choi, Dahle, Diep, Gallagher, Kiley, Mathis, Patterson, Voepel, Waldron

NO VOTE RECORDED: Arambula, Calderon, Carrillo, Chen, Flora, Fong, Eduardo Garcia, Levine, Mayes, Melendez, Blanca Rubio

Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106

7/3/19 15:09:00

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2019-2020 Regular Session

Bill No: AB 17 (Author:Salas)

Version: June 10, 2019

Hearing Date: June 18, 2019

Fiscal: Yes

Urgency: No

Consultant: AM

SUBJECT

Elections: vote by mail ballots

DIGEST

This bill prohibits an employer, including a public agency, from requiring or requesting that an employee bring the employee’s vote by mail (VBM) ballot to work or vote the employee’s VBM ballot at work, and subjects an employer who violates this prohibition to a civil fine of up to $10,000 per election. The bill authorizes the Secretary of State or a public prosecutor with jurisdiction to bring an action to assess the civil fine.

EXECUTIVE SUMMARY

California law was amended in 2001 to allow any voter to become a permanent VBM ballot voter. Since that time, the percentage of voters who vote using a VBM ballot has generally increased from election to election.^[1] Since 2012, a majority of ballots cast in elections have been cast on a VBM ballot.^[2] This bill would prohibit an employer from requiring or requesting that an employee bring the employee’s VBM to work or vote the employee’s VBM at work, and subjects an employer who violates this prohibition to a civil fine of up to $10,000 per election.

The bill is author-sponsored. The bill is supported by various cities and labor organizations and the California Secretary of State Alex Padilla. There is no known opposition. The bill passed out of the Senate Elections and Constitutional Amendments Committee 5-0.

PROPOSED CHANGES TO THE LAW

Existing federal law prohibits a person, whether acting under color of law or otherwise, from intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, any person for the purpose of interfering with the right of such person to vote or to vote as that person chooses, or causing another person to vote for, or not to for, a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate. Provides that violation of these provisions is punishable by a fine or imprisonment for not more than one year, or both. (52 U.S.C. § 10101.)

Existing state law:

1. Provides that voting shall be secret. (Cal. Const. art. II, § 7.)
2. Provides that a VBM ballot is available to any registered voter, as specified. (Elec. Code §§ 3000-3026.)
3. Provides that any person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, is guilty of a felony punishable by imprisonment, as provided. (Elec. Code § 18540.)
4. Provides that any person who hires or arranges for any other person to make use of, or threaten to make use of, any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, is guilty of a felony punishable by imprisonment, as provided. (Elec. Code § 18540.)
5. Prohibits a person, directly or through another person, to give, offer, or promise any office, place, or employment to any voter in order to induce that voter at any election to refrain from voting, vote for any particular person, or refrain from voting for any particular person, as specified. Provides that a violation of these provisions is punishable by imprisonment, as provided. (Elec. Code § 18520.)
6. Prohibits a person, directly or through another person, to receive, agree, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment for themselves or another person for voting, agreeing to vote, refraining from voting, or agreeing to refrain from voting for any particular person or measure; for remaining away from the polls; for refraining or agreeing to refrain from voting; or for inducing any other person to remain away from the polls, refrain from voting, or vote or refrain from voting for any particular person or measure. Provides that a violation of these provisions is punishable by imprisonment, as provided. (Elec. Code § 18521.)
7. Requires an employer, not less than 10 days before every statewide election, to post conspicuously at the place of work a notice to employees advising them of the ability to take paid leave to vote in a statewide election, as specified. (Elec. Code § 14001.)

This bill:

1. Prohibits an employer, whether a public agency or private employer, from requiring or requesting an employee to bring their VBM ballot to work or to vote their VBM ballot at work.
2. Provides that an employer who violates these provisions is subject to a civil fine of up to $10,000 per election and permits an action for a civil fine under these provisions to be brought by the Secretary of State or any public prosecutor with jurisdiction.
3. Provides that nothing in the bill prohibits an employer from encouraging employees to vote.

COMMENTS

1. Stated need for the bill

The author writes:

A study about politics at work found that one-third of workers worried about retaliation if they did not follow corporate wishes related to political activities. Employees can be pushed, pressured, and persuaded to support policy measures or individuals that their employers support, particularly low-income and financially insecure workers that are more susceptible to this form of voter coercion and intimidation. California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work.

This practice undermines election integrity by interfering with a voter’s right to a free and unconstrained vote for a candidate or issue of their choice. AB 17 will help protect voters from undue influence or coercion by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.

2. VBM ballot and voter protections

Existing federal and state law contain various protections for voters and assess both criminal and civil penalties for violations of these provisions. The goal of these laws is to protect both voters and the integrity of the election system. Today, a majority of voters in California cast their vote on a VBM ballot. According to the Secretary of State, 57.79 percent of ballots in the 2016 statewide general election were cast on a VBM ballot, and 65.31 percent of ballots in the 2018 statewide general election were cast on a VBM ballot.^[3]

The author has expressed concerns that existing state law lacks a prohibition on employers requesting their employees bring their VBM ballot to work or vote their VBM ballot at work, and seeks to ban this practice to protect voters from any undue influence or coercion. According to the Senate Elections and Constitutional Amendments Committee, the Election Fraud Investigation Unit of the Secretary of State’s office “has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general” over the past two years.^[4]

The author provided this Committee with several news articles discussing recent trends whereby some employers are “pressuring” employees to lobby or vote in specific ways as evidence for the need of this bill. For example, an article in the Washington Post reported that:

According to one business association’s polling, since 2000, nearly four times as many employees are hearing about politics from their bosses. In my own review of corporate activities, I found that until the late 1990s and early 2000s, companies didn’t commonly try to recruit employees as voters and lobbyists. That has changed. Roughly a quarter of U.S. employees say that they have heard about politics from their bosses.^[5]

Though there may not be direct evidence that employers in California are requiring or requesting employees to bring their VBM ballots to work, the bill’s provisions do provide additional protections to voters by prohibiting this conduct. The bill applies to all employers in California, whether a public agency or private employer, and makes a violation of its provisions subject to a fine of up to $10,000. The fine is authorized to be brought in an action by the Secretary of State or a public prosecutor with jurisdiction. The bill also provides that nothing in the bill prohibits an employer from encouraging employees to vote.

3. Statements in support

The bill is supported by various labor organizations, cities, and California Secretary of State Alex Padilla, who all viewed the bill as providing greater protection to voters.

In support of the bill, the Secretary Padilla writes:

AB 17 would update ballot privacy laws to ensure voters can cast their votes free of an employer’s undue influence by ensuring voters are not required or requested to bring their ballots to their place of employment.

SUPPORT

California Secretary of State Alex Padilla

California Civil Liberties Advocacy

California Conference Board of the Almalgamated Transit Union

California Conference of Machinists

California Teachers Association

California Teamsters Public Affairs Council

City of Arvin

City of Delano

City of McFarland

City of Wasco

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

Inlandboatmen’s Union of the Pacific

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Screen Actors Guild‐American Federation of Television and Radio Artists 

United Farm Workers

UNITE-HERE, AFL-CIO

Utility Workers of America

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: None known

Prior Legislation: None known

PRIOR VOTES:

Senate Elections and Constitutional Amendments Committee (Ayes 5, Noes 0)

Assembly Floor (Ayes 58, Noes 11)

Assembly Appropriations Committee (Ayes 13, Noes 1)

Assembly Elections and Redistricting Committee (Ayes 5, Noes 1)

**************

1. Cal. Sec. of State, Historical Vote-By-Mail (Absentee) Ballot Use in California, available at https://www.sos.ca.gov/elections/historical-absentee/ (as of Jun. 5, 2019). ↑

2. Id. ↑

3. Id. ↑

4. Cal. Sen. Elec. and Const. Amendments Com. AB 17 (Salas, 2019) Analysis, at page 3. ↑

5. Hertel-Fernandez, Alexander, U.S. companies are pressuring their workers on how to lobby and vote, Wash. Post (Mar. 21, 2018), available at https://www.washingtonpost.com/news/monkey-cage/wp/2018/03/21/u-s-companies-are-pressuring-er-educating-their-workers-on-how-to-lobby-and-vote/?utm_term=.0fc514628f30 (as of Jun. 5, 2019); see also, Sitaraman, Ganesh, In corporate America, too many bosses tell employees who to vote for, Guardian (May 7, 2018), available at https://www.theguardian.com/commentisfree/2018/may/07/politics-at-work-employee-mobilization-lobbying (as of Jun. 5, 2019); see also Greenhouse, Steven, Here’s a memo From the Boss: Vote This Way, N.Y. Times (Oct. 26, 2012), available at https://www.nytimes.com/2012/10/27/us/politics/bosses-offering-timely-advice-how-to-vote.html (as of Jun. 5, 2019). ↑

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Thomas Umberg, Chair

2019 - 2020 Regular

Bill No: AB 17 Hearing Date: 6/4/19

Subject: Elections: vote by mail ballots.

DIGEST

This bill prohibits an employer from requiring or requesting an employee to bring their vote by mail (VBM) ballot to work or to vote their VBM ballot at work.

ANALYSIS

Existing law:

1. Provides that voting shall be secret.
   
2. Permits any registered voter to apply for and receive a VBM ballot.
   
3. Permits a voter, without loss of pay, to take time off work to vote at a statewide election, as specified.
   
4. Requires an employer, not less than 10 days before every statewide election, to post conspicuously at the place of work, a notice to employees advising them of the ability to take paid leave to vote in a statewide election, as specified.
   
5. Provides that any person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
6. Provides that any person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
7. Prohibits a person, directly or through another person, to give, offer, or promise any office, place, or employment to any voter in order to induce that voter at any election to refrain from voting, vote for any particular person, or refrain from voting for any particular person, as specified. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.
8. Prohibits a person, directly or through another person, to receive, agree, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment for themselves or another person for voting, agreeing to vote, refraining from voting, or agreeing to refrain from voting for any particular person or measure; for remaining away from the polls; for refraining or agreeing to refrain from voting; or for inducing any other person to remain away from the polls, refrain from voting, or vote or refrain from voting for any particular person or measure. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.
9. Provides, pursuant to federal law, that no person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for doing either of the following:
   
   1. Voting or attempting to vote; or,
      
   2. Urging or aiding any person to vote or attempt to vote.
      
10. Provides, pursuant to federal law, that whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined or imprisoned for not more than one year, or both.

This bill:

1. Prohibits an employer from requiring or requesting an employee to bring their VBM ballot to work or to vote their VBM ballot at work.
2. Provides that an employer who violates these provisions will be subject to a civil fine of up to ten thousand dollars ($10,000) per election and permits an action for a civil fine under these provisions to be brought by the Secretary of State (SOS) or any public prosecutor with jurisdiction.

BACKGROUND

Current Voting Protections. Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For instance, criminal penalties are possible for coercing or intimidating a voter to vote or refrain from voting in an election, or vote or refraining from voting for a particular person or measure, as specified; for coercing or deceiving elders in casting a vote, as specified; for soliciting the vote of a VBM voter while the voter is voting, as specified; and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure, as specified.

Vote by Mail Data. Since California law was amended in 2001 to allow any voter to become a permanent VBM voter (known at the time as a "permanent absent voter"), the percentage of voters who vote using a ballot that was mailed to them generally has increased from election-to-election. In fact, in each statewide election going back to the 2012 primary election, a majority of ballots cast in the election were cast on a VBM ballot. In the 2016 statewide general election, 57.8% of ballots were cast on a VBM ballot, including a majority of the ballots in 55 of the state's 58 counties.

In the 2018 statewide general election, the percentage of voters who cast VBM ballots increased and approximately 65% of ballots were cast using VBM ballots.

COMMENTS

1. According to the author: A study about politics at work found that one-third of workers worried about retaliation if they did not follow corporate wishes related to political activities. Employees can be pushed, pressured, and persuaded to support policy measures or individuals that their employers support. It is low-income and financially insecure workers that are more susceptible to this form of voter coercion and intimidation.
   
   The California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work. This practice undermines election integrity by interfering with a voter’s right to a free and unconstrained vote for a candidate or issue of their choice.
   
   AB 17 will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.
   
2. Is There a Problem? Notwithstanding the author’s concern about the lack of state law to prohibit employers from requesting or requiring employees to bring their VBM ballots into work, or to vote those ballots at work, the committee has not been provided with any information indicating that employers in California are making such requests of their employees. Furthermore, the committee is not aware of any cases of VBM ballot abuse or intimidation of this type that have been prosecuted in California. According to the SOS’s office, over the past two years the Election Fraud Investigation Unit has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general.
   
   On the other hand, the author did provide the committee with news articles and columns discussing a trend whereby some employers are increasingly pressuring their employees to support their favored political candidates and causes.
   
3. Argument in Support. In a letter supporting AB 17, the United Farm Workers stated, in part, the following:
   

The United Farm Workers (UFW) supports AB 17, which address voter intimidation and suppression in the workplace. By amending existing law to prohibit an employer from requiring or requesting that an employee bring their vote by mail ballot to work or vote their vote by mail ballot at work, AB 17 will protect employees from undue voting influence in the workplace.

According to the California Elections Code, voters have the right to cast their ballot without intimidation or undue influence. While AB 306 (2018) amended the Elections Code to expand vote by mail ballot protections, California has yet to address voter intimidation in the workplace.

AB 17 will protect a voter’s right to vote voluntarily for a candidate or issue of their choice. This bill will increase voter protection by prohibiting employers from requesting or requiring employees to bring their vote by mail ballots into work and subjecting employers who violate this act with a civil fine of up to $10,000 per election.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: Secretary of State Alex Padilla

California Civil Liberties Advocacy

California Conference Board of the Almalgamated Transit Union

California Conference of Machinists

California Teachers Association

California Teamsters Public Affairs Council

City of Arvin

City of Delano

City of McFarland

City of Wasco

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

Inlandboatmen’s Union of the Pacific

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Screen Actors Guild‐American Federation of Television and Radio Artists 

United Farm Workers

UNITE-HERE, AFL-CIO

Utility Workers of America

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 17

Author:(Salas and Gonzalez)

As Introduced Ver:December 3, 2018

Majority vote

SUMMARY:

Prohibits an employer from asking an employee to bring their vote by mail (VBM) ballot to work or vote their VBM ballot at work, as specified.

Major Provisions

1. Prohibits an employer from requiring or requesting an employee to bring their VBM ballot to work or to vote their VBM ballot at work.
2. Provides that an employer who violates these provisions will be subject to a civil fine of up to $10,000 per election.
3. Permits an action for a civil fine under these provisions to be brought by the Secretary of State (SOS) or any public prosecutor with jurisdiction.

COMMENTS:

Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For instance, criminal penalties are possible for coercing or intimidating a voter to vote or refrain from voting in an election, or vote or refraining from voting for a particular person or measure, as specified; for coercing or deceiving elders in casting a vote, as specified; for soliciting the vote of a vote by mail voter while the voter is voting, as specified; and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure, as specified.

Notwithstanding the author's concern about the lack of state law to prohibit employers from requesting or requiring employees to bring their VBM ballots into work, or to vote those ballots at work, the author has not provided any information that indicates that employers in California are making such requests of their employees. According to the SOS's office, over the past two years the Election Fraud Investigation Unit has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general.

According to the Author:

California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work. This practice undermines election integrity by interfering with a voter's right to a free and unconstrained vote for a candidate or issue of their choice. This bill will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.

Arguments in Support:

In support of this measure, the California Teachers Association writes: "[California Teachers Association] believes our voting systems must be free of procedures resulting in the loss of the right to vote by any citizen. The proposal sets in motion the opportunity to unfairly 'influence' votes cast and/or election outcomes. Secret ballots are the corner-stone of our American democracy and we should do all within our power to ensure voting privacy."

Arguments in Opposition:

None received.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, minor additional SOS costs, if any, offset by potential civil fine revenue.

VOTES:

ASM ELECTIONS AND REDISTRICTING: 5-1-1

YES: Berman, Santiago, Low, Mullin, Weber

NO: Gallagher

ABS, ABST OR NV: Mayes

ASM APPROPRIATIONS: 13-1-4

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Gabriel, Friedman, Obernolte, Petrie-Norris, Quirk, Robert Rivas

NO: Brough

ABS, ABST OR NV: Bigelow, Diep, Fong, Maienschein

UPDATED:

VERSION: December 3, 2018

CONSULTANT: Nichole Becker / E. & R. / (916) 319-2094 FN: 0000103

Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 17

Author:(Salas) – As Introduced Ver:December 3, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill prohibits an employer from requiring or requesting an employee to bring their vote-by-mail (VBM) ballot to work or to vote the VBM ballot at work, subject to civil fines of up to $10,000 per election. This bill authorizes the civil fine to be brought by the Secretary of State (SOS) or any public prosecutor with jurisdiction.

FISCAL EFFECT:

Minor additional SOS costs, if any, offset by potential civil fine revenue.

COMMENTS:

1. Purpose. According to the author:

AB 17 will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.

1. Background. Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For example, there are criminal penalties for coercing or intimidating a voter, for coercing or deceiving elders in casting a vote, for soliciting the vote of a VBM voter while the voter is voting, and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure.

According to the SOS’s office, over the past two years the Election Fraud Investigation Unit has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general. It is unclear if this bill is necessary or if it addresses a problem that is not already covered by existing law.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: March 13, 2019

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:AB 17 (

Author:Salas) – As Introduced Ver:December 3, 2018

SUBJECT: Elections: vote by mail ballots.

SUMMARY: Prohibits an employer from requiring or requesting an employee to bring their vote by mail (VBM) ballot to work or to vote their VBM ballot at work. Provides that an employer who violates these provisions will be subject to a civil fine of up to ten thousand dollars ($10,000) per election and permits an action for a civil fine under these provisions to be brought by the Secretary of State (SOS) or any public prosecutor with jurisdiction.

EXISTING STATE LAW:

1. Provides that voting shall be secret.
2. Permits any registered voter to apply for and receive a VBM ballot.
3. Permits a voter, without loss of pay, to take time off work to vote at a statewide election, as specified.
4. Requires an employer, not less than 10 days before every statewide election, to post conspicuously at the place of work, a notice to employees advising them of the ability to take paid leave to vote in a statewide election, as specified.
5. Provides that any person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
6. Provides that any person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment for 16 months or two or three years, as specified.
7. Prohibits a person, directly or through another person, to give, offer, or promise any office, place, or employment to any voter in order to induce that voter at any election to refrain from voting, vote for any particular person, or refrain from voting for any particular person, as specified. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.
8. Prohibits a person, directly or through another person, to receive, agree, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment for themselves or another person for voting, agreeing to vote, refraining from voting, or agreeing to refrain from voting for any particular person or measure; for remaining away from the polls; for refraining or agreeing to refrain from voting; or for inducing any other person to remain away from the polls, refrain from voting, or vote or refrain from voting for any particular person or measure. Provides that a violation of these provisions is punishable by imprisonment for 16 months or two or three years.

EXISTING FEDERAL LAW:

1. Provides that no person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for doing either of the following:
   1. Voting or attempting to vote; or,
   2. Urging or aiding any person to vote or attempt to vote.
2. Provides that whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined or imprisoned for not more than one year, or both.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

California Elections Code does not prohibit employers from requesting or requiring employees to bring their vote by mail ballot into work or vote their vote by mail ballot at work. This practice undermines election integrity by interfering with a voter’s right to a free and unconstrained vote for a candidate or issue of their choice. AB 17 will address voter suppression and protect ballot integrity by prohibiting an employer from requiring or requesting that an employee bring their vote by mail ballot into work or vote their vote by mail ballot at work.

1. Current Voting Protections: Existing state and federal laws include a variety of safeguards to protect against VBM ballot intimidation or coercion. Additionally, state law includes extensive penalties for misconduct in connection with VBM ballots. For instance, criminal penalties are possible for coercing or intimidating a voter to vote or refrain from voting in an election, or vote or refraining from voting for a particular person or measure, as specified; for coercing or deceiving elders in casting a vote, as specified; for soliciting the vote of a vote by mail voter while the voter is voting, as specified; and for providing any valuable consideration to a person in exchange for that person voting or refraining from voting for a particular person or measure, as specified.
2. Is There a Problem? Notwithstanding the author’s concern about the lack of state law to prohibit employers from requesting or requiring employees to bring their VBM ballots into work, or to vote those ballots at work, the committee has not been provided with any information that indicates that employers in California are making such requests of their employees. Furthermore, the committee is not aware of any cases of VBM ballot abuse or intimidation of this type that have been prosecuted in California. According to the SOS’s office, over the past two years the Election Fraud Investigation Unit has not received any formal complaints of voter intimidation or other election violations from the public regarding their employer or employers in general.
3. Vote by Mail Data: Since California law was amended in 2001 to allow any voter to become a permanent VBM voter (known at the time as a "permanent absentee voter,") the percentage of voters who vote using a ballot that was mailed to them generally has increased from election-to-election. In fact, in each statewide election going back to the 2012 primary election, a majority of ballots cast in the election were cast on a VBM ballot. In the 2016 statewide general election, 57.8% of ballots were cast on a VBM ballot, including a majority of the ballots in 55 of the state's 58 counties.
   
   In the 2018 statewide general election, the percentage of voters who cast VBM ballots increased and approximately 65% of ballots were cast using VBM ballots. Part of the increase may be attributed to the implementation of vote centers in five counties. Specifically, SB 450 (Allen), Chapter 832, Statutes of 2016, enacted the California Voter's Choice Act, which permitted counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Last year Madera, Napa, Nevada, Sacramento, and San Mateo counties conducted elections under this system. The percentage of VBM ballots may increase again as additional counties are permitted to begin using the vote center model in 2020.
4. Arguments in Support: In support, the California Teachers Association writes:

[California Teachers Association] believes our voting systems must be free of procedures resulting in the loss of the right to vote by any citizen. The proposal sets in motion the opportunity to unfairly “influence” votes cast and/or election outcomes. Secret ballots are the corner-stone of our American democracy and we should do all within our power to ensure voting privacy.

REGISTERED SUPPORT / OPPOSITION:

Support

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Teachers Association

California Teamsters Public Affairs Council

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

Inlandboatmen’s Union of the Pacific

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

SAG-AFTRA

UNITE-HERE, AFL-CIO

United Farm Workers

Utility Workers of America

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094