Hearings

Assembly Standing Committee on Elections

April 19, 2023
  • Isaac Bryan

    Legislator

    Thank you, Steve. Good morning. Welcome to the April 19, 2023, hearing of the Assembly Elections Committee. I do not see be a quorum present, so we'll begin as a Subcommittee. If Members of the Committee are monitoring this hearing, please come to Room 444 of the state capitol so that we can establish a quorum. We have two options for the public to testify at today's hearing in person. I see there's a few people here or by a moderated telephone service.

  • Isaac Bryan

    Legislator

    The Committee has 18 bills on its agenda. 18 bills is the most we've had on our agenda in two years, so please be mindful of that as we make our way through today. For each Bill, there will be a maximum of two primary witnesses in support and two primary witnesses in opposition, with a limit of two minutes per witness.

  • Isaac Bryan

    Legislator

    After we have heard from the primary witness, the public will have up to 10 minutes in total time for additional public comment on each Bill, starting with Members who are here in the hearing room. Other witnesses are limited to providing their name, the organization they represent, if any, and their position on the Bill. Any additional comments will be ruled out of order. Again, we have 18 bills on the agenda. We are going to try to move expeditiously.

  • Isaac Bryan

    Legislator

    If you're unable to get through on the phone, please feel free to submit written testimony through the portal on the Committee's website. The written testimony will become part of the official record of the Bill. For those who are watching this hearing remotely and who wish to call in to register their position, the call-in number for this hearing is 877-692-8957 and the access code is 1315444 you can also find this number on the Assembly Elections Committee website, as well as on your TV or computer screen.

  • Isaac Bryan

    Legislator

    If you are calling in, please eliminate all background noise. This includes muting your live stream, broadcast, and smart devices to reduce sound distortion. If you're having any problems with the moderated phone service, you can call the Committee directly at 916-319-2094. And the Committee staff, the excellent Committee staff, will be there to try to help you. Thank you for bearing with us as we implement methods to continue to serve all of the people of California.

  • Isaac Bryan

    Legislator

    With those announcements out of the way, we're going to move on to the Committee's agenda. At this point since we don't have a quorum. So we'll take up the. Yeah, not quite at a quorum. So we'll take up the consent calendar later in the hearing.

  • Unidentified Speaker

    Person

    First item up is.

  • Isaac Bryan

    Legislator

    We'll now move on to the other bills on the Committee's agenda. AB 1004 Ta. Welcome. Good morning.

  • Tri Ta

    Legislator

    Good morning Chair and Members of the Committee. Good morning. Good morning Chair. I'm here today to present AB 1004, which would Reserve a loophole in California election law and provide voters an opportunity to verify their signature on initiative referendum and recall petition if election official reject their signature.

  • Tri Ta

    Legislator

    I want to begin by thanking Committee staff for working with my office on this Bill and we'll be accepting the Committee proposed amendment to AB 1004 to initiate a referendum or recall, supporters must circulate a petition collecting signature to qualify for the ballot. However, election official can disqualify petition signature if they judicate a mismatch between the petition signature and a voter signature on file. If disqualified, signers are never notified that their signature has been tossed and are given no opportunity to verify their signature.

  • Tri Ta

    Legislator

    This is especially problematic because voter signature on file often come from outdated sources, such as decade old voter registration firm. Signers whose signature have changed, many due to OA or ailment, are often disqualified and disenfranchised from the petition process with no opportunity to verify the signature. Signature will also be compared to record from the Department of Motor Vehicles where voters use unfamiliar stylus to record their signature, resulting in this prerequisite that lead to further disqualification. This issue is personal to me in my community.

  • Tri Ta

    Legislator

    Signature mass requirement have been filed to pose a unit challenge to Asian Americans with Asian American advancing justice reporting that foreign born Asian American vote by mail ballot were more likely to experience rejection due to signature mismatch than their native born counterpart. In my Committee in northwest on county signature mass requirement have regularly disenfranchised Committee Members who sought to fairly participate in the democratic process.

  • Tri Ta

    Legislator

    California law allow voters to verify signature mismatch on ballot and require election official to notify voter when their vote by mail signature is disqualified. AB 1004 would extend this voter protection to initiative and recall petition and confirm petition to the rest of election code. This legislation would require that election official notify voter their signature has been disqualified due to a signature mismatch.

  • Tri Ta

    Legislator

    Signer would have until the end of a 30 day verification period to verify their signature, meaning this legislation would not exceed the 30 day period for election official to review the petition. One signature unfairly disenfranchised, one signature too many. Voters must be able to participate in California democratic process instead of current law which allow for signature to be disqualified with no notice and no opportunity to reserve the concerns.

  • Tri Ta

    Legislator

    The Legislature must take action to close the signature verification loophole and ensure California can fairly participate in the democratic process. Thank you for your time. I'm proud to introduce my witness, Preston Young from Cal Chamber and so welcome. Any question that you have, I humbly ask for aye vote.

  • Preston Young

    Person

    Thank you Mr. Chair and Committee Members, Preston Young from the California Chamber of Commerce here today in support of AB 1004. California law allows voters to verify signature mismatches on vote by mail ballots and requires election officials to notify voters when their vote by mail ballot is disqualified. However, voters cannot verify disqualified signatures on recall or ballot Proposition petitions, nor are they notified that their signature has been disqualified. Considerable evidence exists to demonstrate that signature match requirements can result in voters being disenfranchised unfairly.

  • Preston Young

    Person

    A 2020 ACLU report stated that signature match requirements present a barrier to voters who have conditions that make it hard to consistently sign their name. Asian Americans Advancing Justice found that signature mismatches the most common reason for ballot disqualification among Asian American voters, specifically amongst foreign born Asian Americans. The Center for Inclusive Democracy found that non matching signatures comprised the main reason for rejected vote by mail ballots. AB 1004 would extend the same protections currently afforded to vote by mail signatures to petition signatures.

  • Preston Young

    Person

    This legislation would close a loophole in California's election law and conform signature integrity for recall and ballot Proposition petitions to the rest of the elections code. For these reasons, we're here today in support of 1004. Thank you very much.

  • Isaac Bryan

    Legislator

    Thank you. Is there a registered opposition on this Bill? Seeing none.

  • Colleen Britton

    Person

    I'm in support with amendments. May I?

  • Isaac Bryan

    Legislator

    Sure.

  • Colleen Britton

    Person

    You want me to speak from here or go up there?

  • Isaac Bryan

    Legislator

    Doesn't matter, whatever makes you feel comfortable.

  • Colleen Britton

    Person

    All right, I'll go up there.

  • Isaac Bryan

    Legislator

    Come on up. Good morning.

  • Colleen Britton

    Person

    My name is Colleen Britton. I'm with the Election Integrity Project California, and we support this Bill with amendments. Signature verification is critical to our mail in ballots and to our petitions and initiatives, referendums, all those things. It's key, and we really applaud this bill's desire to standardize the acceptance between the ballot signatures, the envelope signatures and the petition signatures. That's critical. It's the right thing to do. In California. We would suggest amending the Bill to strengthen the signature verification to three points.

  • Colleen Britton

    Person

    Right now it's varied in different counties. Some counties use a 1.0 some 2.0 some 3.0. We would like to see that strengthened so that that was consistent both for mail in ballots and for petitions. So to make that stronger, we would also, in light of all the extra work required for the curing process, to eliminate the curing process from this Bill, primarily because petitions are done not in private, but with the supervision of a petition of circulator.

  • Colleen Britton

    Person

    So that person is responsible for making sure that the petition is signed correctly. And so I don't think that the need for a hearing is there. So that would be our suggestion that we amend the Bill for that. But generally, we're very supportive of it. So thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. And we're going to pause for a quick second. Madam Secretary, I think a quorum is present. Can we call the roll?

  • Committee Secretary

    Person

    [Roll Call] We have a quorum.

  • Isaac Bryan

    Legislator

    Thank you. And real quickly, we're just going to take up the Committee's consent calendar, because I know folks go in and out. There are two bills on the consent calendar. Those bills are item number 16, AB 1761, by the Assembly Elections Committee, and item number 17, AB 1762, by the Assembly Elections Committee. We have a motion by Ms. Rubio. A second by Mr. Bennett. Does any Member wish to remove an item from the consent calendar? I appreciate, y'all. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    [Roll Call] The consent calendar is out.

  • Isaac Bryan

    Legislator

    5 -0 the consent calendar has been approved. We will now return back to item number nine, AB 1004. Is there anybody in the hearing room who would like to register their support or opposition for this Bill? Seeing none. Operator, can we go to the phone lines? Is there anybody on the phone lines who would like to register their support or opposition to this Bill?

  • Committee Moderator

    Person

    Provide comments in support or opposition for this Bill, please press one, then zero. One moment, please. Line 25. Line 25.

  • Unidentified Speaker

    Person

    Yes. Am I on? My name is Missy. I'm from LA County. I'd like to on AB 1004. I support, if amended. Thank you.

  • Committee Moderator

    Person

    53. Line 53, you're open. Line 12.

  • Unidentified Speaker

    Person

    Hello, my name is April Bean. I'm from Sacramento county, and I support this Bill with the amendments as suggested by EIPCA. Thank you.

  • Committee Moderator

    Person

    Line 44.

  • Unidentified Speaker

    Person

    Hi, my name is Jeanette Felt, Sacramento county, and I would support this Bill, if amended, as recommended by EIPCA.

  • Committee Moderator

    Person

    Line 13.

  • Unidentified Speaker

    Person

    Hi, my name is Myrna from La County. I support this Bill, if amended. Thank you.

  • Unidentified Speaker

    Person

    Robert White, Santa Clara County. Election integrity. I support this Bill, if amended.

  • Committee Moderator

    Person

    Line 11.

  • Committee Moderator

    Person

    Line 19.

  • Committee Moderator

    Person

    Line 10.

  • Unidentified Speaker

    Person

    Yes. Vicky Renkey, Calaveras County. Support, if amended.

  • Unidentified Speaker

    Person

    This is Chris Foster from Orange County. I support this Bill, if amended. I'm in agreement with election integrity project.

  • Committee Moderator

    Person

    Line 24.

  • Unidentified Speaker

    Person

    This is Andy Miza, L.A County. I support the Bill if it's amended per the election integrity project.

  • Committee Moderator

    Person

    Line 47.

  • Lee Mentbery

    Person

    Lee Mentebari with election integrity Project, California, Placer County. I support, if amended, Bill 1004.

  • Committee Moderator

    Person

    There are no further comments in queue at this time.

  • Isaac Bryan

    Legislator

    Thank you so much. We'll now bring it back to Committee Members. Are there any Members of the Committee who comment, question, concern, thought about this Bill? Beautiful. Motion by Mr. Essayli, second by Mr. Lackey. Would you like to close?

  • Tri Ta

    Legislator

    I really want to thank all the Committee staff for dedication to work with my office, and I humbly ask for an aye vote.

  • Isaac Bryan

    Legislator

    And just to confirm, you're accepting the Committee's amendments?

  • Tri Ta

    Legislator

    Yes.

  • Isaac Bryan

    Legislator

    Thank you so much. Now, we were happy to work with you. It's an important Bill that will ensure that voters' signatures are not invalid or that have been invalidated. Have an opportunity to rectify that. Thank you for bringing here today. It enjoys an ireco from the chair. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass as amended and be re referred to the Committee on appropriations. [Roll Call]

  • Isaac Bryan

    Legislator

    Yeah, that Bill is on call. Needs one more.

  • Isaac Bryan

    Legislator

    Thank you.

  • Isaac Bryan

    Legislator

    I feel good about it, though. Item number one. Valencia. Good morning, brother.

  • Avelino Valencia

    Legislator

    How are you doing?

  • Isaac Bryan

    Legislator

    Doing all right. You may begin when ready.

  • Avelino Valencia

    Legislator

    Hey, thank you. Buenos. Yes, Mr.

  • Avelino Valencia

    Legislator

    Chair and members, I want to start by thanking the chair and the committee team for diligently working on AB 34. And I'd also like to acknowledge our Chief of Staff, Aaron Ryberg, and our legislative intern, Kobe Grossman, for their work on this bill. I look forward to continuing to work with the Committee to address the technical issues mentioned in the analysis. Additionally, I am aware that the committee is considering a broader bill that is authored by the chair that includes districts beyond counties.

  • Avelino Valencia

    Legislator

    And I am happy to maintain an open line of communication with the chair and the committee members as both of these bills move through the legislative process. Existing law does allow for counties to establish advisory or independent redistricting commissions. However, if a county does not establish an independent citizen redistricting commission, the incumbent county supervisors draw their own district boundaries. This opens the door for possible partisan conflicts or favoritism.

  • Avelino Valencia

    Legislator

    Independent citizen redistricting commissions help to help with fairness in the redistricting process and prevent the manipulation of district boundaries for political gain by elected officials. It directly increases transparency and accountability in the redistricting process by prioritizing local public input and ensuring that the process is conducted in an open and transparent manner. AB 34 is modeled after recent legislation and would similarly create an independent redistricting commission that would draw district boundaries for the County of Orange Board of Supervisors.

  • Avelino Valencia

    Legislator

    However, AB 34 goes a step further and adds additional elements not seen in provisions related to the legislation that I just mentioned. These include a process for the removal of commissioners, appointing alternates, requiring outreach materials to be translated into applicable languages, and additional provisions that would better clarify the makeup of this commission. In the last 20 years, Orange County has changed in its demographic and political makeup, a trend that is expected to continue.

  • Avelino Valencia

    Legislator

    The use of an independent redistricting commission would impact political fairness in representation of the diversity and interests of the community. With me to provide testimony, I have Mr. Paul Mitchell, president and owner of Eedistricting Partners, and Alejandra Ramirez-Zarate, political director for OC Action.

  • Alejandra Ramírez-Zárate

    Person

    Thank you. Good morning Chair Bryan and members of the Assembly Elections Committee. My name is Alejandra Ramirez-Zarate, and I'm policy director with OC Action. OC Action is an AAPI Latinx labor environmental justice progressive alliance in Orange County responsible for collective community and power building in the region. The seven organizations that anchor our alliance serve the emergent majority of the county's low income, immigrant, Latinx and Asian communities.

  • Alejandra Ramírez-Zárate

    Person

    During the 2021 redistricting cycle, OC Action convened the People's Redistricting Alliance, a coordinated effort comprising 16 community based organizations to maximize opportunities for marginalized communities in Orange County that drove the work around community participation in redistricting with the Orange County Board of Supervisors. Orange County is passed through for an independent redistricting commission that politically empowers people from historically disenfranchised communities and ensures more representative districts.

  • Alejandra Ramírez-Zárate

    Person

    For at least the last two redistricting cycle, a majority Republican Board of Supervisors has used their power to draw legislative districts to maintain their party's control over critical policy decisions in what stands today as a nearly $9 billion county budget. During the 2021 redistricting cycle, the California Independent Redistricting Commission drew fair maps that respected Orange County's communities of interest. In contrast, the map drawn by the Board of Supervisors divided key communities of interest intended to benefit a single political party.

  • Alejandra Ramírez-Zárate

    Person

    Despite Democrats outnumbering Republicans among registered voters county wide, the board approved a gerrymandered map that led to a Republican advantage in three of its five districts, and to achieve that partisan goal, the City of Irvine was split into two districts, breaking apart growing Low income immigrant and Asian American communities and thus diluting their collective voting power. The creation of Independent Citizens Redistricting Commission will enhance the public's trust in the integrity of the redistricting process by ensuring that it's conducted in a nonpartisan and transparent manner.

  • Alejandra Ramírez-Zárate

    Person

    AB 34 promotes civic participation and community leadership in the redistricting process by allowing community residents, especially those from historically marginalized communities, to have a greater voice in the redistricting process and to ensure that community voices are centered first in neighborhood representation, not special interests, as we've often seen. And lastly, through AB 34, Orange County can secure a future for greater political empowerment for growing majority minority populations throughout the region and build a legacy founded on fair representation for all.

  • Alejandra Ramírez-Zárate

    Person

    For these reasons, we strongly urge your support of AB 34.

  • Isaac Bryan

    Legislator

    I appreciate that we let you go 30 seconds over because you were dropping some fire over there, but because we have 18 bills on the agenda, really hoping we can stay to the two minutes. I'll give you a warning if you get close.

  • Paul Mitchell

    Person

    I'll be brief.

  • Paul Mitchell

    Person

    Chair Bryan, thank you very much, Chair and members, thanks for having me here today. My name is Paul Mitchell. I'm the owner of Redistricting Partners. We're a firm that has worked with over 100 municipalities around the state and the country, and we've worked with a variety of different agencies, some cities, counties, school boards that are doing their own redistricting, some under the Fair Maps Act, some not. And then even around the country, we've worked with advisory commissions or full independent commissions.

  • Paul Mitchell

    Person

    And the punchline is that independent commissions are better everywhere we've worked. Those independent commissions provide a better, more community focused redistricting, taking the politics and incumbency and those issues off the table and making the districts about the residents and about the voters. Before the Fair Maps Act, redistricting the local level was the Wild West. I literally know of a redistricting for a county supervisors that was drawn on a napkin at chops.

  • Paul Mitchell

    Person

    So that is the kind of norm that we were facing when the Fair Maps Act came in. The Fair Maps Act has made huge improvements. The Orange County redistricting, even with its faults, was more transparent and at least tried to ostensibly follow a process that had more of the drawing districts based on rank criteria and having community engagement. It wasn't done, as in the past, completely behind closed doors. That's not to say that it wasn't perfect.

  • Paul Mitchell

    Person

    Counties around the state and cities still had a lot of shenanigans going on. There were still a lot of lines drawn where you knew there were political motives being done, you knew that incumbency was a primary criteria in some of these redistrictings, even if they tried to use catchy phrases like we're just preserving the core of the district or we're just preserving the voter interests, when really they were trying to protect incumbents.

  • Paul Mitchell

    Person

    Common Cause has a great lengthy report on the Fair Maps Act implementation, which I'd encourage you and anybody interested in reading, I think they go through and really evaluate the range of experiences we had this redistricting cycle as a practitioner. As a practitioner, I support independent redistricting commissions.

  • Isaac Bryan

    Legislator

    Really appreciate you. Are there any primary witnesses in opposition? Seeing none, we'll return it back to the hearing room. Are there any persons in the hearing room who would like to register their support or opposition for this bill? Store rose tweener is good.

  • Unidentified Speaker

    Person

    All right, California, huge fan of district commissioners of the Fair Maps Act, co authors of that report that was mentioned. We do have a supportive amended letter in with some recommendations for friendly recommendations for improvements, and we look forward to continuing discussion.

  • Christophe Mayer

    Person

    Oh, sorry. Good morning. Chair, committee members, and staff, Christophe Mayer with the American Federation of State, County and Municipal Employees in support, but look forward to the continuing conversations around all the different redistricting bills.

  • Christophe Mayer

    Person

    Thanks.

  • Laurel Brodzinsky

    Person

    Laurel Brodzinsky with California Common Cause, also a tweener, strongly support the establishment of independent redistricting commissions, but have some amendments regarding the technical composition of the commission. Thank you.

  • Isaac Bryan

    Legislator

    Thanks so much. We'll now head to the phone lines. Is there anybody on the phone lines operator in support or opposition for this bill?

  • Committee Moderator

    Person

    Provide comment in support or opposition for AB 34, please press one, then zero. Line 41. 41, please go ahead and line 55. 55, your line is open. Line 25.

  • Unidentified Speaker

    Person

    This is Missy from Los Angeles County. I vehemently oppose AB 34.

  • Isaac Bryan

    Legislator

    Thank you.

  • Isaac Bryan

    Legislator

    Operator, is that it? Great. We're going to turn-

  • Committee Moderator

    Person

    No further comments. Thank you at this time.

  • Isaac Bryan

    Legislator

    Thank you so much. We're going to turn it back to Committee Members, any members of the Committee who wish to comment, questions, thoughts on this bill? Ms. Pellerin?

  • Gail Pellerin

    Legislator

    This is a great bill, and I definitely support the independent redistricting commissions. I'm just wondering whether you'd consider and whether the county would like to have, like, an elections official also be part of the process because they really know the lines of the county.

  • Avelino Valencia

    Legislator

    Really appreciate that feedback. We're definitely open to continued communication on how to better improve our electoral process. Thank you.

  • Gail Pellerin

    Legislator

    Something to explore?

  • Avelino Valencia

    Legislator

    Sure. Thank you.

  • Isaac Bryan

    Legislator

    Mr. Essayli.

  • Bill Essayli

    Legislator

    I just had two questions. Why just Orange County, not all counties?

  • Avelino Valencia

    Legislator

    My experience in Orange County is being reflected through this bill specifically. It's my understanding that there are other bills, movements in the legislative process that address this particular topic in a much larger scope across the state. But again, with my experience in Orange County, and just as a proactive measure, I felt it appropriate as Orange County Legislator to move this bill.

  • Bill Essayli

    Legislator

    Okay. And then I think we all like the concept of the independent commission, and I think the way it's done now for our seats is there has to be equal number of Republicans, Democrats and independents, and it requires a majority of each. But my understanding is the way this bill is written, it just requires the composition to be proportional, so there could be more of one party than another and that it only requires nine of the 14's approval.

  • Bill Essayli

    Legislator

    So theoretically, you could draw these lines without a single Republican vote or a single Democrat vote. So would you guys be willing to make it more parallel, kind of, with what we have for the statewide commissions?

  • Avelino Valencia

    Legislator

    As we addressed in my opening remarks, I'm definitely open to taking continued input on this and see how we can establish the process.

  • Bill Essayli

    Legislator

    I appreciate that. Thank you.

  • Isaac Bryan

    Legislator

    With that, Mr. Valencia, would you like to close?

  • Avelino Valencia

    Legislator

    Yes, sir. Thank you. AB 34 will put Orange County voters first by removing the inherent conflict of interest when county boards of supervisors are involved in decisions regarding redrawing political district lines. With that, I appreciate your time and respectfully ask for a yes vote. Thank you.

  • Isaac Bryan

    Legislator

    I really appreciate you bringing this. As you know, I'm a huge supporter of independent redistricting commissions.

  • Isaac Bryan

    Legislator

    We've seen success across the states and we've been piecemealing this county by county and pace by pace. As you know, I have a bill to do this statewide, and usually when that's the case, a bill like this would get sidelined. But the reason this is not being sidelined is because I know how important it is for you to represent Orange County and to make sure that whatever process goes forward, there's an independent process in Orange County. So thank you for your leadership.

  • Isaac Bryan

    Legislator

    Thank you for bringing this forward. Thank you for your willingness to work with the Committee staff, not just to get to this point, but going forward. With that, the chair is recommending an aye vote. Madam Secretary, can we call the roll? Do we have a motion? Second. Thank you, Ms. Pellerin and Ms. Rubio.

  • Committee Secretary

    Person

    The motion is due pass and be re-referred to the Committee on Local Government. [Roll call]

  • Isaac Bryan

    Legislator

    Yeah, that Bill is on call. Thank you both. Ms. Rubio, would you like to go? We'll do item number four, AB 334. You can begin when you're ready.

  • Blanca Rubio

    Legislator

    Thank you. Thank you, Mr. Chair and Members for the opportunity to present this morning. AB 334 would clarify existing conflict of interest statute, which was written and intended for the situation of public officials who hold a financial interest in any entity attempting to contract with the public agency for which the official is a decision maker. Since the code's inception, courts have expanded 1090 so it may apply to entities that contract with the public agencies under circumstances, in fact patterns that are murky at best.

  • Blanca Rubio

    Legislator

    The state must set clarity for public agencies when contracting with independent contractors on public projects that their normal historical contracting practices will not violate Code Section 1090. This Bill seeks to do so by adopting a two-part test laid out in case law and FPPC guidance, which is useful for determining whether or not a contracted entity performs services that amount to transacting on behalf of a public agency, in which case they are subject to government code 1090, the same as any public official.

  • Blanca Rubio

    Legislator

    Since statute has not kept up with the case law and the FPPC, ambiguity deter public agencies from utilizing contracted entities on more than one portion of the public project out of fear of unknowingly getting it wrong, incurring civil or even criminal penalties for any and all parties involved. For example, design professionals are being denied by public agency, even if they are the best, most qualified professionals for the public works projects.

  • Blanca Rubio

    Legislator

    This is despite the fact that state and local agencies are already required under state and federal statute to competitively select these professionals on the basis of qualifications. AB 334 seeks to restore clarity to public agencies so that these agencies may resume utilizing a contracted entity more than once in a single project without fear of being penalized or prosecuted. Ultimately, the public deserves the best, safest and more cost-effective, most cost-effective public works project.

  • Blanca Rubio

    Legislator

    It is the public who suffers when their projects are not able to be designed by the best, most qualified professionals. I have with me today, John Moffatt on behalf of the American Council of Engineering Companies of California and Matthew Duarte for the Association of Recreation and Park District in support. The FPPC is also here to answer any technical questions you may have. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. You may begin. Whatever order works for you.

  • John Moffatt

    Person

    Good morning, Mr. Chair and Members of the Committee. John Moffatt, on behalf of the American Council of Engineering Companies of California. We appreciate the staff work on this Bill. Appreciate the author bringing this Bill forward. I think the author outlined the current challenge well. A combination of previous case law, appropriate bills passed by the Legislature to increase penalties for 1090 violations have led to a situation where a local entity looking to build a project that has a contract or work on an early phase.

  • John Moffatt

    Person

    If they are looking to work on a later phase of the project, they've got two paths.

  • John Moffatt

    Person

    Either go to the FPPC and get an advice letter or kick that contractor out of the future of that project, which leads to, at times, has led to a lack of firms that can work on projects, stalling projects, slowing them down, or delay in moving a project forward because you've got to wait for the FPPCU is obviously very busy doing what they do to get that advice letter back to you so that you can move forward.

  • John Moffatt

    Person

    As the author stated, the Bill is intended to codify the test that the FPPC has developed through their advice letters and case law. We continue to work with the FPPC on getting this language right as it moves forward and commit to continue doing so as the Bill moves through the process.

  • Isaac Bryan

    Legislator

    Thank you.

  • Matthew Duarte

    Person

    Yes. Good morning, Mr. Chair and Committee Members. My name is Matthew Duarte. I'm the Executive Director for the California Association of Recreation and Park Districts. Our Association includes over 70 government agencies from throughout the state that deliver recreation and park services to Californians from all over. I'm here today to speak in support of Assembly Bill 334 and the much-needed improvements it brings to the public contracting process.

  • Matthew Duarte

    Person

    As public agencies, our foremost priority is to deliver infrastructure and public amenities that are of the highest quality and compliance with the exacting safety standards designed to protect the well-being of our constituents. And as a result, it is important that our projects are designed and constructed by the best and brightest professionals that California has to offer. And unfortunately, California law precludes our local government agencies from utilizing the services of the most qualified and most knowledgeable in certain phases of the project.

  • Matthew Duarte

    Person

    And I can address a myriad of examples where public sector has had to look to other different types of professionals or perhaps not utilize a firm that they had desired. For example, we had an engineering firm who was investigating erosion in the community on a local stream, and after identifying what would be a resolution, they weren't able to engage them to actually fix it.

  • Matthew Duarte

    Person

    So the designs of our public infrastructure are not IKEA step-by-step instructions, and we should not treat them as something that can be thoughtlessly handed off to the next person on the street with a hammer. These designs are highly technical documents and renderings that require the best and brightest to review, plan, and implement. So we appreciate your time and consideration, as well as the authors, and hope that you can continue to support AB 334.

  • Isaac Bryan

    Legislator

    Thank you. Do we have any primary witnesses in opposition? Seeing none. We'll now return it to the hearing room. Are there any persons in the hearing room who would like to register their support or opposition for AB 334?

  • Bret Gladfelty

    Person

    Good morning, Mr. Chair and Members. Bret Gladfelty, on behalf or with Apex Group, on behalf of the Associated General Contractors of California and the Associated General Contractors of San Diego, in strong support.

  • Alyssa Silhi

    Person

    Good morning. Alyssa Silhi, on behalf of the cities of Mountain View and Belmont, also in support.

  • Cyrus Stevers

    Person

    Good morning. Cyrus Stevers, with the Coachella Valley Water District, in strong support.

  • Damon Conklin

    Person

    Good morning, Member and Chairs. Damon Conklin with the League of California Cities, in strong support.

  • David Jones

    Person

    Good morning. David Jones, on behalf of San Marcos, in support.

  • Isaac Bryan

    Legislator

    Okay, operator, we're going to turn to the phone lines. Are there any witnesses on the phone line in support or opposition to this Bill, AB 334?

  • Committee Moderator

    Person

    Press one, then zero to provide comment in support or opposition for AB 334. One then zero. Line 54. Mr. Chair, line 54 has removed themselves from queue. There are no further comments.

  • Isaac Bryan

    Legislator

    Beautiful. We'll turn it to Committee Members, any Members of the Committee who want to speak on this Bill.

  • Blanca Rubio

    Legislator

    Thank you.

  • Isaac Bryan

    Legislator

    Motion by Essayli, second by Mr. Lackey. Ms. Rubio, would you like to close?

  • Blanca Rubio

    Legislator

    Thank you. I respectfully ask for an Aye vote.

  • Isaac Bryan

    Legislator

    Beautiful. In the last few years, FPPC has repeatedly been asked to issue advice on whether contractors who worked on preliminary stages of a project can continue to work on the project. The number of inquiries suggest that there's a problem with the law and that it could use more clarity. I trust the author's attempts to bring clarity to this and to continue to work with the opposition, including the FPPC. I have no doubt that you're going to get this right.

  • Isaac Bryan

    Legislator

    And so I am recommending an Aye vote. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass and be re-referred to the Committee on Appropriations. [Roll call].

  • Isaac Bryan

    Legislator

    That bill is out five-zero. Ms. Pellerin, would you like to go next? We'll move to item number three, AB 292, Pellerin.

  • Gail Pellerin

    Legislator

    Okay, what were we going to start with? 292? Good morning. Voters who register to vote without stating a political party are known as no party preference or NPP voters. When an NPP voter votes in a presidential primary of a political party that has authorized NPP voters to vote in its primary, this is known as crossover voting.

  • Gail Pellerin

    Legislator

    Many NPP voters do not realize that unless they request a partisan ballot, they will receive a ballot without the option to vote for the office of President during a presidential primary election. Despite the fact that county elections officials send notices to NPP voters advising them that they may request a partisan ballot from parties that have authorized it, many voters overlook these notices and do not inform the county elections official that they want a partisan ballot.

  • Gail Pellerin

    Legislator

    Since California now mails ballots to every registered voter, county elections officials are observing that many are waiting until close to or on election day to open that ballot and vote it. And that means that they will not realize that the office of President is missing from their ballot until close to or on election day.

  • Gail Pellerin

    Legislator

    For voters who are unable to go in person to obtain a replacement ballot, have missed the deadline to obtain a replacement ballot to be mailed to them, or cannot access remote voting, their ability and right to vote in the presidential election has been effectively removed. So AB 292 updates the Elections Code in two ways.

  • Gail Pellerin

    Legislator

    The first thing it does is update the prescribed format of the NPP notices and applications for parties and ballots by explicitly requiring that the notices contain a checkbox with the party printed on the card so the voter can easily check which party ballot they want to cross over and vote, and it is clear to the voter which political parties are offering that option.

  • Gail Pellerin

    Legislator

    In the event that an NPP voter does not respond to the mailed ballot notice or otherwise request a partisan ballot for the presidential primary election, AB 292 requires that a write-in space for President in the United States be printed on the NPP ballots. To comply with party rules, these MPP voters will also have to complete a form that will be included with the ballot that is exactly like the application mailed to voters for them to request that crossover ballot.

  • Gail Pellerin

    Legislator

    And when the voter returns those ballots on their ballot, there are best practices in place for ballot extraction that will preserve the secrecy of the voters ballot. AB 292 ensures that MPP voters can cross over vote on the ballot that they were mailed. This means that no voter will be disenfranchised because they forgot to request the partisan ballot and were unable to vote in person.

  • Gail Pellerin

    Legislator

    With me to testify in support today is Dora Rose, the Deputy Director of the League of Women Voters of California.

  • Dora Rose

    Person

    Morning Chair and Members. I am Dora Rose, Deputy Director with the League of Women Voters of California, here in support of AB 292. Our experience at the League has been that in every presidential primary election, many NPP voters are absolutely shocked to find that their ballot doesn't contain presidential primary candidates. They're not aware that registering without a party preference means that primary candidates won't be on their ballots. They're not aware that they may request a ballot for any party that allows for crossover voting.

  • Dora Rose

    Person

    The consternation and the confusion of these voters can and does lead to rumor-mongering, and it really feeds the public's trust, distrust in elections. Tweets start appearing that claim ballots have been manipulated. People call the press and they loudly insist that they've been cheated. This hullabaloo plays into a false narrative of election fraud that we need to vigilantly counter. The league does voter education every single cycle through a variety of means to alert voters of the consequences of registering without a party preference.

  • Dora Rose

    Person

    And we provide them with information as to how to get a ballot that contains the candidates that they want to choose and which parties allow for crossover voting. But education on these matters can only go so far. AB 292 is a proactive fix to the problem. It makes eminent sense for NPP voters to get info right in their ballots that let them vote their preference.

  • Dora Rose

    Person

    And it makes sense that the fix is coming from assemblymember Pellerin, a deeply respected registrar of voters with direct experience former registrar of voters with direct experience of the problem. One who worked hard during her tenure to improve California elections and continues to do so in her role as an Assembly Member. The League of Women Voters of California is in very strong support of AB 292. It would make our job a lot easier. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. Are there any primary witnesses in opposition? Seeing and hearing none. We're going to. Oh, hustle up. We got a tight schedule. Appreciate that.

  • Colleen Britton

    Person

    My name is Colleen Britton with Election Integrity Project California. We believe that AB 292 is unnecessary. There are already several ways that the no party preference voters are notified and to add another one would be an increase in tax and work for the registers.

  • Colleen Britton

    Person

    So particularly troubling is the section of AB 292 that states a voter who writes the name of the presidential candidate pursuant to Subsection B shall mark the box indicating the party's candidate for whom they voted and complete, sign, and return that document with the voter's ballot. This, we believe is a breach of the voter's right to secret ballot. It's not clear the procedures of separation of ballot and identifying information is designated.

  • Colleen Britton

    Person

    The Bill does not do this. So without the assurance that the ballot privacy the state has no right to impose requirement for the voters to disclose their ballot choices on any document that identifies the voter. This is a serious problem with the Bill that we believe. So if the state were to decide to place a right in space for the non-whatever it is. NPP voter, thank you.

  • Colleen Britton

    Person

    Whatever it is, with the ballot accompanying instructions regarding legal crossover voting, then it must also eliminate the redundant multiple mailings of notification and substitute ballots. Streamlining and simplifying the system which is mystifying to voters, time and labor-intensive for election offices, highly costly for the state is so much better than adding another layer of complexity such as more this move would save the tax hundreds and thousands of dollars. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. We'll return to the hearing room. Are there any persons in the hearing room who would like to register their support or opposition for this Bill?

  • Laurel Brodzinsky

    Person

    Laurel Brodzinsky with California Common Cause in support.

  • Vanessa Tillis

    Person

    Vanessa Tillis with Indivisible California State Strong in support.

  • Tricia Webber

    Person

    Tricia Weber on behalf of California Association of Clerk and Election Officials. We're in a support, if amended position.

  • Isaac Bryan

    Legislator

    Thank you so much. We're going to turn to the phone lines. Operator, is anybody on the phone lines who would like to register their support or opposition for this Bill?

  • Committee Moderator

    Person

    Provide comment in support or opposition for this Bill, please press one, then zero. Line 17, please go ahead.

  • Raj Faye

    Person

    Thank you, operator, and thank you Chair Bryan. This is Raj Faye with Change Begins With Me in strong support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much.

  • Committee Moderator

    Person

    Line 19.

  • Vicky Rankey

    Person

    Vicky Renkey, Calaveras County, oppose.

  • Committee Moderator

    Person

    Line 25.

  • Missy Unidentified

    Person

    Missy from Los Angeles County. I oppose AB 292.

  • Committee Moderator

    Person

    Line 13.

  • Marina Barolo

    Person

    This is Marina Barolo from L.A. County. I strongly oppose this Bill.

  • Committee Moderator

    Person

    Line 44.

  • Jeanette Felt

    Person

    This is Jeanette Felt, Sacramento County, and I oppose this Bill.

  • Committee Moderator

    Person

    Line 47. 47, please go ahead.

  • Lee Mantebury

    Person

    Lee Mantebury, Placer County Election Integrity Project California, in opposition to 292.

  • Committee Moderator

    Person

    Line 41.

  • Lawrence Basket

    Person

    Lawrence Basket in San Francisco, in support.

  • Committee Moderator

    Person

    Line 10.

  • Chris Foster

    Person

    Chris Foster, Orange County, opposed.

  • Committee Moderator

    Person

    Line 24.

  • Andy Miza

    Person

    Andy Miza, L.A. County, oppose it.

  • Committee Moderator

    Person

    Line 58.

  • Chensen Huang

    Person

    Chensen Huang, Santa Clara County. I oppose AB 292.

  • Committee Moderator

    Person

    Line 20.

  • Treg Wright

    Person

    Treg Wright, Los Angeles County with EIPCA. We oppose.

  • Committee Moderator

    Person

    Line 31.

  • Liz Luggy

    Person

    I strongly, my name is Liz Luggy, and I strongly oppose this Bill.

  • Committee Moderator

    Person

    Line number 12.

  • April Bean

    Person

    This is April Bean from Sacramento County, and I oppose AB 292.

  • Committee Moderator

    Person

    Line 26.

  • Nancy Latham

    Person

    This is Nancy Latham from Oakland and Indivisible East Bay, strongly support.

  • Committee Moderator

    Person

    Line 14.

  • Doreen Whitworth

    Person

    This is Doreen Whitworth, Madera County. I oppose AB 292.

  • Committee Moderator

    Person

    And line 71. 71, please go ahead. Line 71. Mr. Chair, there are no further comments in queue at this time.

  • Isaac Bryan

    Legislator

    Thank you. We're going to return it to Committee Members. Any Members of the Committee wishing to speak on this Bill? Seeing and hearing none. Ms. Pellerin, would you like to close?

  • Gail Pellerin

    Legislator

    I respectfully ask for your Aye vote.

  • Isaac Bryan

    Legislator

    Thank you so much. I know that there's a lot of concerns with NPPs, and I know that we want to make sure all voters get the ballots that they need, but also that the party has the things that they need to handle the delegate allocation. I know you're working through all parts of this, and I have complete confidence that you're going to get this right. Would like to see this move on today. It has an Aye recco. from the Chair. Madam Secretary.

  • Isaac Bryan

    Legislator

    Do we have a motion? Moved and seconded. Mr. Lee and Mr. Low. Can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass and be re-referred to the Committee on Appropriations. [Roll call].

  • Isaac Bryan

    Legislator

    That Bill is out five-zero. The Chair is going to take a little bit of personal privilege and move on to item 18, ACA 4, and item five, AB 421. Passing authority to my Vice Chair. Be nice, Mr. Lackey.

  • Tom Lackey

    Legislator

    It should be announced, too. This is a very important item, and the procedure is going to be unique in that we're going to have a concurrent presentation on both items. And so the callers who are concerned or in support need to be aware. This is probably the time to call in to address either your support or opposition for this very unique presentation. So this has to do about elections eligibility, and especially those who are in custody, in prison to be able to cast their vote.

  • Tom Lackey

    Legislator

    So you may proceed.

  • Isaac Bryan

    Legislator

    Thank you. Mr. Chair, I come before you today to present ACA 4 jointly with AB 1595. Because of their deeply connected and enactment condition. When we think about the history of disenfranchisement of voters in this country. We see a deep connection with our legacy of slavery. And when we think about felony disenfranchisement or the disenfranchisement of folks who are incarcerated, we saw the rise in states issuing those kinds of conditions in their constitution at the same time as emancipation.

  • Isaac Bryan

    Legislator

    Those same states and that same effort is leading voter suppression across this country right now. We are seeing voter ID laws. We are seeing duly elected, elected officials removed from their posts. We are seeing those same kinds of disenfranchisement mechanisms continue and expand. We are seeing a failure at the federal level to renew the Voting Rights Act, something that John Lewis spent his lifetime fighting for and passed away before we could move it forward.

  • Isaac Bryan

    Legislator

    This is not the way countries around the world do this, or even all of our states. We have states that have moved forward to believe that democracy includes everybody. Our neighbors to the north, Canada, allow everybody, including incarcerated peoples, to vote. We just went to San Quentin, where the Governor announced a new model of rehabilitation similar to the Norway Model. The Norwegian Model includes allowing everybody who's incarcerated to vote. Israel allows everybody who is incarcerated to vote.

  • Isaac Bryan

    Legislator

    On every continent around this world, there are developed countries who are leading and allowing everybody to vote. Incarcerated right now are parents of over 200,000 children in this state who can't vote for their State Superintendent. There are nearly 10,000 veterans who fought for our country, nearly lost their lives, came home, lost their economic instability, and like all who lose their economic instability, found themselves incarcerated and cannot vote in the same country that they fought for.

  • Isaac Bryan

    Legislator

    If we're talking about public safety in the states and places where people do vote incarcerated, and shortly thereafter, the likelihood of ever returning is dropped by 50%. In fact, if we cared about public safety, we would be providing civic engagement and requiring incarcerated people to participate in democracy and be a deep, connected part of the communities they came from and from which they will go back to. Democracy needs everybody.

  • Isaac Bryan

    Legislator

    What's special about this ACA is that we, as legislators, are actually not even making the decision about whether incarcerated people in California should be able to vote. All we are deciding is whether the voters of California who are currently eligible, who have not been disenfranchised, should have the opportunity to allow everybody to participate in our democracy. And I think that's the bare minimum that we can do. With me today is Rahsaan Thomas and Adriana Griffith from Initiate Justice, and I pass it to my expert witnesses.

  • Rahsaan Thomas

    Person

    Yes, thank you for giving me the opportunity to speak today. As he said, I'm Rahsaan Thomas, and I'm also the producer of Ear Hustle, the Executive Director of Empowerment Avenue, and I'm also the board member of Initiate Justice who came up with the concept of voting system impacted. And that led to Prop 17, which restored voting rights to people on parole. And now I'm back here to support ACA 4.

  • Rahsaan Thomas

    Person

    So that way, everybody in California will have the right to vote, because I think that no one should be taxed without representation. I myself was sentenced to 55 years to life. And I remember being in San Quentin State Prison with Juan Haines from San Quentin News. And we were on a prison yard, and we were holding a mock election in 2016.

  • Rahsaan Thomas

    Person

    And all we were giving out were these ballots for, like, these slips of paper with that, like, Donald Trump, Hillary Clinton, and a write-in candidate on it. And I ran across elderly men with tears in their eyes who never voted in their life and they took the election as so real. And as I sat there dealing with this, I realized how isolation makes us feel, like we're not part of society. I just want to ask.

  • Rahsaan Thomas

    Person

    There's no excuse for our crimes, and I'm truly sorry for all the harm we caused, and I caused personally. But how would you be if decades, after decades, after decades, you were treated like you are not American, like you are not a part of our society? To me, like he said, as an ignorant teen, I fought against my neighbors. And now, as a grown man, I realize I should have been fighting against racism. I should have been fighting against zip codes, zip codeing, redlining, employment discrimination.

  • Rahsaan Thomas

    Person

    My mom was a single parent. She needed gender equality to raise us better. Just all kinds of things through voting. I lost my right to vote at 19, but through a commutation, through Gavin Newsom, I'm home now. I came on February eighth. A week later, I registered to vote. It's one of the proudest moments of my life. And now I'm here to make sure that everybody in California gets that right to vote, too, especially people in prison.

  • Rahsaan Thomas

    Person

    I mean, of course, that's the only people left, because I believe that if everybody's included, we feel united. And if we're united, we're safe and stronger together. So in sum, just please vote Aye for ACA 4. Thank you.

  • Adriana Griffith

    Person

    Good morning, Chair and Committee Members. Thank you so much for having me this morning. My name is Adriana Griffith, and I'm a survivor of domestic violence and human trafficking. I'm also formerly incarcerated, and my experience of incarceration was a direct result of the violence and exploitation that I endured. As a survivor, I am pleased to speak today in support of ACA 4. For me, ACA 4 is about restoring the voices of community members who have been forgotten, silenced, and left behind.

  • Adriana Griffith

    Person

    And I knew all too well the feeling of having your voice silenced. The first time my voice was silenced was when I was experiencing abuse. The second time was when the State of California took it away and told me that I could no longer participate in the democratic process or have my voice heard when it came to matters that personally impacted me.

  • Adriana Griffith

    Person

    Although I had been a victim, the state labeled me as an inmate and thus took away my right to be viewed as a citizen and a whole person. Opponents of this Bill say it is insensitive to victims and survivors, but in my opinion, that cannot be farther from the truth. In fact, ACA 4 gives a group of survivors like myself, finally the opportunity to have their voices heard and count.

  • Adriana Griffith

    Person

    Being a survivor in prison is already hard because you are only seen as someone who caused harm. You're not seen as someone who experienced harm or as someone who cares about your community, but we do. With ACA 4, California has the opportunity to truly get behind all survivors and restore their democratic voice. You cannot claim to support survivors and stand with survivors if you continue to ignore survivor voices inside prison walls.

  • Adriana Griffith

    Person

    I respectfully urge this Committee to pass ACA 4 today and demonstrate a continued commitment to include all voices in this important process we call democracy. Thank you.

  • Tom Lackey

    Legislator

    Thank you. Do you have anybody else in the room that would like to speak in support? Just your name and position. Name and position only. Name of the organization and your position only, please. You may proceed.

  • Dora Rose

    Person

    League of Women Voters of California, co-sponsor in strong support. Thank you

  • Tom Lackey

    Legislator

    You need to stand close enough to the microphone so we can hear you, please.

  • Dora Rose

    Person

    Dora Rose, League of Women Voters of California, co sponsor and in strong support. Thank you.

  • Tom Lackey

    Legislator

    Thank you.

  • Taina Vargas

    Person

    Taina Vargas, Initiate Justice Action, co-sponsor in strong support of ACA 4 and AB 1595.

  • Shervin Aazami

    Person

    Shervin Azami, Initiate Justice Action, co-sponsor in strong support of ACA 4 and AB 1595.

  • Brittany Stonesifer

    Person

    Brittany Stonesifer for ACLU California Action, proud co-sponsor in support. Thank you.

  • Jay Hockley

    Person

    Jay Hockley Sr., Initiate Justice Action, proud co-sponsor in strong support of ACA 4.

  • Stephanie Mendez

    Person

    Stephanie Mendez, Initiate Justice Action, strong support of ACA 4.

  • Teresa Markham

    Person

    Teresa Markham, a member of Center of Employment of Opportunities. I'm in strong support of both.

  • Skye Allen

    Person

    Sky Allen with Inland Empire United, in strong support of both. Thank you.

  • Jamie Carper

    Person

    Jamie Carper. I'm a local attorney and a Member of ARC, Anti-Recidivism Coalition, and I'm in strong support of both bills.

  • Larry Abbott

    Person

    Larry Abbott, Initiate Justice Action, strong supporter of both bills.

  • Yolanda Navarrete

    Person

    Yolanda Navaretti, with Initiate Justice Action, in strong support of both bills.

  • Glenn Backes

    Person

    Good morning. Glenn Bacchus. I was asked by Natasha Minsk, Smart Justice, to enter their support. Thank you.

  • Abby Saleem

    Person

    Good morning. Abby Saleem with Empowering Women Impacted by Incarceration, in strong support for both. Thank you.

  • Angel Rice

    Person

    Angel Rice with Empowering Women Impacted by Incarceration and Initiate Justice, in strong support.

  • Gregory Fidel

    Person

    Good morning, Chair and Members. Gregory Fidel with Initiate Justice, proud co-sponsor in strong support.

  • Roberto Ramirez

    Person

    Good morning. Roberto Ramirez, Initiate Justice Action, proud co-sponsor in strong support.

  • Antoinette Ratcliffe

    Person

    Good morning. Antoinette Ratcliffe, Executive Director with Initiate Justice. proud co-sponsors in strong support of ACA 4 and its companion bill.

  • Roy Ballard

    Person

    Roy Ballard, Center for Employment Opportunities Advocacy Fellow and member of Initiate Justice in strong support.

  • DeAndre Benson

    Person

    Good morning. DeAndre Benson, CEO, in strong support of.

  • Richard Robinson

    Person

    Good morning, everyone. Richard Robinson, a member of CEO, in strong support of both.

  • Emiliano Lopez

    Person

    Good morning. My name is Emiliano Lopez with Initiate Justice Action and proud co-sponsor in strong support.

  • Veronica Carrizales

    Person

    Good morning. My name is Veronica Carrizales and I'm with California Calls, in strong support of both.

  • Tom Lackey

    Legislator

    Okay, thank you. Looks like we have more people, so we'll stand by. Please come to the microphone.

  • Jeronimo Aguilar

    Person

    Good morning, Chair and Members. My name is Jeronimo Aguilar, here on behalf of Legal Services for Prisoners with Children. Also here on behalf of All Of Us Or None, in strong support of ACA 4. Thank you for your time.

  • John Vasquez

    Person

    Good morning. John Vasquez, Policy Manager with Communities United for Restorative Justice, also formerly incarcerated, served 25 years. Strong support of ACA 4. Thank you.

  • Tatiana Lewis

    Person

    Good morning. My name is Tatiana Lewis, with Legal Services for Prisoners with Children, in strong support of ACA 4. Thank you.

  • Jules Vidania

    Person

    Good morning. My name is Jules Vidania, I'm a Member of ARC, Anti-Recidivism Coalition. I strongly support this Bill.

  • Taneicia Herring

    Person

    Good morning. Taneicia Herring, with the California Hawaii NAACP in strong support of ACA 4.

  • Lawrence Cox

    Person

    Good morning. Lawrence Cox, with Legal Services for Prisoners with Children in strong support.

  • Barbara Chavez

    Person

    Good morning. Barbara Chavez, with Legal Services for Prisoners with Children in strong support. Recently commuted for my LWOP sentence, serving 20 years plus. Thank you.

  • Daniel Unknown

    Person

    My name is Daniel, I'm part of the Anti-Recidivism Coalition and I'm in support of ACA 4.

  • Jack Castello

    Person

    My name is Jack Castello. I'm a Member of Anti-Recidivism Coalition and I'm in strong support of ACA 4.

  • Lewis Scott

    Person

    My name is Lewis Scott. I'm with the Anti-Recidivism Coalition and I'm in strong support of ACA 4.

  • Kamal Valadez

    Person

    My name is Kamal Valadez and I'm from ARC and I'm strong support of this Bill.

  • Jose Miranda

    Person

    Good morning, my name is Jose Miranda, I'm with ARC and I strongly support this Bill.

  • Elias Davila

    Person

    Good morning, my name is Elias Davila and I strongly support this ACA 4. Thank you.

  • Douglas Rodriguez

    Person

    Good morning, everybody. My name is Douglas Rodriguez, member of ARC. I'm here to support this Bill. Thanks.

  • Michael Mendoza

    Person

    Good morning, Committee. Michael Mendoza with ARC in strong support.

  • Marquise Nunez

    Person

    My name is Marquise Nunez with the Anti-Recidivism Coalition and I strongly support this Bill.

  • Aldeja Green

    Person

    My name is Aldeja Green. I'm from the Ella Baker Center for Human Rights and I'm in strong support of this Bill.

  • Thanh Tran

    Person

    Thanh Tran, Policy Associate, Ella Baker Center for Human Rights in strong support.

  • Lindsey Vogue

    Person

    Hi, I'm Lindsey Vogue and I'm also with the Ella Baker Center in strong support of this Bill.

  • Eric Smith

    Person

    Good morning. Eric Morrison Smith, Executive Director for the Alliance of Boys and Men of Color, in strong support.

  • Devonna Robertson

    Person

    Devona Robertson, parent organizers with congregations. Parent organizer, I'm sorry, with Congregations Organized for Prophetic Engagement in strong support.

  • Miquelle Unknown

    Person

    Michelle with Initiate Justice, directly impacted in strong support.

  • Crystal Unidentified

    Person

    Hi, I'm Crystal, System Impact with Initiate Justice, in strong support.

  • Danessa Tillis

    Person

    Danessa Tillis, with Indivisible California State Strong and For Courage California in strong support.

  • Kristin Nimmers

    Person

    Kristin Nimmers, California Black Power Network, co-sponsor, in strong support.

  • Alissa Moore

    Person

    Alyssa Moore, Legal Services for Prisoners with Children, All of Us or None Oakland Chapter, and survivor of CDC for 25 years, in strong support.

  • Christopher Washington

    Person

    And yes, good morning, my name is Christopher Washington and I'm from Initiate Justice and I'm in strong support of ACA 4 and its companion Bill.

  • Tom Lackey

    Legislator

    Okay, thank you. Do we have any witnesses in opposition? I think you're aware of the ground rules, so you may proceed.

  • Colleen Britton

    Person

    Okay, thank you.

  • Colleen Britton

    Person

    My name is Colleen Britton. I'm with Election Integrity Project California. Assemblyman Bryan says democracy is for everyone. He says that democracy thrives when everybody has a chance to have their voices heard by allowing those felons in prison the right to vote. EIPCA contends that their voices have been heard loudly and clearly by all society.

  • Colleen Britton

    Person

    And their message was that they have chosen to turn their backs on society, to show contempt and repugnance for their fellow human beings and the social construct by which we all live in harmony with one another. So democracy does not need everybody. It needs everybody who will, believes in democracy, who believes in the concept that everyone's voice is equal.

  • Colleen Britton

    Person

    Not those whose actions show that they believe that they are above the law, that they have the right to deprive others of theirs, including the right to live. Inmates currently in California are there for extremely violent, serious crimes. It's not shoplifting. These crimes include rape, murder, grand theft, threats with guns, human trafficking crimes too unimaginable to be mentioned. These felons will be serving sentences many years, many decades, sometimes life, without the possibility of parole.

  • Colleen Britton

    Person

    These felons have left in their wake poor decisions of antisocial behavior, multitudes of victims, friends, and families who will themselves serve a life sentence, PTSD, lack of trust, fear, haunting memories. Those people can never vote. It is those victims whose rights Election Integrity Project California advocates for in opposing ACA 4. Those are the decisions of voters make for themselves, either directly or through whom they elect and represent. Those are the choices that people who live in society make.

  • Colleen Britton

    Person

    Those whose antisocial behavior has landed them behind prison bars and stripped them of the right to determine their coming and going and their daily lives should never be granted the privilege to have a voice in the lives of law-abiding members of society, particularly their victims, while they're still serving in their sentence. That's part of their sentence. There's justice. Voting is a privilege and not an absolute right of citizenship. Losing the right to vote as an incarcerated felon is part of paying the debt to society.

  • Colleen Britton

    Person

    This is not an issue of disenfranchisement because felons are being treated equally and losing their right to vote while incarcerated. Upon serving their sentence, felons equally can have their rights restored.

  • Colleen Britton

    Person

    In 2010, the 9th Circuit Court of Seattle, they made the following, the Secretary of State made the statement, we absolutely believe in civil rights and will continue to work toward equality in the criminal justice system. But at the same time, we firmly believe that it is appropriate and reasonable for society to deny voting rights to people who commit serious crimes. This has been the law in our state since 1866, and nearly to people who commit serious crimes.

  • Colleen Britton

    Person

    This has been the law. Okay. Whoops. Sorry about that.

  • Colleen Britton

    Person

    Every state in America has this sensible policy. There's clearly no discrimination intent. Also, I would add that adding voting by mail in a prison situation, because it's so controlled, creates additional unintended consequences of creating possibilities for mischievous ballot harvesting, ballot manipulation. They're tightly controlled situation in there, and the privacy of vote may or may not be able to be possible. So Election Integrity Project California recommends a No vote on this and the accompanying Bill. Thank you.

  • Tom Lackey

    Legislator

    Thank you. Do you have any persons in the room that would like to voice their objection? Seeing none. Okay, Committee, it's back to phones. Okay, I guess we can do that now. Okay, we'll now go to the phones. If you'd like to express your support or opposition. Now is your opportunity to do just that. Operator, can we go to the phone lines, please? Operator, are you there?

  • Committee Moderator

    Person

    Please press one, then zero to provide comments in support or opposition. Line 54, please go ahead. Line 36.

  • Jennifer Tanner

    Person

    Jennifer Tanner, on behalf of Indivisible California State Strong. We support both bills. I'd like to thank Assemblyman Bryan for keeping remote me toos for inclusive democracy and hope all Assembly Committee Chairs follow his great lead. Thank you

  • Tom Lackey

    Legislator

    Okay. Just please express your name and then support or opposition. No narrative is allowed at this point. Thank you. Please proceed.

  • Committee Moderator

    Person

    Line 25.

  • Missy Unidentified

    Person

    Missy from Los Angeles County. I strongly oppose ACA 4 and AB 1539.

  • Committee Moderator

    Person

    84.

  • Taylor Hughes

    Person

    Good morning, my name is Taylor Hughes. I'm with Initiate Justice Action and I'm simultaneously a law-abiding citizen. And we strongly support ACA 4 and its companion Bill, AB 1595.

  • Committee Moderator

    Person

    85.

  • MJ King

    Person

    Good morning. This is MJ King with Initiate Justice Action in strong support of ACA 4 and its companion Bill, AB 1595.

  • Committee Moderator

    Person

    86.

  • Eric Harris

    Person

    Good morning, Chair and Members. Eric Harris, Disability Rights California, strong support.

  • Committee Moderator

    Person

    88.

  • Sophia Candel

    Person

    Sophia Candel with Initiate Justice Action in strong support of ACA 4 and its companion, AB 1595.

  • Committee Moderator

    Person

    90.

  • James Lindburg

    Person

    Lindburg, on behalf of the Friends Committee on Legislation of California, in strong support.

  • Committee Moderator

    Person

    Line 93.

  • Sasha Feldstein

    Person

    Hi, my name is Sasha Feldstein with California Immigrant Policy Center. In strong, strong support of ACA Four and its companion Bill, AB 1595. Thank you.

  • Committee Moderator

    Person

    Line 96.

  • Brett Shears

    Person

    Brett Shears, in strong support. Brett Shears, in strong support of ACA 4.

  • Committee Moderator

    Person

    Line 97.

  • Dorothy Cardenas

    Person

    Hi, I'm Dorothy Cardenas with Initiative Justice Action, in strong support of ACA four and it's companion bill AB 1595.

  • Committee Moderator

    Person

    Line 17.

  • Raj Faye

    Person

    Thank you, operator. Raj Faye with Change Begins with Me, in strong support for both bills. Thank you.

  • Committee Moderator

    Person

    35.

  • Sietse Goffard

    Person

    Hi, Sietse Goffard with Asian America's Advancing Justice Asian Law Caucus, we strongly support ACA four and its companion bill AB 1595. Thank you.

  • Committee Moderator

    Person

    Line 105.

  • April Grayson

    Person

    Good morning, this is April Grayson with the Sister Word Freedom Coalition Policy Associate, in strong support of ACA 4 and AB 1595.

  • Committee Moderator

    Person

    79.

  • Efrain Ortiz

    Person

    Good morning. My name is Efrain Ortiz with Initiate Justice and a formerly incarcerated person, in strong support of ACA 4 and its companion bill AB 1595. Thank you.

  • Committee Moderator

    Person

    Line 54.

  • Irma Cooper

    Person

    my name is Irma Cooper, I'm with Initiate Justice and I strongly support AC 4 and its companion bill AB 1595. Thank you.

  • Committee Moderator

    Person

    line 110.

  • Ivana Gonzalez

    Person

    Hi, my name is Ivana Gonzalez with Legal Services for Prisoners with Children, LSBC, and Alafa Sernan, in strong support of ACA 4.

  • Committee Moderator

    Person

    120.

  • Ahmanise Sanati

    Person

    Hello, this is Ahmanise Sanati. I'm calling with NASW, National Association of Social Workers and I am in strong support of ACA 4 and AB 1595. Thank you.

  • Committee Moderator

    Person

    118.

  • Kayla Asato

    Person

    Hello, my name is Kayla Asato. I am with Orange County Environments and Justice and we are in strong support of ACA 4 and AB 1595.

  • Committee Moderator

    Person

    122.

  • Jesse Burleson

    Person

    Hi, my name is Jesse Clyde Burleson. I'm the in custody program coordinator at Legal Services for Prisoners with Children, in strong support of ACA four and AB 1595.

  • Committee Moderator

    Person

    124.

  • Joshua DuBay

    Person

    Joshua DuBay, on behalf of the California Attorneys for Criminal Justice and Exonerated Nation in support of both ACA 4 and AB 1595, thank you.

  • Committee Moderator

    Person

    125.

  • Taqua Bonner

    Person

    Good morning. My name is Taqwaa Bonner. I'm the housing advocate for All of Us or None, which is the project of Legal Services for Prison with Children. I'm in strong support of ACA 4. Thank you.

  • Committee Moderator

    Person

    Line 19.

  • Vicky Rankey

    Person

    Vicky Rankey, Calaveras County, strongly in opposition.

  • Committee Moderator

    Person

    Line 13.

  • Unidentified Speaker

    Person

    Myrna from LA County. I strongly oppose ACA 4 and AB 1595. Thank you.

  • Committee Moderator

    Person

    Line 98.

  • Betty Toto

    Person

    Yes, hi, this is Betty Toto from Field of Burn, San Fernando Valley and also an elected member of the LA County Democratic Party Central Committee. I am in strong support of AC 4 and AB 1595. Thank you.

  • Committee Moderator

    Person

    47.

  • Linda Hennigan

    Person

    Hello, this is Linda Hennigan, Palo Alto, Santa Clara, California, in strong support of ACA 4 and AB 1595. Thank you.

  • Lee Mantebari

    Person

    Lee Mantebari in opposition to ACA 4 and 1595.

  • Committee Moderator

    Person

    75.

  • Committee Moderator

    Person

    Line 26.

  • Nancy Latham

    Person

    Nancy Latham with Indivisible East Bay, strongly, strongly support both bills.

  • Committee Moderator

    Person

    59.

  • Leah Pressman

    Person

    Hello, this is Leah Pressman. I represent the Culver City Democratic Club, who voted in support. Thank you.

  • Committee Moderator

    Person

    24.

  • Unidentified Speaker

    Person

    This is Andy from LA County. Strongly oppose both ACA 4 and AB 1595.

  • Committee Moderator

    Person

    28.

  • Billion Gaston

    Person

    Yeah, this is Billion Gatson with the Africa Town Coalition and we strongly support ACA 4 and AB 1595.

  • Committee Moderator

    Person

    10.

  • Chris Foster

    Person

    This is Chris Foster from Orange County, I strongly oppose both bills. ACA 4, AB 1595.

  • Committee Moderator

    Person

    92.

  • Isabel Storey

    Person

    This is Isabel Storey. I am representing Santa Monica Democratic Club and Indivisible West Los Angeles, in strong support of ACA 4 and AB 1595.

  • Committee Moderator

    Person

    16.

  • Lily Katanski

    Person

    This is Lily Katanski with National Association of Social Workers, the California chapter, and we support those bills.

  • Committee Moderator

    Person

    20.

  • Treg Wright

    Person

    This is Greg Wright, Los Angeles County with EAPCA. We strongly, strongly oppose.

  • Committee Moderator

    Person

    58.

  • Chensen Huang

    Person

    This is Chensen Huang from Santa Carla, County. I strongly oppose ACA 4 and AB 1595.

  • Committee Moderator

    Person

    44.

  • Jeanette Feltz

    Person

    Jeanette Feltz, Sacramento County, strongly oppose ACA 4 and AB 1595.

  • Committee Moderator

    Person

    Line 12.

  • April Bean

    Person

    This is April Bean from Sacramento County, and I strongly oppose AB 4 and 1595. Thank you.

  • Committee Moderator

    Person

    Line 108.

  • Tanisha Cannon

    Person

    Good morning, this is Tanisha Cannon with Legal Services for Prisoners with Children and a member of All of Us or None, and I strongly support both bills.

  • Committee Moderator

    Person

    121.

  • Karen Powers

    Person

    Yes, this is Karen Powers, and I'm calling for Election Integrity Project, and I speak in opposition to those bills.

  • Committee Moderator

    Person

    119.

  • Fanny Lee

    Person

    Hi, my name is Fanny Lee and I strongly oppose ACA 4 and AB 1595.

  • Committee Moderator

    Person

    78.

  • Andrew Crockett

    Person

    Hello, I'm Andrew Crockett, resident of San Jose, California, and Member of the California Democratic Central Committee, expressing my personal strong support of ACA 4.

  • Committee Moderator

    Person

    Line 101.

  • Randy Hicks

    Person

    Randy Hicks, California Judiciary Rights in support of both bills. Thank you.

  • Committee Moderator

    Person

    130.

  • Unidentified Speaker

    Person

    This is Kyokotakayama diva, more indivisible. I strongly support both bill. Thank you.

  • Committee Moderator

    Person

    129.

  • Jade Coron

    Person

    Hello. This is Jade Coron, and I am with the California Coalition for Women Prisoners, and we strongly support ACA 4 and the companion bill, AB 195. Thank you.

  • Committee Moderator

    Person

    132.

  • Dana Lura

    Person

    Hi, this is Dana Lura from Fresno, California. I'm with Justice Fuel, and I strongly support ACA 4 and AB 1595. Thank you.

  • Committee Moderator

    Person

    139. 139. Please go ahead. There are no further comments in queue at this time.

  • Tom Lackey

    Legislator

    Okay, we'll then come back to Committee. Are there any comments that want to be made? Assemblymember Lee.

  • Alex Lee

    Legislator

    I think this is of course, a sensible step in achieving universal suffrage and making sure that our democracy looks like everyone. That means everyone needs to be able to vote. I would love to be added as a co author to both measures. Chip Ryan, if possible. And of course, I move to support the bill.

  • Tom Lackey

    Legislator

    Thank you. Yes, Ms. Pellerin.

  • Gail Pellerin

    Legislator

    So thank you for bringing this forward today. And as a former county clerk, I actually have done a lot of voter outreach in county jails. And I was always very impressed with the desire to vote and the dedication to the folks that were incarcerated to participate and exercise their right to vote. I have to admit, I've had some struggles with this bill.

  • Gail Pellerin

    Legislator

    But I have come to the conclusion that it is unconstitutional to limit a fundamental right on the basis of a criteria that is not relevant to the exercise of that right and which has a discriminatory impact. So I will continue discussions with my colleague, but I am in a place today where I will be supporting this bill. Thank you.

  • Tom Lackey

    Legislator

    Yes, Senator Essayli, you may go.

  • Bill Essayli

    Legislator

    Thank you. I respect my colleagues. I'm going to have to respectfully disagree on this one. What I'm concerned about is we live in a society. We have a social contract. And when you break our social contracts, you commit a serious crime that sends you to prison. There are consequences for that. You lose your right to a firearm, to own a firearm. You lose your right to vote. You lose your right to hold office. There are consequences.

  • Bill Essayli

    Legislator

    And we already allow felons who've completed their debt to society to restore their right to vote. I personally don't believe that if you are still in debt to society and you're not yet reformed, why you should have your ability to vote given back to you. The Supreme Court has upheld this as constitutional. You do lose constitutional rights when you commit serious crimes. So I'm just worried we're going down this path where we are taking consequences away for committing crimes.

  • Bill Essayli

    Legislator

    I believe there's a lack of respect for the rule of law. You can see that in some of our cities now where crimes on the rise. So I understand where the author is coming from, but I think people should repay their debt before they get their right to vote back. So I'll have to respectfully oppose the bill. But thank you.

  • Isaac Bryan

    Legislator

    I am just grateful that you recognize that voting is a right and not a privilege. Appreciate your comments.

  • Bill Essayli

    Legislator

    Well, it's a right that you lose when you commit a crime. So you do lose constitutional rights. Do we want to restore felons ability to have the second amendment rights? They're firearms. We have to look at these in context.

  • Isaac Bryan

    Legislator

    Yeah. And you talked about breaking the social contract. And I would argue that there are many components of the social contract that were not designed with everybody at the table to begin with. And as was mentioned by the opposition, this particular part of California's social contract was designed in 1866. So I can tell you many folks who were not included in that construction of this social contract, you lose your liberty, and accountability takes full place in the criminal legal system.

  • Isaac Bryan

    Legislator

    We actually allow for many real privileges that I would argue are also rights, like education, like job training, like skilling up for people who are incarcerated, because we know that well over 95% of the people who are incarcerated are coming home at some point. But what's being shown is that participating in democracy could have an outsized effect over even all of those things. And so I find us quite hypocritical when we talk about rehabilitation, but then play politics with what we've both agreed are rights.

  • Tom Lackey

    Legislator

    I'd like to talk about something that really isn't politics. It has to do with the silenced voice of victims. When we talk about silenced voice, victims are an important part of a consideration in our judicial process and justice. We talk about a lot of terms relating to justice. What about these people who have lost their life or have their lives altered permanently? Permanently? We don't talk about them. And I think that's an imbalance. I think it's unfair.

  • Tom Lackey

    Legislator

    For 28 years as a California Highway Patrol person, I was on the front lines rescuing victims from tragedy. Now, here in the state Legislature, I have to fight to make sure victims are not forgotten in this chamber. As Vice Chair of the Assembly Committee on elections, I'm staunchly opposed to this particular measure because prisoners should not be voting from their cells. I believe in the bipartisan way our body has worked together to reform our criminal justice system, like full reintegration and building valuable skills.

  • Tom Lackey

    Legislator

    But voting from a cell is a step too far in the wrong direction, because it completely, completely ignores the fact that they chose to commit a crime, often a very serious crime, like armed robbery, rape, and even the worst murder. When you're in prison for a felony, you're paying your debt to society. criminal acts should have consequences. Behavior speaks, and that needs not be ignored. Voting is a sacred privilege and not an absolute right of citizenship. That's where we differ on this particular matter.

  • Tom Lackey

    Legislator

    And I know debate is healthy and disagreement needs to be addressed. But I would just tell you that why should we allow felons the right to make a decision on who the sheriff, District Attorney, and judges who arrested and prosecuted and put these people into custody? Why should violent criminals who have shown a blatant disregard for our laws be part of the decision making process of our society? They have self excluded themselves through their behavior. Behavior speaks Proposition 17.

  • Tom Lackey

    Legislator

    In 2020, passed with 58% of the vote. People have already weighed in on allowing people on parole for felony convictions to vote. I believe that's where the line should be drawn. We do believe that this is not a permanent thing unless your actions spoke loud enough to deny you that privilege and you self excluded yourself. And that's my position on this. And I won't be able to support this particular proposal.

  • Tom Lackey

    Legislator

    But I think debate is helpful and we need to not hate people that have differences of opinion. And I hope that we can allow our motion to be tempered and we can have this healthy debate that is void of hate, because, darn it, we're not doing a good job of that. So let's please not hate those who have differing opinions. And this is a very visceral discussion. This is a very, very emotional discussion because people are impacted very, very deeply on this kind of discussion.

  • Tom Lackey

    Legislator

    So I appreciate everybody's temperament, and I appreciate the good conduct that's been displayed during this very important discussion. So I'll allow the author to continue and close if you wish. I'm sorry, if I might. Yes, you may proceed.

  • Evan Low

    Person

    Thank you very much. We are fortunate to have an electionist chair who shares in the recognition of expanding voter access and voter rights just out of the gate. It's important to best recognize, and similarly, with respect to those who have come and come to the state capitol to help exercise your voice, is very important to each and every one of us to see the progress that has been made.

  • Evan Low

    Person

    At the same time, I do want to make reference that the Vice Chair of this committee is a decent human being and is a good man. He's an absolute good man with a big heart, and there are elements of his comments to which I also agree with in terms of making sure that we reflect a diverse viewpoint with respect of those who have been impacted in this regard. And this is a challenging time for us. And back to my comments to the chair.

  • Evan Low

    Person

    He has forced this conversation for us to acknowledge some of the important things that we need to address with expanding voter access and voter rights in our democracy. I authored legislation and put, along with former assemblymember Kevin Mullen, a constitutional amendment to allow 17 and a half year olds to vote that was on the California ballot for election, and that failed. But that has been in the spirit of expanding voter access and voting rights, too.

  • Evan Low

    Person

    Where we are today with the vote before us is to put a measure before the voters to decide. And while I also have similar concerns, this is the policy Committee in which we help to address this issue and hopefully seeing this move forward for further discussion and, frankly, an honest conversation to allow for others outside of this committee room to have honest conversations and debate on this notion of access, this notion of redemption, and what an equitable society looks like while understanding constitutionality and provisions.

  • Evan Low

    Person

    So, with that said, I'll second the motion as well of support, because it merits further conversation. I thank those who are on various sides to help understand the importance of the dialogue that is required of this and looking at from a lens of expanding access.

  • Isaac Bryan

    Legislator

    Thank you. And with respect to the chair, he and I have a great relationship, and we have a deep, mutual respect on many hard conversations that we have at least twice a week. And it is nothing but love and respect, because this hard work takes everybody in the same way this hard work takes everybody. I believe our broader democracy takes everybody.

  • Isaac Bryan

    Legislator

    I also find it interesting that the new line that we talk about with Prop 17 being an appropriate threshold, as was mentioned, was not supported by the same folks who mentioned it now being an appropriate line. And so there is a lot of work that we do together to push the needle on these conversations with respect to voting being a privilege. We did not fight for the Voting Privileges Act. Martin Luther King didn't die for that. Fannie Lou Hamer didn't give her life to that.

  • Isaac Bryan

    Legislator

    John Lewis didn't spend his lifetime fighting for the Voting Privileges act. We fought for voting rights. And voting rights are only rights if they are endowed to all citizens of our country, not just the ones who haven't grown up in communities that were left out of the social contract, communities that have lower life expectancies, fewer schools, lower public health infrastructures, higher environmental hazards.

  • Isaac Bryan

    Legislator

    And the only public civic infrastructure that we're willing to constantly invest in is law enforcement in those communities, which is why they are disproportionately impacted by mass incarceration and then subsequently disenfranchised from participating in the very same system that ultimately led to their subjugation. So we have a long conversation to go, and I'm glad the conversation is happening here in the Legislature, and I think it needs to happen with the voters more broadly. This isn't our decision. This is their decision.

  • Isaac Bryan

    Legislator

    And I respectfully ask for your aye vote.

  • Tom Lackey

    Legislator

    Okay. So for clarification, because we have this concurrent circumstance here, I need to clarify who made the initial motion for AB 1595, and that would be Assembly Member Lee and seconded by Assemblymember Low. Okay. Madam Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is be adopted and re referred to the Committee on appropriations. [Roll Call]. That's out: five to two.

  • Tom Lackey

    Legislator

    Okay. Is there any objection to substituting the motion, the second and the roll call vote from AB 1595 for ACA 4? If there is no objection, it is so ordered. Thank you. We'll allow for a few moments to clear the roommate.

  • Tom Lackey

    Legislator

    Television: There's a reason why we're in delay right now. There's just been a large number of people impacted by this boat, and the Chair has temporarily stepped out to try to bring order and control. And so it'll be a few moments, probably, before we're back in operation. Please bear with us.

  • Tom Lackey

    Legislator

    You may proceed. You have several. The rumor is that you have several bills. I don't know which one you want to address now, but we'll be happy to go there.

  • Isaac Bryan

    Legislator

    We'd like to do AB 421 and then move on with the rest of the agenda, and I'll do mine at the remainder at the end of the committee if that's okay with the Chair.

  • Tom Lackey

    Legislator

    Very good. AB 421. You may proceed, sir.

  • Isaac Bryan

    Legislator

    Good morning, Mr. Chair and colleagues. I'm here to present AB 421. 421 looks at our direct participatory democracy process and seeks to strengthen it and engage voters in a way that is honest and true to the foundations of why these processes were created over 100 years ago. Currently, we are seeing our referendum process subverted and abused in a way that manipulates voters, where the incentive is to lie to voters, where the current structure allows for the stopping of duly appointed work here in the legislature -

  • Isaac Bryan

    Legislator

    - without true voter engagement. But instead, a concentrated collection of special interests. That have decided that their will supersedes the will of the legislature, and the efforts to confuse voters even further wre supreme above laws that protect and advance justice in our communities - opportunity in our communities. The process right now allows for paid signature gatherers who are not trained at the level of other signature gatherers, including for ballot measures. It allows for ballot measures to act like referendums and undo the work of the legislature -

  • Isaac Bryan

    Legislator

    - without the same rules and constraints as the current referendum process. It also allows for the funders of the referendum process to be hidden in the process so that voters who are lied to about what a measure does don't know who is paying to lie to them and confuse them. And even more foundationally, the yes or no question on the referendum is in itself confusing. Where a yes or no repeals or doesn't repeal the law.

  • Isaac Bryan

    Legislator

    I can actually bet that many members of this committee don't know what a yes does or a no does on the referendum, whether it keeps the law or repeals the law. We need to clarify that for voters. All of these things are measured steps to make the process more honest, more fair, more transparent in a way that protects the voice of voters more largely. There's a lot of work that's gone into this thus far. There's a lot of work that's going to go into this -

  • Isaac Bryan

    Legislator

    - going further. With me to testify today are Terry Brennand from SCIU and...

  • Isaac Bryan

    Legislator

    From California Calls.

  • Terry Brennand

    Person

    Veronica Carrizales

  • Tom Lackey

    Legislator

    I'm going to defer to Veronica Forrest, if that's okay.

  • Veronica Carrizales

    Person

    Great. Thank you. Good morning, Mr. Chair and committee members. My name is Veronica Carrizales. And I'm the Vice President of Policy and External Affairs for California calls. California Calls is a statewide alliance of grassroots, community-based organizations dedicated to amplifying the voices of low-income communities of color in the electoral and legislative process. I'm here today to address what we see as a growing threat to our democracy: the corporate abuse of our referendum process.

  • Veronica Carrizales

    Person

    Our referendum process is being abused by wealthy corporate interests because working-class communities have more power in our government than ever before. The legislature looks more and more like communities we represent. In 1990, there were only 16 state legislators who were people of color. Today, more than half of the majority caucus and nearly half of the legislative caucus are composed of people of color. The change is visible not only in who we see in power but in the decisions that are made here in the capitol.

  • Veronica Carrizales

    Person

    Working-class communities of color have worked hard to develop a growing voice here in Sacramento, as seen here today. And we've been fighting for workers' rights, tenants' rights, clean air and water in our communities, and educational equity. Most of our most challenging efforts to bring justice to our communities involve fights that threaten the monetary interest of extremely wealthy and powerful industries like the oil, plastic, tobacco, and fast food industries.

  • Veronica Carrizales

    Person

    When we organize neighbor-to-neighbor in our communities for years or even decades, we do sometimes win. But too often, these victories are short-lived. That's because corporations have developed a playbook to fortify and protect their power by abusing our referendum process. Fast food giants, big oil, tobacco, and other corporate interests should not have the power to take away our community's voices in an instant by writing large texts to fund deceptive, cynical campaigns to overturn the laws that we fought for.

  • Veronica Carrizales

    Person

    They can do this because our current referendum process has been taken over by corporate interest. This was not what was intended. I'm here today to ask for your vote in support of common sense reforms that give voters the tools to make good decisions. Vote a to empower California voters and return the power to the people. Thank you for your time.

  • Isaac Bryan

    Legislator

    Thank you. You may proceed.

  • Terry Brennand

    Person

    Chair and Members, Terry Brennand, on behalf of SCIU California. SCIU is a member of Empower California Voters. Over a hundred organizations dedicated to fulfilling the true intention of California's referendum process. I just want to speak a little bit to the public support for this. There was a poll, statewide poll from Binder Research that found out only 4% of voters rightfully knew there were no restrictions on signature gathering or the placement of ballot initiatives. Whether referendum or initiative.

  • Terry Brennand

    Person

    77% of the voters think it makes sense to require a volunteer threshold. The median amount in that poll was 59%. This bill requires a 10% volunteer threshold. At least nine out of 10 voters supported some or all of the provisions in this bill, including revoking the licensure of a signature-gathering firm that's repeatedly found to be deceptive, requiring top funders in support of initiative on the ballot proposition and on the signature gathering and support and opposition on the actual ballot.

  • Terry Brennand

    Person

    Simplifying the questions so that you know it's a vote to secure a law or maintain a law or a vote to repeal a law as opposed to strictly a yes or no question. 88% of voters supported the referendum should be listed on each page of the petition to overturn the law so that they know exactly what it is they're signing for and voting for. We're proposing long overdue reforms. This bill has been around since 1911. That's over 100 years.

  • Terry Brennand

    Person

    And we'd like to return some transparency and democracy to the system and return it to the voters of California. For that reason, we're in support. I thank the consultant for the analysis. There will be several ongoing conversations about perfecting this. I think we intended to remove Section 29 of the bill that is causing confusion about implementation. So, going forward, we'll continue those discussions. Thank you.

  • Tom Lackey

    Legislator

    Thank you. Do you have any other people in the room that like to express their support for this measure? Name and organization, please. And your position?

  • Nicole Kurian

    Person

    Nicole Kurian, with California's Against Waste and support. I've also been asked to express the support of California Environmental Voters and Voices For Progress. Thank you.

  • Tom Lackey

    Legislator

    Thank you.

  • Glenn Backes

    Person

    Glenn Backes expressing the support of Smart Justice California.

  • Jessica Hay

    Person

    Jessica Hay, California School Employees Association, in support

  • Aldazia Green

    Person

    Aldazia Green from the Ella Baker Center for Human Rights and strong support.

  • Megan Whitman

    Person

    I'm Dr. Megan Whitman. I'm here on behalf of the Los Angeles, San Francisco Bay Area, and Sacramento chapters of Physicians for Social Responsibility, who together represent thousands of healthcare workers across the state.

  • Sakereh Carter

    Person

    Sakereh Carter, on behalf of Sierra Club California, in strong support. Thank you.

  • Miriam Eide

    Person

    Miriam Eide: Fossil Free California in strong support.

  • Lilia Espana

    Person

    [Foreign Language] Thank you.

  • Marina Ariaga

    Person

    My name is Marina Ariaga, and I'm a Little Caesars Worker in the city of Carmichael and I'm a member of Fight for 15, and I'm here speaking in strong support of AB 421. Thank you.

  • Jose Hernandez

    Person

    [Foreign Language]

  • Unidentified Speaker

    Person

    [Foreign Language]

  • Tom Lackey

    Legislator

    Okay, just name an organization. Ma'am. I'm sorry. Thank you.

  • Alejandra Ramírez-Zárate

    Person

    Alejandra Ramirez-Zarate, OC Action, strong support of AB 421. Thank you.

  • Joan Cardellino

    Person

    Joan Cardellino, member of Indivisible East Bay, in support of AB 421.

  • Francisco Torre

    Person

    My name is Francisco De La Torre, and I'm speaking on behalf of Service Employees International Union Local 2015 in support of AB 421. Thank you,

  • Tom Lackey

    Legislator

    Thank you.

  • Ben Smith

    Person

    Good morning. Chair and committee, Ben Smith. On behalf of Greenpeace USA, speaking in strong support of AB 421. And I was asked to speak in support from the Center for Biological Diversity in support of AB 421. Thank you.

  • Tom Lackey

    Legislator

    Thank you.

  • Brittany Stonesifer

    Person

    Good morning. Brittany Stonesifer, ACLU California Action, and support. Thank you.

  • Tom Lackey

    Legislator

    Thank you.

  • Greg Fidell

    Person

    Good morning. Gregory Fidell with Initiate Justice, strong support.

  • Doug Subers

    Person

    Good morning, Mr. Chair and Members. Doug Subers, on behalf of the California State University Employees Union and the California Professional Firefighters in support.

  • Sara Flocks

    Person

    Mr. Chair and Members: Sara Flocks, California Labor Federation, in support. Also speaking for Smart Transportation Division in support. Thank you.

  • D'Artagnan Byrd

    Person

    Good morning. Chair and Members: D'Artagnan Bird on behalf of the American Federation for State, County, and Municipal Employees in support of AB 421.

  • Tom Lackey

    Legislator

    Thank you.

  • Raquel Mason

    Person

    Good morning. Raquel Mason with the California Environmental Justice Alliance in strong support. Thank you.

  • Danessa Tillis

    Person

    Good morning. Danessa Tillis for Indivisible California State Strong and strong support of AB 421.

  • David Garcia

    Person

    My name is David Garcia. I'm a crew member at Chipotle and in Oakland. And I'm a member of Fight for 15. I'm here in support for AB 421.

  • Teresa Orozco

    Person

    [Foreign Language]

  • Anna Rivera

    Person

    [Foreign Language]

  • Imol Bates

    Person

    Good morning. My name is Imol Bates. I'm a public school teacher in the Bay Area, and I'm in support of AB 421. Thank you.

  • Yuliana Matta

    Person

    Good morning. Yuliana Matta with the Orange County Civic Engagement Table, and I'm in strong support of AB 421.

  • Irene Kao

    Person

    Good morning. Irene Kao, with Courage California, here to express our strong support for AB 421. Thank you.

  • Tom Lackey

    Legislator

    Okay, do we have any witnesses in opposition. Such.

  • Tom Lackey

    Legislator

    Yes. You may proceed.

  • Kelly Jensen

    Person

    Thank you, Mr. Vice Chair and Members: Kelly Jensen. On behalf of the California Chamber of Commerce, in respectful but strong opposition to the bill. This bill, in short, seeks to gut the more than 100-year-old system of direct democracy here in California.

  • Kelly Jensen

    Person

    Eliminating Californian's ability to express their position on major state policy strips the voters of one of their fundamental rights and what has been a long hallmark of our state that makes it so unique. In the last 100 years, there have only been 33 referenda to go before the voters. That is around 1% of bills passed in this state. Of course, none of these measures triggered calls to reform our ballot initiative process.

  • Kelly Jensen

    Person

    There's a good quote I read recently about the California initiative system quote, "When elected officials don't take action on the issues that matter to us, ballot initiatives are a great way for people to make change. We believe in the power of initiatives to hold people accountable." You know who said this? SCIU. It's on their website titled Ballot Initiatives. They work. So, if the sponsors of the measure say that ballot initiatives work, why are they trying to get rid of them?

  • Kelly Jensen

    Person

    There's four major issues that we have identified. The first one, this bill, dramatically changes the petition itself that is used to gather signatures. While signature gatherers are currently required to carry a list of top contributors to a referendum or initiative, an update that the top donors change. This information would now have to be printed on the petition and need to be updated constantly.

  • Kelly Jensen

    Person

    This would require signature gatherers to come off the street, print new petitions, and then, after a few days, be able to get back to signature collection. The bill also creates a new class of hybrid initiatives, which are initiatives that relate to legislation. In the past two years, these initiatives would have their qualifying time cut in half from 180 days to 90 days. So not only do we have the petition problem, we also have less time for the signature gatherers to do their work.

  • Kelly Jensen

    Person

    The measure also changes the traditional yes-no framing of the initiative to say that voters could either keep the law or overturn it. Proponents claim that voters are confused by the current system. However, over the last 100 years, 16 of the referendum were supported by voters, and 17 were overturned, a nearly 50-50 outcome. It's clear that voters understand what they are voting on. Finally, the bill provides a provision that 10% of the signatures must be gathered by volunteers.

  • Kelly Jensen

    Person

    Of course, labor unions and nonprofit organizations would be exempt from this piece. This provision, or one similar to this, have already been vetoed five different times over the past 20 years by three different governors. For all these reasons and more, we are strongly opposed to this measure. I have here Kirk Oneto, which can speak to some of the implementation and practicality issues.

  • Tom Lackey

    Legislator

    And if you would just keep your remarks as brief as possible, that would be appreciated. Thank you.

  • Kirk Oneto

    Person

    Yes, happy to do that. Kirk Oneto: I'm an attorney at Nielsen Merksamer. I do specialize in direct democracy work. The problems with this bill are numerous, but I'll focus on a few of them. The petition requirements that are one-sided; they only apply to petitions for measures that take a position that's disagreeable to the government. The requirements on those are probably impossible to comply with.

  • Kirk Oneto

    Person

    The bill requires more information to be printed on the signature page on a petition than can physically fit on the petition page. So it really attempts to set up a series of impossible hurdles that cannot be cleared, that will silence voters more than empowering them. The very purpose of direct democracy is for voters to be able to speak when they disagree with the government, and that's exactly what this bill challenges.

  • Kirk Oneto

    Person

    Another serious problem is this is the first time in California history where a bill would disenfranchise voters for minor technicalities. Typically, the standard is that if a petition in the petitioning process substantially complies the election laws, the votes count. We're a pro-voter, pro-count, vote state in this bill. It sets up requirements for technicalities where if someone's not wearing a badge and there's no evidence and no proof of fraud or misrepresentation, the signatures on that petition will still be invalidated.

  • Kirk Oneto

    Person

    We've never done that before in California. We've never denied voters a right to participate in democracy on technicalities. Paperwork errors when there's not proof and not even evidence necessarily of fraud or misrepresentation, that would be a first, and it would be contrary to all of California's election laws and how we empower voters in this state.

  • Kirk Oneto

    Person

    Thank you.

  • Tom Lackey

    Legislator

    Thank you very much. Any persons in the room who would like to express their opposition, please state your name, organization, and position. Thank you.

  • Matthew Allen

    Person

    Good morning. Matthew Allen with Western Growers Association and respectful opposition. Thank you.

  • Robert Spiegel

    Person

    Good morning, Members. Rob Spiegel, California Manufacturers and Technology Association, also in opposition.

  • Robert Gonzalez

    Person

    Thank you. Good morning, Members and Chair. My name is Robert Gonzalez, with Cruz Strategies. On behalf of the California Business Properties Association in respectful opposition. Thank you.

  • Colleen Britton

    Person

    Colleen Britton with Election Integrity Project California in opposition. Thank you.

  • Dale Parks

    Person

    Dale Parks of Discovery Positions; respectfully in opposition. Thank you.

  • Tom Lackey

    Legislator

    Thank you. We'll now go to the phones. Operator, if we have anybody that would like to express their either support or opposition, this is their opportunity to do so. This is Assembly Bill 421.

  • Committee Moderator

    Person

    Again, press 10 if you have not already. We'll go first to line 144. Please go ahead.

  • Valerie Ventre-Hutton

    Person

    Good morning. Valerie Ventre-Hutton, 350 Bay Area Action in very strong support.

  • Committee Moderator

    Person

    Line 118, please go ahead.

  • Kayla Asato

    Person

    Hello, this is Kayla Asato with Orange County Environmental Justice, also a resident of AD 68, in very strong support.

  • Committee Moderator

    Person

    Line 123, please go ahead. 123 lines open. You might be muted.

  • Juan Hernandez

    Person

    Hello?

  • Committee Moderator

    Person

    Go ahead.

  • Juan Hernandez

    Person

    This is Juan Carlos on behalf of InnerCity Struggle. We are in strong support.

  • Committee Moderator

    Person

    Line 161, go ahead, please. 161, you're open. You might be muted. Please go ahead. Line 159. 159, please go ahead.

  • Jeanette Feltz

    Person

    My name is Jeanette Feltz, Sacramento County, and I oppose this bill.

  • Committee Moderator

    Person

    Line 101. Go ahead, please.

  • Randy Hicks

    Person

    Randy Hicks, California Disability Rights, and strong support. Thank you.

  • Committee Moderator

    Person

    Line 39. Go ahead.

  • Sarah Pollo Moo

    Person

    Good morning. Sarah Pollo Moo with the California Retailers Association. Respectfully opposed.

  • Committee Moderator

    Person

    Line 121. Go ahead.

  • Karen Powers

    Person

    Good morning. Karen Powers with Election Integrity Project California speaking in opposition.

  • Committee Moderator

    Person

    Line 17. Go ahead, please.

  • Wash Bay

    Person

    Sorry. Thank you. Wash Bay with Change Begins With Me: in strong support of AB 421. Thank you.

  • Committee Moderator

    Person

    Line 25, please go ahead.

  • Unidentified Speaker

    Person

    Missy. In LA County, I absolutely oppose AB 421.

  • Committee Moderator

    Person

    Line 112, go ahead, please.

  • Natalie Boust

    Person

    Good morning. Natalie Boust, on behalf of the California Business Roundtable, in opposition.

  • Committee Moderator

    Person

    Line 13, please go ahead.

  • Unidentified Speaker

    Person

    Marina from LA County. I oppose AB 421. Thank you.

  • Committee Moderator

    Person

    And line 47, go ahead.

  • Lehman Berry

    Person

    Lehman Berry with Election Integrity Project California, Placer County, in opposition to 421. Thank you.

  • Committee Moderator

    Person

    Line 26. Go ahead.

  • Nancy Latham

    Person

    Nancy Latham with Indivisible East Bay, strongly, strongly support AB 421. Thank you.

  • Committee Moderator

    Person

    Next is line 119. Go ahead, 119. You're open. You might be muted on your end. Please check.

  • Unidentified Speaker

    Person

    Hi, I'm Fanny. We are residents of San Bernardino, county, and I am strongly opposed. AB 421.

  • Committee Moderator

    Person

    Line 141, go ahead, please.

  • Leah Pressman

    Person

    I'm sorry. Is it 141?

  • Committee Moderator

    Person

    Yes, ma'am. Go ahead, please. We can hear you.

  • Leah Pressman

    Person

    This is Leah Pressman, representing the Culver City Democratic Club in strong support of AB 421.

  • Committee Moderator

    Person

    Line 166, please go ahead.

  • Celi Tamayo

    Person

    Hi, thank you, Chair and Members. My name is Celi Tamayo, and I'm calling in strong support of AB 421 on behalf of San Francisco Rising. Thank you.

  • Committee Moderator

    Person

    Line 24, please go ahead.

  • Andy Miza

    Person

    This is Andy Miza from LA County with EIPCA. I strongly oppose AB 421.

  • Committee Moderator

    Person

    Line 154. 1-5-4. Go ahead, please.

  • Teja Stephens

    Person

    Good morning, Mr. Chair and members of the committee, Teja Stephens, on behalf of Catalyst California, in strong support.

  • Committee Moderator

    Person

    Line 58. Line 58, go ahead, please.

  • Champ Huang

    Person

    This is Champ Huang from Santa Clara County. I strongly oppose AB 421.

  • Committee Moderator

    Person

    Line 127, go ahead, please.

  • Jennifer Cardinas

    Person

    Hi, this is Jennifer Cardinas with Election Integrity Project California, and I strongly oppose AB 421. Thank you.

  • Committee Moderator

    Person

    Line number 10. Go ahead.

  • Chris Foster

    Person

    Chris Foster, Orange County, strongly opposed this bill. Thank you.

  • Committee Moderator

    Person

    Line 20. Go ahead.

  • Treg Wright

    Person

    Treg Wright, Los Angeles County with EIPCA, strongly opposed.

  • Committee Moderator

    Person

    Line 31. Go ahead.

  • Committee Moderator

    Person

    It 31, you're open. Check your mute button. See if you're muted on your side. There you go.

  • Unidentified Speaker

    Person

    Yes, I'm sorry. Okay. My name is Liz. I'm with Sacramento County and I am strongly opposed to this bill.

  • Committee Moderator

    Person

    Line 153. 153, go ahead.

  • Ted Womack

    Person

    Hi, my name is Ted Womack and I'm calling in support of AB 421 with Alliance San Diego.

  • Committee Moderator

    Person

    And line 62, go ahead.

  • Noe Garcia

    Person

    Hi, good morning. Noe Garcia. And I'm calling in strong support of AB 421 on behalf of the Dolores Huerta Foundation.

  • Committee Moderator

    Person

    Line 48, go ahead.

  • P. Thomas

    Person

    Good morning, Mr. Chair Members. P. Anthony Thomas, with all respect to the outstanding author, CBIA in opposition to AB 421.

  • Committee Moderator

    Person

    Line 117, go ahead, please.

  • Unidentified Speaker

    Person

    Hi, this is Alexandra in Los Angeles registering our strong support for AB 421.

  • Committee Moderator

    Person

    Line 172, go ahead.

  • Angelita Vasquez

    Person

    Angelita Vasquez, Santa Clara County. Strong support. AB 421.

  • Committee Moderator

    Person

    Line 136, go ahead. 136, you're open. Check your mute button, please.

  • Unidentified Speaker

    Person

    Yes. Vicky, Calaveras County, in strong opposition.

  • Committee Moderator

    Person

    And line 173, go ahead, please.

  • Jennifer Tanner

    Person

    Jennifer Tanner, on behalf of indivisible California State Strong, in strong support.

  • Committee Moderator

    Person

    And the queue is now clear.

  • Tom Lackey

    Legislator

    Okay, do we have any committee members that have any questions or comments they'd like to make? Yes, Mr. Essayli, go ahead.

  • Bill Essayli

    Legislator

    Thank you, Mr. Chair. Just a couple of questions for the sponsors here. You said that a lot of these referendums or initiatives, they're confusing to the voters. Can you tell me which ones you're referring to?

  • Isaac Bryan

    Legislator

    Respectfully, this is my bill. But I appreciate the sponsors being a part of this. The opposition witness said that there were 16 referendums that were supported, 17 overturned. What does that mean to you?

  • Bill Essayli

    Legislator

    What does it mean to me?

  • Isaac Bryan

    Legislator

    Yeah, 17 referendum were overturned.

  • Bill Essayli

    Legislator

    Overturned. That means that the public disagreed with the decisions of the Legislature.

  • Isaac Bryan

    Legislator

    Wrong. It means that the referendum to stop was overturned and the law was affirmed. That's my point.

  • Bill Essayli

    Legislator

    Okay, so can you give me examples of which laws we're talking about that the voters?

  • Isaac Bryan

    Legislator

    Respectfully, I think I just made the point pretty clear and we made it together.

  • Bill Essayli

    Legislator

    Okay, so when voters approved the law for the gas tax, do you think they got it wrong?

  • Isaac Bryan

    Legislator

    I think that the question itself and the way a referendum is worded is inherently confusing, even for those of us with advanced degrees, law degrees, and elected positions where we make these laws. When you ask whether a referendum is to be affirmed or overturned, and the answer is the opposite of whether the law is affirmed or overturned, that is confusing. It's confusing in the Elections Committee and it's damn confusing to everyday voters.

  • Bill Essayli

    Legislator

    Okay, why don't we just change the wording on the ballot? But what I'm worried about here is we're making it harder to even.

  • Isaac Bryan

    Legislator

    That's what we're doing.

  • Bill Essayli

    Legislator

    No, we're making it harder to put it on the ballot. That's the concern. Yes, we are. You're lowering the days from 180 to 90 to collect signatures. You're putting onerous requirements on the people who are able to collect signatures. You're requiring 10% to be collected by volunteers unless they're a union worker. So let's not play politics here. It's very obvious that one side here is very upset that the people have exercised their power to overturn laws that are very harmful, very harmful to the public.

  • Bill Essayli

    Legislator

    When you are instituting $25 hours minimum wage on fast food, that means that the price of food for the public is going up and they're suffering. So, yes, they are going to overturn that, and they have the absolute right to do that. But to sit here and pretend that this is about democracy and protecting voters is wrong. This is about securing the power of the supermajority in the Legislature.

  • Bill Essayli

    Legislator

    And, yes, some people argue we do have tyranny of supermajority in Tennessee, and there should be checks on that. We have tyranny here, too, and the check is the people. So, no, I disagree, respectfully, with my colleague. I very much respect my colleague, but I disagree. I think this is raw political power and politics. I also think that this is unconstitutional. I think it violates the right to free speech, freedom of association, and the equal protection clause. And if this is somehow signed into law, I hope that there will be a referendum to repeal it. So with that, I yield back. Thank you, Mr. Chair.

  • Tom Lackey

    Legislator

    I would just like to ditto those remarks, and that's probably not surprising to the author, but that is well stated by Mr. Essayli. I appreciate those expressed opinions and viewpoints. You may close. Oh, I'm sorry, Mr. Lee. You may go.

  • Alex Lee

    Legislator

    I just want to say I speak in strong support as a proud co-author of this measure. It's very common sense to me that, look, even when we talk about a confusion that just happened, we want the language to be much more transparent and accessible to voters. So even if it is the case, we want it to be clearly that if you want to overturn a law, you should have the right to vote to do so. Right? If you don't, you want to keep it. You want to keep it.

  • Alex Lee

    Legislator

    I mean, this is not rocket science in the sense that obviously we had a know, stay or go out vote measure that happened in the United Kingdom. Right. People clearly said stay or leave. Right. And they did the same thing. So we should have laws in the same way if we want transparency. Additionally, why I'm excited about this measure is about the volunteer requirement.

  • Alex Lee

    Legislator

    I think voters across California, or residents across California are probably used to the very annoying fact that they get accosted outside of their grocery store or someone, that someone is bounty hunting basically for signatures. Right? But if something truly is on the ballot, whether it be a recall or a ballot referendum, they want it to be the true will of people, not just sponsored by corporations.

  • Alex Lee

    Legislator

    And I find the argument that it would make ballot referendums just only available for the wealthiest special interests kind of funny and ironic since look, two measures that we just passed in the Legislature last year are now going up for referendum. And within 180 days, special interest, corporate special interests put two measures. One, to prevent us from, to prevent us from preventing oil wells from being sighted near schools, to prevent us from protecting fast food workers. They dropped $20 million each in that.

  • Alex Lee

    Legislator

    So it's like, you guys have the money to spare. I mean, you can keep doing this if you really want to, but I find it disingenuous in that aspect because we want our process to be more reflective of the voters. And I think this is what we're going towards. And I really commend the Chair for putting this forward. It's a big, bold reform and we need it. And just because it's worked for 100 years doesn't mean it doesn't need updating after 100 years. Thank you.

  • Tom Lackey

    Legislator

    You may close.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Chair. I would argue that most things that are over 100 years old need to have a new conversation, and I'm also open to a negotiating table. I have a lot of respect for my friends at the chamber. We received a letter of opposition not even a week ago. I'm willing to have a conversation about those 90 days because I think there's a genuine conversation.

  • Isaac Bryan

    Legislator

    And I've expressed that to my sponsors, that there is a difference between pausing a law from September to January, which is the 90 day window, and a ballot measure that acts like a referendum but doesn't stop a law that's already been enacted. But we haven't met at the table to have the conversations because we weren't approached until less than a week ago.

  • Isaac Bryan

    Legislator

    This is the first policy committee for an important piece of legislation that has many, many different components to it that I think are all worthy of discussion. And I think the debate here, even on the dais has shown even for members of the Legislature, there are parts of the referendum process that are deeply confusing.

  • Isaac Bryan

    Legislator

    I would respectfully ask for your aye vote not because I think this is perfect today, but because it has many more policy hearings to go through and many more conversations that I'm willing to have with any and all stakeholders to get this to the place that it needs to be. I respectfully ask your aye vote.

  • Tom Lackey

    Legislator

    Okay, we have a first and a second. Madam Secretary, call the roll, please.

  • Committee Secretary

    Person

    [Roll Call]

  • Tom Lackey

    Legislator

    Okay, that measures on call. It's going to be back. Ms. Pellerin, would you like to present?

  • Gail Pellerin

    Legislator

    Okay. All right, do I have a second? All right, my witness is coming up. Yay. So thank you, Chair and Members. A voting system cannot be used in a California election unless it has been both federally qualified and certified by the California Secretary of State and the federal government. Yeah, the federal government as well. There are four voting systems that have met both federal and state standards in California. A voting system includes the electronic voting hardware and software, including voting machines and tabulators.

  • Gail Pellerin

    Legislator

    These voting systems and their contracts are expensive and not easily instated or changed. For instance, in my district, the County of Santa Clara has an annual lease payment of $1.7 million. In January of this year, the Shasta County Board of Supervisors terminated their voting system contract and left the county without a state certified, federally qualified voting system. And we are now just 11 months away from a presidential primary election.

  • Gail Pellerin

    Legislator

    Hastily terminated voting system contracts results in high costs and uncertainties concerning how elections officials will run their upcoming elections. As each voting system has unique features, election staff and volunteers will have to be retrained and a new voter information materials will need to be produced. What AB 969 does is simple. It prevents a county Board of Supervisors from terminating an existing voting systems contract without having a replacement contract in place and ready to go.

  • Gail Pellerin

    Legislator

    This simple language ensures that a county elections official will know what voting system they will be using in advance of the upcoming elections and will help minimize the disruptive nature of transitioning from one voting system to another. This bill also ensures that there will be a voting system in place so voters are not disenfranchised. And I have a round of applause already. To be clear, this bill does not prevent a county Board of Supervisors from deciding to terminate a voting system contract. That is their right.

  • Gail Pellerin

    Legislator

    It simply requires that they must have a replacement system ready to go. With me to testify in support is Joanna... How do you say your last name? Francescut, thank you. And the Shasta County Assistant County Clerk, Registrar of Voters and Tricia Webber, representing the California Association of Clerks and Election Officials.

  • Joanna Francescut

    Person

    Thank you. Chair and Committee, I am Joanna Francescut. I'm the Assistant County Clerk and Register of Voters for Shasta County. I appreciate your time today as I share our story and why this bill is important to protect voters and ensure elections officials in California can conduct free, fair, and accurate elections. That is what the law requires and what voters deserve. Before I dive down into my experience, I want to understand how elections are conducted locally, nationally, and traditionally throughout the United States. Elections offices are under resourced and staff are spread thin due to inconsistent federal funding.

  • Joanna Francescut

    Person

    California has recently provided funding to secure updated systems and equipment, and our office has benefited with updated technologies including vote by mail ballot sorter and e-poll books. These tools have enhanced services we have provided to voters. This lack of consistent funding from the federal government means that California election laws and voting systems provide the Board of Supervisors the ability to approve a contract, a right they deserve as monies are pulled directly from the General Fund and the budget they supervise.

  • Joanna Francescut

    Person

    California elections code also requires use of certified voting technology to create ballots and aggregate results. This voting technology is the framework of how elections in California are conducted. A voting system helps us count thousands of paper ballots each election officially and accurately. These tools ensure that those with visual, physical, cognitive disabilities can independently cast their vote. From the viewpoints of elections official, this system is a strong foundation and the base foundation of how the administration of election is conducted.

  • Joanna Francescut

    Person

    On January 24, 2023 the Shasta County Board of Supervisor Advisors voted to cancel the current contract for our lease voting equipment with Dominion Voting Systems. This was supposed to be effective after the March 7 special primary election. This action was taken with little regard to the financial burden it places on our community, knowledge about the county procurement processes, and with no plan of action to install new voting equipment and technology, and without any input from the Elections Department and the elected County Clerk Registrar of Voters, Cathy Darling Allen, who's currently on her fifth term of office.

  • Joanna Francescut

    Person

    Immediately after that decision, our office started to work, and we created a plan to replace the voting system and secure a contract prior to that March 7, 2023 election. In this attempt to inform the public, we held an open house and then presented options to the Board of Supervisors on February 28.

  • Joanna Francescut

    Person

    Our office presented the agenda item to recommend the board select a voting system or vote to rescind the cancellation of the Dominion agreement, and instead the board voted to explore hand counting options of paper ballots. During this exploration, we met with two board members and in the county administration team and county council to review the possibility of the manual tally and provide options.

  • Joanna Francescut

    Person

    These board members brought in individuals they regarded as experts to discuss how voting machines are not accurate and how hand counting is more efficient than machine tabulation. While that discussion was ongoing, Cathy and I worked around the clock to analyze California elections law and determine if a manual tally is achievable. While meeting established deadlines of statewide elections on. March 28, we attempted to request once again for them to select a voting system.

  • Joanna Francescut

    Person

    Instead, the Board voted to direct staff to establish a procedure for the manual taliy of ballots, select either ES&S or Hart to provide the voting equipment to meet state and federal laws regarding voting with access for voters with disability, and then to submit a plan to the Secretary of State for approval for use at the County's next election. This direction did not provide our Department with the ability to procure a contract for all needed components of the voting system to conduct even a manual tally again.

  • Joanna Francescut

    Person

    The next week, at a special board meeting on April 6, our department once again requested the board to select the voting system and the board voted unanimously to put Hart as the new vendor of voting equipment and services in the county.

  • Joanna Francescut

    Person

    While we are grateful the Board selected a vendor that will allow us to create ballots and serve our voters with disabilities and prior to the cancellation of the Dominion System contract we have in place, our office is rushing to ensure this contract is negotiated and the equipment is placed prior to a special election that we're going to have on November 7, 2023. This is not our government business. This is not how government business should be conducted. Selecting a voting system vendor is a large project.

  • Joanna Francescut

    Person

    At minimum, the selection should follow best standards of county procurement process and not completed within a few months and, if possible, not on the heels of the presidential primary election. California voters deserve to know that their votes will be counted and their voices will be heard.

  • Joanna Francescut

    Person

    This proposed law will allow local elections officials who are committed to the highest standard of accuracy to replace a voting system in a way that ensures there is a system in place and to provide the expected services of an elections department in California. The experts that conduct elections have full input and say of the process if it's not rushed through and made with hasty decisions.

  • Joanna Francescut

    Person

    Without a voting system in place to create ballots and audit the results of a manual tally, the election officials cannot have an accurate election, and that is unacceptable. No county registrar or elected appointment or elected registrar should be without a voting system contract. I appreciate your time and listening to our experience and I hope this bill will be supported.

  • Tom Lackey

    Legislator

    Okay. Do we have another witness? Please, be brief. You kind of went to the five minute limit there.

  • Tricia Webber

    Person

    No worries. Hi, my name is Tricia Webber. I'm here on behalf of the California Association of Clerk and Election Officials. I guess I just want to reiterate that a voting system is not just what is the machine that we would tabulate votes on and then audit later. A voting system is the entire process from start to finish. It is integral for creating ballots and what ballots can be created.

  • Tricia Webber

    Person

    It's integral on making the audio systems for anyone who needs to hear the ballot in audio or spoken. It also creates the ballot marking devices to help people independently and privately mark their ballot, which is, again, still on paper, as California only requires paper. It also is part of what your Voter Guide looks like. It's how you do your outreach. It's when you send out notices to your voters and instructions.

  • Tricia Webber

    Person

    And so we need time in order to create those, to make those, and to educate the voters on what the voting system is. So having a voting system in place and having a new voting system, if you're changing it so you have the lead time is very necessary for a good election. Thank you.

  • Tom Lackey

    Legislator

    Thank you. Do you have any other witnesses who would like to express their support for AB 969?

  • D'Artagnan Byrd

    Person

    D'Artagnan Byrd on behalf of the American Federation of State County Municipal Employees. We don't have a formal position right now, but we are moving towards support. So thank you.

  • Tom Lackey

    Legislator

    Thank you. Do we have any witnesses in opposition? Like to express their opposition? Looks like zero. Okay, we'll now go to the phones. Operator, do we have anybody that would like to express their support or opposition for AB 969?

  • Committee Secretary

    Person

    Currently not in the queue. Ladies and gentlemen, if you'd like to express support or opposition for 969 over the phone, please press 1-0 at this time. And one moment. We do have a couple that are loading up for us. We'll go first to line 25. Please, go ahead.

  • Unidentified Speaker

    Person

    Thank you. This is Missy from LA County. I strongly oppose the punitive AB 969.

  • Committee Secretary

    Person

    Next will be line 31. Go ahead, please.

  • Liz Loggy

    Person

    Yes, my name is Liz Loggy, Sacramento County. And I am in strong opposition to the bill.

  • Committee Secretary

    Person

    Line 121, please go ahead.

  • Karen Powers

    Person

    Hello, my name is Karen Powers. I'm speaking for myself. I live in Solano County. I would like to express opposition to this bill, because I feel that...

  • Tom Lackey

    Legislator

    Okay, just name and position, I'm sorry.

  • Karen Powers

    Person

    But could be used as a stall tactic. Thank you for your time.

  • Committee Secretary

    Person

    At this time, we have no additional callers in queue.

  • Tom Lackey

    Legislator

    Okay. Thank you. Committee Members, any questions or comments?

  • Bill Essayli

    Legislator

    I just want to say I appreciate the author and where you're coming from. Just for me, philosophically, I don't think we should be micromanaging local jurisdictions. So that's my only hesitation with the bill, is that the Supervisors there, they're accountable to the voters there. So the voters aren't happy with how they're running it, then they should deal with it. So that's my only concern about. It's more of a philosophical thing. But I appreciate the author and the concerns that are brought with the disruptions of canceling these contracts. Thank you.

  • Tom Lackey

    Legislator

    Ms. Pellerin, you may close.

  • Gail Pellerin

    Legislator

    Yeah. This is a bill that supports voters and makes sure that they are not left without a voting system. And I respectfully ask for your aye vote.

  • Tom Lackey

    Legislator

    Do we have a motion? We have a motion and a second. Madam Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass. [Roll Call]

  • Tom Lackey

    Legislator

    That bill will remain on call till we get the full vote.

  • Gail Pellerin

    Legislator

    Thank you so much.

  • Isaac Bryan

    Legislator

    Mr. Berman, you got two bills before us move to item number 10 and item number 13.

  • Marc Berman

    Legislator

    Thank you, Mr. Chair. I'll do my best to make them fast. That's a good, great start. You all don't even know which bill it is. Which one do you want to move? 1037. Dear Mr. Chair and colleagues, during my tenure in the Legislature, we have taken numerous steps to ensure that voting in California is both secure and more accessible to voters.

  • Marc Berman

    Legislator

    However, vote by mail ballot related signature issues still result in far too many invalidated ballots. A report from USC's Center for Inclusive Democracy, studying data from the 2020 election, noted that missing and mismatched signatures are a primary driver for rejecting vote by mail ballots. In 2020, signature issues were responsible for nearly 77% of rejected ballots. The study also found that signature issues more significantly impacted Latino and Asian American voters, as well as our youngest voters.

  • Marc Berman

    Legislator

    AB 1037 would provide one more tool to assist California voters if the elections official determines that the signature on the vote-by-mail ballot envelope does not match the signature on file, or if the identification envelope does not contain a signature. Specifically, the bill authorizes a county elections official to offer the option for a voter to cure the signature problem electronically.

  • Marc Berman

    Legislator

    Colorado and Nevada have successfully utilized a text-to-cure process whereby a voter can address a missing signature or signature mismatch via text or similar technology. While the bill would look to add another option for voters, the text return method does not short-circuit the important review and verification process by the Registrar of Voters.

  • Marc Berman

    Legislator

    I'd respectfully request an aye vote and I'm pleased to be joined, I hope, today by Tricia Webber, the Santa Cruz County Registrar of Voters on behalf of the California Association of Clerks and Elections Officials. Perfect. I hope you knew that you were coming up. Well, there we go. To answer technical questions if necessary.

  • Tricia Webber

    Person

    Thank you. Thank you.

  • Marc Berman

    Legislator

    Done.

  • Tricia Webber

    Person

    Hi, Tricia Webber, California Association of Clerk and Election Officials, legislative co-chair. I also want to mention that this is just, and Assemblymember Berman said it very nicely. This is just another option of a way to notify voters and allow them to have a return via text where they would go on to a form.

  • Tricia Webber

    Person

    There would still be a signature done with your finger on your phone or your iPad or however you wish to send it, and then it would come back to us and we would still do the signature verification as we do with it being returned via mail, being dropped off, emailed, et cetera. So it's just another way to return a cure letter.

  • Isaac Bryan

    Legislator

    Thank you so much. Are there any primary witnesses in opposition? Sing none. We'll turn it to people in the hearing room. If you'd like to register your support or opposition to this bill, step up to the mic. Thank you, Ms. Rose. Seeing no others will head to the phone lines operators. Anybody on the phone lines would like to register their support or opposition for this bill?

  • Committee Moderator

    Person

    As a reminder to register your support or opposition, press one zero at this time. We will go to line 101. Go ahead, please.

  • Randy Hicks

    Person

    Randy Hicks, California Disability Rights, in strong support.

  • Committee Moderator

    Person

    Line 25, please go ahead.

  • Unidentified Speaker

    Person

    Missy from LA County. I strongly oppose this lax AB 1037.

  • Committee Moderator

    Person

    And one last reminder, press one zero to register your support of opposition. We'll go next to line 31. Go ahead, please.

  • Unidentified Speaker

    Person

    Yes, hold on. My name is Liz and I am with Sacramento County and I am in strong opposition to this bill.

  • Committee Moderator

    Person

    Line 38, go ahead. 58 I'm sorry. Line 58, go ahead.

  • Unidentified Speaker

    Person

    This is Huang from county. I strongly oppose AB 1037.

  • Committee Moderator

    Person

    Line 159, go ahead.

  • Unidentified Speaker

    Person

    My name is Jeanette, Sacramento County, and I strongly oppose this bill.

  • Committee Moderator

    Person

    Line 86, go ahead. Line 86, you're open. Check to see if you're not muted on your side.

  • Eric Harris

    Person

    Eric Harris, Disability Rights California, strong support.

  • Committee Moderator

    Person

    And line 21, please go ahead. Line 121. 21, go ahead.

  • Karen Powers

    Person

    My name is Karen Powers and I'm speaking in opposition to this bill.

  • Committee Moderator

    Person

    And at this time we have no additional respondents in queue.

  • Isaac Bryan

    Legislator

    Thank you so much. We'll now turn it to committee members. Any members of the committee who'd like to speak on this bill? Appreciate that, because we have a healthy agenda. Mr. Berman, would you like to close?

  • Marc Berman

    Legislator

    Respectfully ask for an aye vote.

  • Isaac Bryan

    Legislator

    This bill enjoys a do pass from the Chair. Madam Secretary, do we have a motion? We don't have a second. Second. Ms. Peller, in seconds. Can we call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    That bill is on call. Mr. Berman, would you like to go with your next bill?

  • Marc Berman

    Legislator

    Thank you again, Mr. Chair and colleagues. It's so good to be back here, by the way. I forgot to mention that earlier AB 1539 would fill a void in existing law. Right now, a voter is prohibited from voting or attempting to vote twice in an election in California.

  • Marc Berman

    Legislator

    However, no such prohibition exists against voting or attempting to vote in California and another state for an election that occurs on the same date. As I've said many times during my tenure on this Committee, while voter fraud is exceedingly rare, it can happen, and it's important that we do what we can to make sure it doesn't.

  • Marc Berman

    Legislator

    The scenario covered by this bill recently came to light in Santa Clara County when it was discovered that a couple who own property in California and Oregon cast ballots in both states in the November 2010, 2012, 2014, 2016, and 2018 elections. Because California law does not prohibit the alleged conduct, the Santa Clara County District Attorney's Office could do nothing in response and deferred prosecution to Oregon officials, as Oregon does have a law that unambiguously outlaws multistate double voting. This bill would ensure that California does not have to rely on another state's laws to address the issue of multistate double voting. Respectfully ask for an aye vote.

  • Isaac Bryan

    Legislator

    Thank you, Ms. Berman. Any primary witnesses in support? Any primary witnesses in opposition?

  • D'Artagnan Byrd

    Person

    D'Artagnan Byrd, AFSCME California. We don't have a formal position on this, but we're moving towards support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you. Come on up. You have two minutes.

  • Colleen Britton

    Person

    I will be quick. This is very short. Colleen Britton with Election Integrity Project California. I support the idea of not double voting. That's what I support. I'm sorry to hear is that it's just a misdemeanor. I think anytime someone double votes in single election, it is with intent, and I think that's a violation of your vote. It disenfranchises the second vote. And I think it should be not a misdemeanor, but I think it should be a felony. It's not a slap on the hand. Whoops. I'm sorry. I shouldn't have done this, but it's an interference of the election, so I think it should be a larger penalty. Thank you. That was short.

  • Isaac Bryan

    Legislator

    Thank you. Anybody in the hearing room who would like to register their support or opposition for this bill? Seeing none. Operator, can we go the phone lines? Any support or opposition for this bill?

  • Committee Secretary

    Person

    Register support or opposition for the bill, please press one, then zero at this time. We'll go first to line 58. Go ahead.

  • Chensen Huang

    Person

    This is Chensen Huang from Santa Clara County. I strongly oppose AB 1539.

  • Committee Secretary

    Person

    Line 13, go ahead, please.

  • Unidentified Speaker

    Person

    Marina from LA County. I oppose AB 1539.

  • Committee Secretary

    Person

    Line 189, go ahead. 189, go ahead, please.

  • Kent Jones

    Person

    189?

  • Committee Secretary

    Person

    Yes, go ahead, sir. We can hear you.

  • Kent Jones

    Person

    Kent Jones from the Villages in San Jose in support.

  • Committee Secretary

    Person

    Line 47, go ahead. 47, your line is open. Go ahead, please.

  • Lia Barry

    Person

    Lia M. Barry. I oppose this bill.

  • Committee Secretary

    Person

    And line 121, go ahead.

  • Karen Powers

    Person

    Yes, this is Karen Powers for Election Integrity Project California, and I oppose this bill.

  • Committee Secretary

    Person

    Line 101, go ahead.

  • Randy Hicks

    Person

    Randy Hicks of Californians for Disability Rights in strong support.

  • Committee Secretary

    Person

    Line 159. Go ahead, please.

  • Jeanette Phelps

    Person

    Jeanette Phelps, Sacramento County, and I oppose this bill.

  • Committee Secretary

    Person

    Line 179, please go ahead.

  • Robert White

    Person

    Robert White, San Jose, Election Integrity. I oppose this bill.

  • Committee Secretary

    Person

    One last reminder to queue up to express your opposition or support for 1539, press 1-0. We'll next go to line 24. Line 24, go ahead.

  • Andy Miza

    Person

    Andy Miza, LA County. I oppose this bill.

  • Committee Secretary

    Person

    And line 191, go ahead.

  • Jennifer Cardenas

    Person

    Hi, this is Jennifer Cardenas with Election Integrity Project California, and I oppose this bill. Thank you.

  • Committee Secretary

    Person

    At this time, we have no additional respondents in queue.

  • Isaac Bryan

    Legislator

    Thank you so much.

  • Committee Secretary

    Person

    Let me undo that. We've had a couple of late comings, real quick. We have line 151. 151, go ahead, please.

  • Juli Halopoff

    Person

    Juli Halopoff from Orange County. I oppose this bill.

  • Committee Secretary

    Person

    And line 125. I'm sorry, line 25. Line 25, go ahead.

  • Unidentified Speaker

    Person

    Missy in LA County, I strongly oppose this lax AB 1539.

  • Committee Secretary

    Person

    Line 31, go ahead.

  • Liz Loggy

    Person

    My name is Liz Loggy. I'm from Sacramento County, and I strongly oppose AB 1539.

  • Committee Secretary

    Person

    And line 136, go ahead.

  • Robert White

    Person

    Vicky Reinke, Calaveras County, in opposition.

  • Committee Secretary

    Person

    For additional commenters, press 1-0 at this time, please.

  • Unidentified Speaker

    Person

    And without additional prompt, Mr. Chair, we have no additional respondents.

  • Isaac Bryan

    Legislator

    Beautiful. We'll now turn it to Committee Members. Any questions, comments, concerns?

  • Bill Essayli

    Legislator

    Comment. I appreciate the Bill and I'd like to make it bipartisan and be a co author if you'll have me. And I couldn't agree more. So thank you.

  • Marc Berman

    Legislator

    Thank you, sir.

  • Isaac Bryan

    Legislator

    Would you like to close, Mr. Berman?

  • Marc Berman

    Legislator

    Respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Thank you. I mean, prohibiting somebody from voting an election in California and then voting in another election in another state on the same day makes a whole lot of sense to me. Respectfully disagree with the opposition. Suggesting, though, that you should then be slapped with a felony and be unable to ever vote again in California while you are serving your time. We talked about that earlier today. I want to thank you for working with the Committee staff.

  • Isaac Bryan

    Legislator

    This enjoys a do pass recommendation. Do we have a motion? A motion and a second. Okay. Madam Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass and be re-referred to the Committee on Appropriations. [Roll call]

  • Isaac Bryan

    Legislator

    Thank you. That's out, 7-0.

  • Marc Berman

    Legislator

    Appreciate you all. Thanks.

  • Isaac Bryan

    Legislator

    We're getting down to the nitty gritty. Mr. Lee, would you like to present for yourself and Mr. Low? Start with item number 2, AB 270. Is that okay? Perfect.

  • Alex Lee

    Legislator

    So I'm going to start with file item 2, AB 270, in relation to public financing. So thank you, Mr. Chair and Members. This bill provides voters the opportunity on the November 2024 ballot to remove the current prohibition on public financing of campaigns in California. Since 1988, public financing of campaigns have been prohibited in California jurisdictions other than charter cities. Five charter cities actively have public financing of campaigns, which include the cities of Berkeley, Long Beach, Los Angeles, San Francisco, and Oakland, which we have representative today.

  • Alex Lee

    Legislator

    Public financing campaigns is the best way to empower voters, increase diversity of candidates running for office, and give voters confidence that big money can't just buy their elections. The Brennan Center for Justice conducted a study last year detailing benefits of public financing programs around the nation. In Berkeley, the average contribution size decreased by 60% from the previous election due to more individuals donating.

  • Alex Lee

    Legislator

    In Washington DC, the zip code with the most contributions had one of the lowest median incomes and encompassed one of the most diverse neighborhoods in DC. In Portland, mayoral candidates that participate in the public financing program received nine times more individual contributions than non-participating candidates. Most importantly, this effort in California is about restoring local control for jurisdictions to decide what electoral funding system works best for their locality. AB 270 provides local jurisdictions more autonomy to decide what is best for them.

  • Alex Lee

    Legislator

    Some oppose this idea may referenced how voters rejected the same question 13 years ago in 2010. However, since 2010, we have seen voters in charter cities express immense support for public financing measures and an overall shifting opinion on the issue. In 2016, Berkeley's Measure X1 received 65% of the vote, and in 2022, Oakland's Measure W received 74% of the vote. It is time we provide voters the opportunity to decide whether we remove the prohibition on a proven campaign financing system that empowers everyday voters.

  • Alex Lee

    Legislator

    I will be respectfully asking for your aye vote, and today I'm pleased to be joined by my witnesses in support, Trent Lange from the Executive Director of the California Clean Money Campaign and Dan Kalb, the Oakland City Council Member.

  • Trent Lange

    Person

    Good morning, Chair and Members. Trent Lange, Executive Director of California Clean Money Campaign. We're proud to sponsor AB 270, are very grateful for the leadership of Assembly Member Lee for authoring this and for the work of this Committee. Voters are increasingly concerned about the problems of money in politics. In a recent Gallup poll, only 20% of respondents reported being satisfied with American campaign finance laws.

  • Trent Lange

    Person

    In a poll conducted by the California Clean Money Campaign, 79% of likely voters said that big money campaign contributors have too much influence over elected officials in California, and 68% said that ordinary voters have too little influence. 15 states and 19 municipalities across the country have adopted voluntary public financing systems that address these concerns to empower voters and help candidates run campaigns that are more focused on the people they are running to represent.

  • Trent Lange

    Person

    Los Angeles, San Francisco, and Berkeley have matching fund systems that provide a six to one match for small donations from individuals living in the city, magnifying the impact of small donors. Oakland just passed a democracy dollar program similar to Seattle's in which residents get four $25 vouchers. Study by Georgetown University found a dramatic increase in the number and diversity of residents who participated.

  • Trent Lange

    Person

    Maine, Arizona, and Connecticut have highly successful full public funding clean election systems, so candidates don't have to raise any private dollars at all after they qualified. It's time to return control to local general law cities, districts, counties, and the state to experiment with public financing systems like these that work for them in the same way that charter cities have. AB 270 would allow the voters to make this decision themselves. It will not impose any public financing anywhere. It's just allowing the cities and counties to do so while adding important protections. So we respectfully request your aye vote. Thank you.

  • Dan Kalb

    Person

    Mr. Chair, thank you very much. Members, my name is Dan Kalb. I'm an Oakland City Council Member. As you know, Oakland is fortunate enough to be one of the charter cities in the state, which means the courts have allowed us to adopt our local public financing as we see fit, maintaining local control.

  • Dan Kalb

    Person

    Over a three year period, recently, as you just heard, a coalition led process in Oakland listened to residents and local community leaders and urged them to do something bold to give average voters more impact on local campaigns and allow candidates to run for office without having to raise so much money from private contributors, in part because most of those private contributions came from just a few zip codes where their upper middle class, wealthy and predominantly white people lived, not representative of the entire city.

  • Dan Kalb

    Person

    After a lengthy public engagement process, I authored the coalition ballot measure last year, Measure W, that has created a democracy dollars program, as you just heard described a moment ago. The measure was supported by a broad and diverse coalition and passed by an overwhelming 74% of the vote. If you give voters an opportunity, residents an opportunity in local jurisdictions to engage in a public finance system for their community, most likely they're going to say yes.

  • Dan Kalb

    Person

    Unfortunately, we and our residents were very excited to be able to do this. Unfortunately, there are hundreds of incorporated general law cities in California and 58 counties that are prohibited by a 35 year old ballot proposition from passing local public financing, no matter how much the voters in that community may want. As I mentioned, not just cities, but the counties as well.

  • Dan Kalb

    Person

    That's why I strongly believe that passing AB 270 is critically important to give every local government the same opportunity to pass public financing laws, like Oakland and other charter cities have done. And finally, of course, to provide opportunities for the state if they so choose to pass a public financing system. I respectfully urge your aye vote, and happy to answer any questions. Thank you.

  • Isaac Bryan

    Legislator

    Beautiful. Any primary witnesses in opposition? Seeing none. We're going to have to get you a closer seat. You have two minutes.

  • Unidentified Speaker

    Person

    Thank you. Okay. You know who I am? Election Integrity Project California is opposed to this bill primarily because it doesn't really achieve the goal that it sets about, and that's establishing an equal playing field among candidates financially. So what it does is does not address incumbents, and they would have equal access to the same money funds, so it would keep the same ratio of funding. It'd be still unequal. So the financial differential between incumbents and candidates with special interest backing, and that would, challengers would all remain the same.

  • Unidentified Speaker

    Person

    So unless public funds are the only source of campaign financing and distributed equally among all candidates meeting reasonable standards of viability, the bill's purpose to incentivize and assist would be fighting the same financial disadvantage as before dipping into public funds. So there would be no change in the status quo. The bill doesn't address super pacs. It doesn't address dark money. There's a lot of things that are left out of it. And citizens' money is not voluntary contribution, as opposed to normal contributions to a candidate. So we are opposed to this. So thank you.

  • Isaac Bryan

    Legislator

    Thank you. We will now turn over to people in the committee room, anybody in the room in support or opposition to this bill?

  • Dora Rose

    Person

    Dora Rose, League of Women Voters of California in very, very strong support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you, Ms. Rose.

  • Danessa Tillis

    Person

    Danessa Tillis for Indivisible California State Strong in strong support.

  • Skye Allen

    Person

    Hello, Sky Allen with Inland Empire United, and we support this bill.

  • Greg Fidell

    Person

    Gregory Fidell with Initiate Justice, strong support.

  • Isaac Bryan

    Legislator

    Great. We'll now turn it to the phone lines. Operator, is there anybody on the phone lines in support or opposition to this bill?

  • Committee Secretary

    Person

    As a reminder, to register support or opposition to AB 270, if you have not already done so, press 1-0 at this time. We'll start with line number 70. Go ahead.

  • June Henry

    Person

    June Henry with California Clean Money Campaign, and I'm in the support of AB 270.

  • Committee Secretary

    Person

    Line 194, go ahead.

  • Swanee Edwards

    Person

    Thank you. Swanee Edwards, former Santa Clara County Elections Commissioner. I'm in strong support of AB 270.

  • Committee Secretary

    Person

    Line 148, go ahead. 148, go ahead, please. Your line's open. 148, you might be muted on your end. Can you check? Moving on to line 159. Line 159, go ahead, please.

  • Jeanette Phelps

    Person

    Jeanette Phelps, Sacramento County, in opposition to this bill.

  • Committee Secretary

    Person

    Line 101, go ahead.

  • Randy Hicks

    Person

    Randy Hicks of Californians for Disability Rights, strong support.

  • Committee Secretary

    Person

    Line 72, go ahead.

  • Shirley Shelangoski

    Person

    It's me. Hi, this is Shirley Shelangoski with Contra Costa Move On and California Clean Money, in strong support of AB 270.

  • Committee Secretary

    Person

    Line 13, go ahead. Line 13, we can hear you. Go ahead, please.

  • Myrna Barolo

    Person

    Myrna Barolo of LA County. I oppose AB 270.

  • Committee Secretary

    Person

    Line 17, go ahead.

  • Roz Fey

    Person

    Thank you. Roz Fey with Change Begins With Me in strong support. Thank you.

  • Committee Secretary

    Person

    Line 187, go ahead, please.

  • Mary Beavins

    Person

    Line 187, Mary Beavins, San Mateo, strongly support AB 270. Thank you.

  • Committee Secretary

    Person

    Line 25, go ahead, please.

  • Unidentified Speaker

    Person

    Missy in Los Angeles County. Strongly opposed to flawed AB 270.

  • Committee Secretary

    Person

    Line 75, go ahead.

  • Linda Henigin

    Person

    Linda Henigin, Palo Alto, Santa Clara County, in strong support of AB 270. Thank you.

  • Committee Secretary

    Person

    Line 74, go ahead.

  • Michele Sutter

    Person

    Good afternoon. Michele Sutter of MOVI, Money Out Voters In, and we are in strong support of AB 270. Thank you.

  • Committee Secretary

    Person

    Line 41, go ahead.

  • Lawrence Basket

    Person

    Lawrence Basket, Invisible San Francisco and Indivisible California State Strong Coalition, in full support.

  • Committee Secretary

    Person

    Line 121, go ahead. Sorry, one moment. Line 121. Okay, please start again. We didn't have you open. Go ahead, 121.

  • Karen Powers

    Person

    No problem. This is Karen Powers for Election Integrity Project California speaking in opposition to this bill.

  • Committee Secretary

    Person

    Line 47, go ahead.

  • Lima Tubari

    Person

    Lima Tubari, Election Integrity Project California, Placer County, in opposition of 270.

  • Committee Secretary

    Person

    Line 31, go ahead.

  • Liz Loggy

    Person

    Yes. Liz Loggy with Sacramento County, and I am in strong opposition to bill AB 270.

  • Committee Secretary

    Person

    Line 136, go ahead.

  • Vicky Reinke

    Person

    Vicky Reinke, Calaveras County, in strong opposition.

  • Committee Secretary

    Person

    Line 20, go ahead.

  • Treg Wright

    Person

    Treg Wright, Los Angeles County, with the Election Integrity Project of California, in strong opposition.

  • Committee Secretary

    Person

    Line 10, go ahead.

  • Chris Foster

    Person

    Chris Foster from Orange County. I oppose AB 270. Thank you.

  • Committee Secretary

    Person

    Line 193, go ahead.

  • Isabel Storey

    Person

    This is Isabel Storey. I am representing Indivisible West Los Angeles and Indivisible California State Strong, in strong support of AB 270.

  • Committee Secretary

    Person

    Line 58. 5-8, go ahead, please.

  • Chensen Huang

    Person

    This is Chansen Huang from Santa Clara County. I strongly oppose AB 270. Thank you.

  • Committee Secretary

    Person

    Line 195, go ahead.

  • Ginny Madsen

    Person

    Ginny Madsen, and San Leandro First Wednesdays is in support of AB 270.

  • Committee Secretary

    Person

    Line 87, go ahead.

  • Craig Dunkerly

    Person

    Craig Dunkerly, California Clean Money Campaign, strong support.

  • Committee Secretary

    Person

    Line 24, go ahead.

  • Andy Miza

    Person

    Andy Miza, LA County, with EIPCA, strongly opposed.

  • Committee Secretary

    Person

    Line 100, go ahead.

  • Elaine Elbizri

    Person

    Elaine Elbizri in Palo Alto, Santa Clara County, strongly in support of AB 270.

  • Committee Secretary

    Person

    Line 34, go ahead.

  • Joe Ely

    Person

    Joe Ely, Brentwood, Contra Costa County. I support AB 270.

  • Committee Secretary

    Person

    Line 151, go ahead.

  • Juli Halopoff

    Person

    Hi, this is Juli Halopoff from Orange County. I strongly oppose AB 270.

  • Committee Secretary

    Person

    Line 99, go ahead.

  • David Schmidt

    Person

    This is David Schmidt from San Francisco. I'm a volunteer for the California Clean Money Campaign, calling in strong support of AB 270.

  • Committee Secretary

    Person

    Line 177, go ahead.

  • Harold Tipping

    Person

    Yes, this is Harold Tipping from San Jose in Santa Clara County. I am in support of AB 270.

  • Committee Secretary

    Person

    Line 69, go ahead. 69, your line is open. You might be muted. Check your mute button, please. Line 69, we can hear you. Go ahead. Line 198. Line 198, go ahead, please.

  • Graham Huey

    Person

    Graham Huey from Walnut Creek in strong support of AB 270.

  • Committee Secretary

    Person

    Line 116, go ahead. 116, your line's open.

  • Joan Hoenow

    Person

    Joan Hoenow from San Jose. I'm in support of AB 270.

  • Committee Secretary

    Person

    Line 78, go ahead, please. Line 78, your line's open. Go ahead with your comment.

  • Andrew Crockett

    Person

    I was on mute. Andrew Crockett of Santa Clara County. Member of the California Democratic Central Committee and California Clean Money Campaign. Expressing the strongest possible support for AB 270.

  • Committee Secretary

    Person

    Line 91, go ahead.

  • Gary Appell

    Person

    Gary Appell, California Clean Money, strong support for AB 270.

  • Committee Secretary

    Person

    Line 192, go ahead. 192, we can hear you. Go ahead, please.

  • Ron Zucker

    Person

    This is Ron Zucker from Petaluma. I am in support of AB 270.

  • Committee Secretary

    Person

    Thank you. Line 189, go ahead, please.

  • Kent Jones

    Person

    Kent Dwayne Jones, the Villages San Jose, in strong support for AB 270.

  • Committee Secretary

    Person

    Line 200, go ahead.

  • Unidentified Speaker

    Person

    On behalf of all 80 groups of Indivisible California State Strong in strong support for AB 270. Thank you.

  • Committee Secretary

    Person

    One last reminder, to come in to support or opposition to AB 270, press 1-0 at this time. Next, we go to line 130. 130, go ahead, please.

  • Kyoko Takayama

    Person

    Kyoko Takayama, Indivisible California State Strong as well as Livermore Indivisible. Strong support. Thank you.

  • Committee Secretary

    Person

    Line 81, go ahead.

  • David Donaldson

    Person

    David Donaldson, Santa Clara, strong support.

  • Committee Secretary

    Person

    Line 69, you're back in queue. Go ahead again, please. 69, go ahead.

  • Committee Moderator

    Person

    Can you check and unmute your phone, line 69, and we can get your comment?

  • Pat Lang

    Person

    Pat Lang, Los Altos Hills. Strong support.

  • Committee Moderator

    Person

    Thank you. Next line, 204, go ahead, please.

  • Unidentified Speaker

    Person

    [Inaudible].

  • Committee Moderator

    Person

    That broke up. Could you say it again, please?

  • Unidentified Speaker

    Person

    [Inaudible].

  • Committee Moderator

    Person

    Thank you. Line 163. 163, go ahead. 163, go ahead, please. 163, can you check your mute? Make sure you're not muted on your end. Your line is open on here. Okay. Line 191. 191, go ahead, please.

  • Jennifer Cardenas

    Person

    Hi, this is Jennifer Cardenas with Election Integrity Project California, and I oppose this Bill, thank you.

  • Committee Moderator

    Person

    Thank you, and Mr. Chair, the queue is now clear.

  • Isaac Bryan

    Legislator

    Thank you. We'll return it to Committee Members. Any questions, comments, thoughts from Members of the Committee? Mr. Bennett, welcome.

  • Steve Bennett

    Legislator

    A few things. First, just a question for the opponent. You had mentioned that this wouldn't achieve the goal of equalizing the money, and that would only happen if the only source of money is public financing. Do you support having the only source of money being public financing?

  • Unidentified Speaker

    Person

    I don't know. My concern though, is that the incumbents would have a big advantage and then it doesn't address super PAC money--

  • Steve Bennett

    Legislator

    You don't know whether you support having it only be public financing?

  • Unidentified Speaker

    Person

    If that's the only source of money that would be equal.

  • Steve Bennett

    Legislator

    Then you would support public financing?

  • Unidentified Speaker

    Person

    I'd give it a consideration.

  • Steve Bennett

    Legislator

    Thank you. And to the author, appreciate your leadership on this and so many of these others appreciate seeing you again. Trent, I'd be honored to be a co-author on the Bill; and I'll move the Bill.

  • Isaac Bryan

    Legislator

    Motion by Mr. Bennett, second by Ms. Pellerin and Mr. Lee, would you like to close?

  • Alex Lee

    Legislator

    Respectfully ask your aye vote.

  • Isaac Bryan

    Legislator

    This enjoys a do pass from the chair. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass and be re-referred to the Committee on Appropriations. [Roll Call].

  • Alex Lee

    Legislator

    That bill's out five to two. Would you like to present AB 1227 for Mr. Low?

  • Alex Lee

    Legislator

    So I'll be presenting Assembly Bill 1227 for Assemblymember Low. So just for the TV people, I'm not Assemblymember Low, just in case.

  • Evan Low

    Person

    I'm happy to accept the Committee amendments and also to also put on the record that I will be joining on as a co-author as well. I don't think I'm presently a co-author on this. AB 1227 is a district Bill to allow Santa Clara County to adopt ranked choice voting for local elections. With me today, my witness is Allie Hughes.

  • Allie Hughes

    Person

    Good morning. My name is Allie Hughes, working for Canyon Snow Consulting, representing CalRCV, and I'm happy to answer any questions. Thank you.

  • Isaac Bryan

    Legislator

    Any other witnesses in support? Primary witnesses in support? No. Primary witnesses in opposition. We'll do the room in a second. Any primary witnesses in opposition? Seeing no primary witnesses in opposition, we'll turn it to Members of the Committee room. Any witnesses or any people in the Committee room who would like to register their support or opposition to this Bill.

  • Dora Rose

    Person

    Dora Rose, League of Women Voters of California, in strong support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you, Ms. Rose.

  • Paula Lee

    Person

    Paula Lee, Californians for Electoral Reform, in strong support.

  • Isaac Bryan

    Legislator

    Beautiful.

  • Allie Hughes

    Person

    Hi, Allie Hughes again, wearing two hats, representing BAYMEC this time. In strong support.

  • Isaac Bryan

    Legislator

    Beautiful. We'll now turn it to the phone lines. Anybody on the phone lines who would like to register their support or opposition?

  • Unidentified Speaker

    Person

    Once again, to register support or opposition for AB 1227, press 1, 0 at this time, if you've not done so already. We'll first go to line 197. 197, go ahead, please.

  • Bill James

    Person

    Good afternoon, I'm Bill James. I'm Chair of the Santa Clara County Democratic Party, representing over 500,000 voters in Santa Clara County, and we strongly support the Bill.

  • Bill James

    Person

    Thank you so much.

  • Bill James

    Person

    Line 101, go ahead.

  • Randy Hicks

    Person

    Randy Hicks, Sacramento County Green Party, in strong support.

  • Unidentified Speaker

    Person

    Line 149, go ahead, please. 149, your line is open. Go ahead.

  • Erik Poicon

    Person

    Hello? Can you hear me? Hi. Thank you. This is Erik Poicon calling on behalf of the Silicon Valley Young Dems, calling in strong support. Thank you.

  • Unidentified Speaker

    Person

    Line 25, go ahead.

  • Unidentified Speaker

    Person

    Missy from Los Angeles County. I strongly oppose all ranked choice voting, especially AB 1227.

  • Unidentified Speaker

    Person

    Line 69, go ahead. Line 69, your line is open again. Go ahead with your comment, please.

  • Pat Lang

    Person

    Pat Lang, ranked choice voting. Yes, thank you.

  • Unidentified Speaker

    Person

    Line 204, go ahead. 204, go ahead with your comment. Line 24, go ahead.

  • Andy Miza

    Person

    Andy Miza, LA County. I strongly oppose all ranked choice voting.

  • Unidentified Speaker

    Person

    Line 58, go ahead. 58, your line is open.

  • Chensen Huang

    Person

    This is Chensen Huang from Santa Clara County. I strongly oppose AB 1227.

  • Unidentified Speaker

    Person

    Line 78, line 78, go ahead.

  • Andrew Crockett

    Person

    This is Andrew Crockett of San Jose, California and former candidate for Santa Clara County Assessor expressing strong support for AB 1227.

  • Unidentified Speaker

    Person

    Line 31, go ahead.

  • Liz Waggy

    Person

    Yes. My name is Liz Waggy and I strongly oppose this Bill. I oppose all rank voting. Thank you.

  • Unidentified Speaker

    Person

    Line 203, go ahead.

  • Steve Chesson

    Person

    Hi, this is Steve Chesson. I live in Mountain View in Santa Clara County, and I strongly support AB 1227 as the person behind Measure F.

  • Unidentified Speaker

    Person

    And one last reminder, to support or oppose 1227 on the phone, press 1, 0. Next we go to line 177. Go ahead. 177, go ahead, please.

  • Harold Tipping

    Person

    Yes, this is Harold tipping from San Jose and Santa Clara County. I'm strongly in support of this Bill.

  • Unidentified Speaker

    Person

    Thank you. Line 151, go ahead.

  • Juli Halopoff

    Person

    Hi, my name is Julie Halopoff from Orange County. I strongly oppose this Bill.

  • Unidentified Speaker

    Person

    And line 209. Go ahead, please. We can hear you. Go ahead with your comment.

  • Val Macmulkin

    Person

    Oh, hi. My name is Val Macmulkin. I'm from San Jose, Santa Clara County. And I strongly support AB 1227 and rank choice voting in general.

  • Unidentified Speaker

    Person

    Thank you. And, Mr. Chair, that does clear the queue once again, we have no additional respondents.

  • Isaac Bryan

    Legislator

    Thank you so much. Well, now I'll turn it to Committee Members. Any Members of the Committee who would like to speak on this Bill? Seeing none, Mr. Lee, would you like to close for Mr. Low?

  • Alex Lee

    Legislator

    I would just like to say, know, no matter how you feel about the concept of ranked choice voting, this Bill simply allows my home county to elect to switch to ranked choice voting. So this simply allows them to do so. They could also choose not to do so. Respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Do we have a motion? Moved by Ms. Pellerin. Seconded by Ms. Rubio slash Mr. Bennett. The Chair agrees with you. This enjoys a do pass. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass, as amended, and be re referred to the Committee on Appropriations. [Roll call] That's out, 5-0.

  • Isaac Bryan

    Legislator

    That's out, 5-0. Assemblymember Sanchez, if you are watching, you are our last Member who is not a member of this Committee to present. But in her absence, I'll go ahead and finish my stack.

  • Tom Lackey

    Legislator

    Two down, three to go. We're ready to go.

  • Isaac Bryan

    Legislator

    Should we start with AB 544?

  • Tom Lackey

    Legislator

    Sounds great.

  • Isaac Bryan

    Legislator

    544. Yes. In the interest of time, I will be succinct or as succinct as I can be. Chair and colleagues, California law currently allows for people who are incarcerated in county jails to vote. They do vote. They are allowed to vote.

  • Isaac Bryan

    Legislator

    Many people in county jail, roughly half the people in county jail haven't even had their first day in court or could not afford to bail out and would be a part of the public with the rest of us. The problem is that the county jail systems don't have a standardized way of facilitating elections. We have some outstanding county clerks who will go cell by cell handing ballots to folks like a Member of this Committee passed.

  • Isaac Bryan

    Legislator

    You have other situations like in LA County Jail, the largest jail system in the world, 17,000 people, where the jail can be turned into a polling place. We have a number of statewide provisions that have been implemented in the last several years out of this Committee and in this body that should be standardized for folks who are incarcerated in county jails as well.

  • Isaac Bryan

    Legislator

    What this bill does is it improves access for people who are detained in county jail and affords them every full opportunity to exercise their right to participate in democracy. It also ensures that there is greater standardization across the state so that it's not county by county where the ability to participate in democracy is afforded in a way that's accessible for people who are incarcerated in our county jail systems.

  • Isaac Bryan

    Legislator

    With us here today to provide testimony are Thanh Tran, Policy Associate with the Ella Baker Center for Human Rights and a chief architect of this idea and framework, and as well as Brittany Stonesifer, a Staff Attorney with ACLU NorCal.

  • Brittany Stonesifer

    Person

    Thank you. Good morning. My name is Brittany Stonesifer with ACLU California Action, and there are currently 60,000 people in California's jails that practically all of them have the right to vote who are adult citizens. However, incarcerated people have dramatically lower turnout than non-incarcerated voters.

  • Brittany Stonesifer

    Person

    This low turnout stems from criminal disenfranchisement laws enacted in the 1800s to strip political power from communities of color. Because of continuing structural discrimination in our criminal legal system, these policies have the same disproportionate impact that they had over a century ago. Despite being legally entitled to vote, people in jail are underserved by elections officials and often unaware of their rights. People in jails also experience unique obstacles when they reach the ballot box.

  • Brittany Stonesifer

    Person

    For example, if jail policies limit access depends or if delivery of vote by mail ballots are delayed in the jail's mailroom or if a person is transferred to a different facility, it may be impossible for even a very determined incarcerated voter to cast a ballot in election. By bringing in-person voting directly into jails, AB 544 will allow incarcerated voters to register to vote and cast a ballot on election day, just as non-incarcerated voters are able to do.

  • Brittany Stonesifer

    Person

    AB 544 will also improve transparency by establishing a jail voting coordinator in each jail and by requiring jail voting program information to be posted online. This bill is based on existing models in other counties and other jurisdictions, and they've been successful in the jails where they're available. In LA, the We All Count program has reportedly enabled over 2,000 voters to register and vote from a women's jail during the 2020 election. Similarly, Chicago Jail voters had only seven percent turnout when all voting was done by mail.

  • Brittany Stonesifer

    Person

    By contrast, the first year that polling stations were introduced inside, voter turnout increased to 37 percent, which is higher than the overall turnout for the City of Chicago. AB 544 will bring these practices into all California jails, helping people to exercise their fundamental right to vote. For these reasons, we respectfully ask for your yes vote. Thank you.

  • Thanh Tran

    Person

    All right, my name is Thanh Tran, Policy Associate with the Ella Baker Center for Human Rights, and I'll move right into it. When democracy works, it works really well.

  • Thanh Tran

    Person

    An example of when it worked really well was a good friend of mine I was incarcerated with named Marcus. So Marcus shared with me a rare occurrence that happened when he was in county jail. A kind correctional officer volunteered on his shift to tell the pod Marcus was incarcerated in that they had the right to vote, and not only that, this officer volunteered to make sure that they casted a ballot. And Marcus had never voted before.

  • Thanh Tran

    Person

    He never knew if he was eligible to vote or even if he could vote. So when he casted his first ballot and he saw line by line the different issues he was voting on, issues that affected his family, his mother, his kids, he felt connected to his community in a way that he has never felt before. His whole life, he believed himself to be unaccepted and apart from society. So to finally vote for the first time ever, Marcus told me how he felt.

  • Thanh Tran

    Person

    Like his voice mattered for the first time. And that completely transformed the way he viewed himself, but it transformed the way he felt connected to his community. And I'll end by sharing the day that Marcus casted his first ballot was the day that Marcus left the gang in county jail. The same day he casted his first ballot was the day that he recommitted to being a father in spite of his incarceration. The same day he casted his ballot, democracy worked, right?

  • Thanh Tran

    Person

    So AB 544 is about taking this rare instance of transformation in democracy and replicating this experience. It's about expanding that experience and not relying on one kind of officer, but relying on us as Californians to say that the transformative power of democracy needs to be accessible to everyone, especially Black and brown communities who overrepresent our incarcerated population. So I implore you to please pass AB 544.

  • Tom Lackey

    Legislator

    Okay. Do we have any other witnesses in the room that would like to express support for this measure?

  • Dora Rose

    Person

    Dora Rose, League of Women Voters of California. I'm very excited about this bill. In strong support. Thank you.

  • Greg Fidell

    Person

    Gregory Fidell with Initiate Justice, proud co-sponsor and in strong support.

  • Glenn Backes

    Person

    On behalf of Smart Justice California, Glenn Backes, in support.

  • Unidentified Speaker

    Person

    On behalf of Inland Empire United, we strongly support this bill.

  • Rahsaan Thomas

    Person

    Rahsaan Thomas, Initiate Justice, strongly support.

  • Crystal Cárdenas

    Person

    Crystal Cárdenas with Initiate Justice, a proud co-sponsor in strong support.

  • Emily Bates

    Person

    Emily Bates, San Francisco educator, here on behalf of myself and my incarcerated young son. We are both in strong support of this bill.

  • Kristin Nimmers

    Person

    Kristin Nimmers, California Black Power Network, in support.

  • Tom Lackey

    Legislator

    Thank you. Any witnesses in opposition to this bill would like to testify? Anybody that would like to stand and show their opposition? Seeing none, we'll go to the phones.

  • Committee Moderator

    Person

    And once again, to register your support or opposition for AB 544, press one zero at this time. First we'll go to line 86. Line 86, go ahead. Line 86, your open.

  • Eric Harris

    Person

    Eric Harris, Disability Rights California, strong support.

  • Committee Moderator

    Person

    Line 213, go ahead, please.

  • James Lindburg

    Person

    Good afternoon. Jim Lindberg on behalf of the Friends Committee on Legislation of California, in strong support.

  • Committee Moderator

    Person

    And line 146, go ahead.

  • Sietse Goffard

    Person

    Hi. Sietse Goffard with Asian Americans Advancing Justice, Asian Law Caucus, and we strongly support this bill. Thank you.

  • Committee Moderator

    Person

    Line 101, please go ahead.

  • Randy Hicks

    Person

    Randy Hicks from Californians for Disability Rights, in strong support.

  • Committee Moderator

    Person

    Line 25, go ahead, please.

  • Unidentified Speaker

    Person

    Missy in Los Angeles County, strongly opposed to flawed AB 544.

  • Committee Moderator

    Person

    And line 58, please go ahead. 58, check and see if you muted on your end. Your line is open.

  • McKim Fong

    Person

    Thank you. This is McKim San Fong from Santa Clara County. I strongly oppose AB 544. Thank you.

  • Committee Moderator

    Person

    Thank you. Line 136, go ahead, please.

  • Vicky Reinke

    Person

    Vicky Reinke, Calaveras County, strongly opposed.

  • Committee Moderator

    Person

    Line 131, please go ahead. I'm sorry. Line 31. Line 31, go ahead, please.

  • Liz Loggy

    Person

    Yes. Liz Loggy with Sacramento County, strongly opposed.

  • Committee Moderator

    Person

    And line 121, go ahead.

  • Karen Powers

    Person

    Yes. Karen Powers, Election Integrity Project California, in opposition.

  • Committee Moderator

    Person

    And line 151, go ahead.

  • Juli Halopoff

    Person

    Hi. Juli Halopoff from Orange County. I strongly oppose this bill.

  • Committee Moderator

    Person

    Line 214, go ahead.

  • Unidentified Speaker

    Person

    Santa Clara County. Strongly support this bill.

  • Committee Moderator

    Person

    Line 47, go ahead, please.

  • Leigh Barry

    Person

    Leigh Ment Barry, Election Integrity Project California, in opposition to 544.

  • Committee Moderator

    Person

    Line 24, go ahead, please. Line 24, your line's open. Go ahead, please.

  • Andy Miza

    Person

    Andy Miza, LA County Election Integrity Project of California, strongly oppose this one.

  • Committee Moderator

    Person

    Thank you. Line 159, go ahead.

  • Jeanette Phelps

    Person

    Jannette Phelps, Sacramento County, and I oppose this bill.

  • Committee Moderator

    Person

    Thank you. Line 212, go ahead, please.

  • Alice Cow

    Person

    My name is Alice Cow from Santa Clara County. I strongly oppose.

  • Committee Moderator

    Person

    And a quick reminder for AB 544, press one zero for comment. We'll next go to line 216. 216, go ahead, please.

  • Roman Fierro

    Person

    Roman Dylan Fierro, Humboldt County. I strongly oppose this bill.

  • Committee Moderator

    Person

    And line 118, please go ahead.

  • Kayla Sato

    Person

    Hello. Kayla Sato from Orange County and I, unlike most of the other callers, strongly support this bill.

  • Committee Moderator

    Person

    And line 215, go ahead, please. 215, your line is open. Check to see you're not muted on your end. Line 215, I think we can hear you. Go ahead with your comment.

  • Unidentified Speaker

    Person

    My name is Sherry. I'm with Initiate Justice, and I strongly support ACA 4.

  • Committee Moderator

    Person

    Thank you. Next, line 218. 218, go ahead. Sorry. One moment, 218. I think they've dropped out of queue. Okay. We have no additional respondents in queue at this time.

  • Tom Lackey

    Legislator

    Okay. We'll now bring it back to the Committee. Do we have any questions or comments? We have a motion. Thank you.

  • Steve Bennett

    Legislator

    It's a great bill.

  • Isaac Bryan

    Legislator

    Thank you.

  • Steve Bennett

    Legislator

    And I really appreciate your comments. Thanks.

  • Gail Pellerin

    Legislator

    I just have another comment, too.

  • Tom Lackey

    Legislator

    Go ahead.

  • Gail Pellerin

    Legislator

    So, yeah. The only thing--great bill--I just want to make sure that we're working with elections officials to make sure that the day and hours work for them as well.

  • Isaac Bryan

    Legislator

    Absolutely.

  • Tom Lackey

    Legislator

    And you may close.

  • Isaac Bryan

    Legislator

    Respectfully ask for your aye vote.

  • Tom Lackey

    Legislator

    Thank you. We have a first and second. Call for the question, please.

  • Committee Secretary

    Person

    The motion is 'do pass and be re-referred to the Committee on Appropriations.'

  • Committee Secretary

    Person

    Committee of Appropriations. [Roll call] That's out, five to one.

  • Isaac Bryan

    Legislator

    Thank you. And with that in a full Committee, we're now going to lift the call on bills on call. Yes.

  • Committee Secretary

    Person

    On item 9, AB 1004. [Roll call] That's out, seven to zero. Item 1, AB 34. [Roll call] That's out, six to zero. Item 5, AB 421. [Roll call]

  • Steve Bennett

    Legislator

    Mr., may I ask for clarification, since I wasn't in the room for the debate and discussion? I understand that during the discussion that there was a conversation and addressing some of the implementation issues that I know that you and I have discussed. Our conversation was such that you would stay deeply committed to addressing some of those implementation issues earlier with respect to the top three funders moving forward.

  • Steve Bennett

    Legislator

    But this is the first policy Committee, and then you're committed to continually work in addressing those in good faith.

  • Isaac Bryan

    Legislator

    In addition, talked about the ninety days specifically and the willingness to sit down with the opposition to continue the conversations.

  • Steve Bennett

    Legislator

    Thank you very much.

  • Committee Secretary

    Person

    [Roll call] That Bill is out, five to two. Item 8, AB 969. [Roll call] That's out six to one. Item 10, AB 1037. [Roll call] That's out, six to two.

  • Isaac Bryan

    Legislator

    Ms. Sanchez. Ms. Sanchez, thank you for joining us.

  • Isaac Bryan

    Legislator

    Do we want to add on to consent real quick?

  • Tom Lackey

    Legislator

    On 10, it should be six to two. I think they're not voting. Don't you have a non voting for Lackey? I'm sorry, my mistake.

  • Committee Secretary

    Person

    Adding on to consent. [Roll call] Thank you.

  • Kate Sanchez

    Legislator

    Thank you for having me.

  • Isaac Bryan

    Legislator

    You may begin when ready.

  • Kate Sanchez

    Legislator

    Thank you, Mr. Chair and Members. I'm happy to be presenting AB 1688. This is a straightforward Bill with no opposition, so I'll try to be brief. Voter registration list maintenance is an important duty for our election officials. It is federally required and helps ensure that our elections run smoother. A vital part of our list maintenance is referencing credible data to determine if someone has died and should be removed from the voter rolls.

  • Kate Sanchez

    Legislator

    Currently, California uses multiple sources for maintaining databases but does not use a death index maintained by the Social Security Administration. Use of state-level data and the death index is required in States like Maryland, Minnesota, Washington and multiple others. AB 1688 helps provide California's election officials more data to improve list maintenance efforts and ensure that our elections run as smoothly as possible.

  • Kate Sanchez

    Legislator

    Testifying with me today in support of AB 1688 is Tricia Webber, who is the Legislative Committee Co-chair of the California Association of Clerks and Election Officials.

  • Tricia Webber

    Person

    Thank you. Good afternoon. Again, Tricia Webber, California Association of Clerk and Election Officials. AB 1688 is asking for the Social Security Administration information which will supplement information that we already receive through VoteCal from agencies like DMV, US Postal Service, EDD, the CDPH, CDCR and on the local level, local public health officials.

  • Tricia Webber

    Person

    What is missing is when one of our voters passes away outside of the state and getting SSA information would assist in our voter maintenance and connect the dots that we are currently missing and fill the gap. I respectfully ask for an aye vote.

  • Isaac Bryan

    Legislator

    Any primary witnesses in opposition? Seeing none, we'll turn it to the hearing room. Anybody who would like to register their support or opposition for this Bill? Seeing none, we'll turn it to the phone lines.

  • Isaac Bryan

    Legislator

    Anybody on the phone lines who would like to register their support or opposition for this Bill?

  • Committee Moderator

    Person

    Register supporter opposition for 1688. Press one zero at this time, please. We have line 101. Go ahead.

  • Randy Hicks

    Person

    Randy Hicks of Californians with Disability Rights in strong support.

  • Committee Moderator

    Person

    Thank you. Any other respondents, press one zero, please. And we have no additional respondents in queue.

  • Isaac Bryan

    Legislator

    Beautiful. Any questions, comments from the Committee? Ms. Sanchez, would you like to close? Motion by Mr. Lackey, second by Ms. Rubio.

  • Kate Sanchez

    Legislator

    Thank you. I respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Voter roll maintenance is vital to ensuring integrity in our elections. I thank you for bringing this forward. It has the support of the chair. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is do pass and be re-referred to the Committee on Appropriations. [Roll Call]. That's out 6-0.

  • Isaac Bryan

    Legislator

    We are down to our final two bills.

  • Isaac Bryan

    Legislator

    I promise we'll make this quick. 764. Should probably go first. Yeah. Okay, which one we start with? Should we start with 7764? We can do either way. We'll start with 1248. Okay, we'll go 1248. Then you may begin.

  • Isaac Bryan

    Legislator

    Good morning, Chair and members. I'm pleased to present AB 1248. Over the last several years, we have been piecemealing independent redistricting commissions all across the state. Riverside County, Fresno County. We were to build just today about Orange County. But what we're noticing is everywhere that independent redistricting commissions exist. They are the better option. Having elected officials gerrymander or have the potential to gerrymander to protect incumbency and other things above. The interest of keeping communities whole and preserving communities of interest is something we should seek to change at a statewide level. And that's why we are introducing this bill. Grateful to my co-author, Ben Allen, Senator Allen, and all of the work that's gone into this through the years.

  • Isaac Bryan

    Legislator

    This is a measure that will require any jurisdiction of over 300,000 people to establish an independent redistricting Commission by the next redistricting session in 2030. I respectfully ask for your aye vote. Joining me today to testify and support are Laurel Brodinski of California Common Cause and Faith Lee from Asian Americans Advancing Justice.

  • Laurel Brodzinsky

    Person

    Thank you. Laurel Brodzinsky, legislative director with California Common Cause. This committee has already discussed today the inherent conflict of interest that arises when legislative bodies draw their own districts. However, putting the authority to adopt new district boundaries into the hands of an independent body means communities are put first. In our report that we authored with partners including Asian Americans Advancing Justice, the ACLU, and League of Women Voters, we found that in the 2020 local redistricting cycle across the state, independent commissions were more likely to draw maps that kept communities whole, especially marginalized or underrepresented.

  • Laurel Brodzinsky

    Person

    Communities were more likely to encourage and be responsive to community feedback, were more likely to run transparent and high integrity processes, and showed no evidence of trying to protect incumbents or draw maps that advance the interests of one political party over another. Independent commissions also generally led to significantly higher public participation because they offered more hearings and public and community groups had more confidence that their testimony would be incorporated into the new maps than if elected officials were drawing their own lines.

  • Laurel Brodzinsky

    Person

    AB 1248 recognizes that local gerrymandering is a problem across the state in need of a comprehensive solution to truly empower Californians. AB 1248 would require larger counties, cities, and educational districts, future redistricting processes to utilize independent commissions in 2030 and going forward and institute a default structure if they failed to develop one locally.

  • Laurel Brodzinsky

    Person

    While most jurisdictions would benefit from adopting an independent commission, having one is especially important for larger jurisdictions whose redistricting process is generally more complicated and more politically contentious, which also have greater resources to staff a commission and sufficient population base from which to draw a diverse and qualified applicant pool. Thank you.

  • Faith Lee

    Person

    Good afternoon. My name is Faith Lee with Asian Americans Advancing Justice Southern California, one of the co-sponsors of AB 1248. AJ SoCal most it the most recent redistricting cycle. We worked with the AAPI and Aminsa State redistricting collaborative to capture our community's diversity and interest and develop responsive and equitable district maps. Our experience in immobilizing community Members to advocate for their communities and neighborhood affirm the bedrock importance of independent redistricting communities. Through IRCs, residents have a platform to share what unites their neighborhoods and communities. They are able to learn from each other to identify district lines that empower those most often disenfranchised and underrepresented by partisan mapping.

  • Faith Lee

    Person

    IRC, for the most part, did the deliberation and line drawing in public, sometimes even adjusting district lines in real time in response to community testimony. For example, in San Diego, more than 300 refugee community members in the Black, Arab, Middle Eastern, Muslim, and South Asian BAMEMSA community participated in the state, county, and city redispecting process.

  • Faith Lee

    Person

    These members reported a starkly different experience organizing in San Diego, county, which used an IROC compared to the City of El Cajon, which was located in the county but did not have an IROC. They did not feel that their testimony was well received by the City of El Cajon and some share that they felt intimidated by supporters of incumbent council members.

  • Faith Lee

    Person

    The city council ended up adopted existing maps without any changes, and when they participated in the San Diego County IRC process, they felt much more welcome to testify remotely and in person. The IRC allowed time for a presentation by the group and made community members felt that the San Diego IRC were committed to growing their understanding of the BAMEMSA community that resulted in the unifications of most of the communities of interest into one single supervisorial district. I urge your support in passing AB 1248 so more Californians are empowered to make their voices heard and participate in the drawing their district lines that suit their communities. Thank you.

  • Tom Lackey

    Legislator

    Okay, do we have any other witnesses who like to express their support for this measure?

  • Dora Rose

    Person

    Good afternoon. Dora Rose, deputy director with the League of Women Voters of California, co-sponsors and of course, in very strong support.

  • Glenn Backes

    Person

    Glenn Backes, Ella Baker Center for Human Rights and Initiate Justice in support.

  • Isaac Bryan

    Legislator

    Ruth Dawson, ACLU California Action and support. Thank you.

  • Janessa Atiles

    Person

    Janessa Atiles, Indivisible California State Strong, in support.

  • Skye Allen

    Person

    Sky Allen with Inland Empire United in full support of this bill.

  • Kristin Nimmers

    Person

    Kristin Nimmers, California Black Power Network, in support.

  • Christoph Mair

    Person

    Christoph Mair, American Federation of State, county, and municipal employees in support.

  • Tom Lackey

    Legislator

    Okay, do we have any witnesses in opposition? You may proceed.

  • Jean Hurst

    Person

    Thank you, Mr. Chair. Thank you, members. Jean Hurst here today on behalf of the Urban Counties of California with an opposed unless amended position. I do want to extend our appreciation to Chair Bryan's staff and the proponents for the thoughtful analyses and the early outreach on this issue. I just want to reiterate, we're committed to working on improving the bill to ensure that counties and their commissions are set up in a way that ensures success.

  • Jean Hurst

    Person

    I think one of the benefits of this issue is we do actually have time to get this right and to learn from some of the practical implementation challenges and implementation of the IRCs in Los Angeles, San Diego, and Santa Barbara. So we appreciate the opportunity for an ongoing dialogue, look forward to the conversation, and appreciate your time today. Thank you.

  • Tom Lackey

    Legislator

    Thank you. Do we have anybody in the room that like to express their opposition this bill?

  • Sarah Dukett

    Person

    Sarah Dukett, on behalf of the Rural County Representatives of California and the California State Association of Counties, aligning our comments with Urban Counties, opposed unless amended, and we look forward to working with the author on amendments.

  • Tom Lackey

    Legislator

    Thank you. Operator, we now need to go to the phones and see if anybody would like to express their opposition or support to AB 1248.

  • Committee Moderator

    Person

    As a reminder to express opposition or support, press one zero at this time, we're going to start with line 118. 118, go ahead, please.

  • Kayla Asato

    Person

    That's me. Kayla Asato, Orange County Environmental Justice, in strong support of this bill as part of Orange County.

  • Committee Moderator

    Person

    Line 223, please go ahead.

  • Isabel Storey

    Person

    This is Isabel Storey, and I am representing Santa Monica Democratic Club, Indivisible West Los Angeles, and Indivisible California State Strong. All in strong support of AB 1248. Thank you.

  • Committee Moderator

    Person

    Line 130, please go ahead.

  • Kyoko Takayama

    Person

    Kyoko Takayama, Alameda County Coalition for Fair Redistricting and Livermore Indivisible, strong support. Thank you.

  • Committee Moderator

    Person

    Line 146, please go ahead.

  • Unidentified Speaker

    Person

    With the law office and we are in very strong support of this bill.

  • Committee Moderator

    Person

    One quick reminder to express opposition or support, press one zero. Next is line 117. Please go ahead. Line 107, contain. We can hear you. Go ahead, please, with your comment.

  • Committee Moderator

    Person

    It you might be muted on your end. Check your mute button, please. Moving on. We're going to line one. Line number 25. Line 25, go ahead, please.

  • Unidentified Speaker

    Person

    Missy in Los Angeles County, I oppose the state mandated AB 1248.

  • Committee Moderator

    Person

    At this time, we no additional respondents in queue.

  • Tom Lackey

    Legislator

    Okay, we'll come back to committee. Any questions or comments?

  • Gail Pellerin

    Legislator

    I just would suggest maybe considering adding the local county elections official as an advisor to the committee.

  • Isaac Bryan

    Legislator

    Absolutely.

  • Tom Lackey

    Legislator

    Thank you. Mr. Bennett.

  • Steve Bennett

    Legislator

    I'd just like to request to be a co author of the bill. I think it's a.

  • Isaac Bryan

    Legislator

    Request accepted.

  • Steve Bennett

    Legislator

    Thank you.

  • Tom Lackey

    Legislator

    Okay, any other comments? I just would like to say, first of all, I think we need to respect direct democracy. And as in, we know in 2008, Prop 11 actually formed the Citizens Redistricting Commission, which put me in a very weird position, by the way. So personally, I will tell you that I wasn't a huge fan, but nonetheless, I think it's more likely to be politically neutral because clearly redistricting is a hotbed of controversy, clearly, always will be, and it's a very tough issue.

  • Tom Lackey

    Legislator

    But I do believe that we need to respect direct democracy. So I won't be able to support this bill at this time. So you may close.

  • Isaac Bryan

    Legislator

    Understood. I live in a city that had a number of elected officials and powerful stakeholders caught on tape talking and conspiring about gerrymandering and diluting power and preserving their own political power at the expense of direct community power. We have seen independent redistricting commission successful all across the state. Prior to being an elected official, I was appointed redistricting commissioner for LA USD, our largest school district, which was not an independent process.

  • Isaac Bryan

    Legislator

    Having served on that commission, there is a need for neutral, independent, community focused persons involved in drawing our district boundaries. But I don't think this is a top down state approach, which is why this bill allows for local jurisdictions, provides that they have to come up with an independent process locally by 2030. That is the goal. This should stay in community, it should start in community.

  • Isaac Bryan

    Legislator

    But we have to put those guardrails in place to make sure that this process continues to move forward and is not something that's forgotten and brought up at the last second every 10 years. I respectfully ask for your aye vote.

  • Tom Lackey

    Legislator

    Do we have a motion? A second. Okay, we have first and second. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass and be rereferred to the committee on Local Government. [Roll Call] Out five to one.

  • Tom Lackey

    Legislator

    Okay, we're down to our last one.

  • Isaac Bryan

    Legislator

    Last one.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Chair and colleagues. Four years ago, the legislature approved the first major change to local redistricting rules in decades of the adoption of the Fair Maps Act. The result was a more transparent and participatory redistricting process in 2021 and 2022. There's a lot to celebrate but the improvements that California has made about the improvements that California has made to the redistricting process. But there's still a lot of work to do, as we've articulated.

  • Isaac Bryan

    Legislator

    In particular, we continue to see incumbency protection prioritized at the expense of keeping neighborhoods and communities of interest together. Furthermore, the first round of redistricting conducted under the rules of the Fair Maps Act highlighted the potential for refinement to further improve the process, AB 746 builds on California's good work in promoting a transparent and inclusive redistricting process. It prohibits the consideration of incumbency protection and redistricting and strengthens public engagement requirements and transparency measures. Based on lessons learned from the 2021 redistricting cycle.

  • Isaac Bryan

    Legislator

    AB 764 also extends key reforms from the Fair Maps Act to include school districts and special interests or special districts. Finally, AB 764 creates a clear procedure, including a notice and cure process, to ensure compliance with these important reforms. Before I conclude, I want to briefly address the opposition to this bill. I want to acknowledge the good work that many jurisdictions did during the 2021 redistricting process, notwithstanding significant challenges due to the COVID-19 pandemic and in building on the reforms of the Fair Maps Act.

  • Isaac Bryan

    Legislator

    I agree that it is essential that we ensure all local governments have the tools to conduct a successful redistricting process in 2031 and beyond. So I am committed to continuing to work with county organizations, elections officials and all interested parties on this bill to ensure that it can be successfully implemented. Joining me to testify and support today are Laurel Brodzinsky with California Common Cause and Sky Allen with Inland Empire United. I'll turn it to them.

  • Laurel Brodzinsky

    Person

    Thanks. Still, Laurel Brodzinsky, legislative director for California Common Cause. As I mentioned, California Common Cause, along with our partners, conducted a report on the 2020 local redistricting cycle that analyzed both what went right a lot, as the Assembly Member mentioned, went right, including increased public participation as a result of remote testimony options due to the COVID-19 pandemic. But also, a lot still went wrong. There were loopholes, deficiencies and ambiguities in the law that do need fixing.

  • Laurel Brodzinsky

    Person

    This included confusing deadlines, loopholes allowing for jurisdictions to not post written public testimony attempts to cap testimony to only 15 minutes jurisdictions which didn't seem to be complying with the federal Voting Rights Act until after being prompted by civic organizations and, of course, across the state, incumbency protection taking precedence over empowering communities. In addition to these problems, various explicit violations of the FMA's processes also occurred, from failing to provide legally required demographic data about maps to failing to post required information on redistricting websites.

  • Laurel Brodzinsky

    Person

    And when violations were discovered, it was difficult to hold local jurisdictions accountable because the FMA lacks a defined process for a party to raise and the jurisdiction to cure violations, which is especially problematic given the tight timelines of redistricting. AB 764 responds to the lessons learned from the implementation of the Fair Maps Act.

  • Laurel Brodzinsky

    Person

    It would strengthen the Fair Maps Act's redistricting criteria, administrative requirements, public engagement transparency measures, including explicitly prohibiting incumbency protection, increasing public access through codifying remote testimony options, and extending the mandatory criteria to additional jurisdiction types to establish a minimum standard. We urge your support today.

  • Skye Allen

    Person

    Good afternoon, everyone. My name is Sky Allen. I'm the Executive Director of Inland Empire United, a civic engagement collective impact table serving San Bernardino and Riverside counties. Thank you for having me, and thank you, chair, for your leadership on this bill. Once we concluded our census outreach, I immediately committed myself to trying to memorize as many of the redistricting rules as possible so as to strengthen our advocacy and our education and the community. And as a result, the Fair Maps Act became my north star.

  • Skye Allen

    Person

    There are a lot of moving pieces to redistricting, as we all know, and the FMA gave our groups a structure that we could rely upon. For one, we knew that we were entitled to a week notice before hearings, which gave us time to educate and reach out to community members. We all had very specific criteria through which to draw and evaluate proposed maps, and there will be at least, though often only four, hearings to get our preferences across.

  • Skye Allen

    Person

    I believe that all of our maps are without a doubt stronger than they would have been without the FMA. Still, there are ways that we can strengthen it and further protect the interests of our communities ahead of the next redistricting cycle. An easy place to start would be to include special districts. In my opinion, the process for redrawing a school district should be the same as redrawing a city.

  • Skye Allen

    Person

    Next, I'd say our biggest challenge in both of the counties that we serve was that cities were treated equal to cois. Often, community proposed maps were discarded for city splitting, regardless of the cois that were documented as reasons why and regularly cities were referred to as communities of interest in order to sway aboard away from community submitted alternatives.

  • Skye Allen

    Person

    Further, from my experience, local officials do have a lot on their plates and as a result they often stick with the minimums if they don't feel they need to do more. Despite the size of my region, most officials did the minimum amount of community engagement, often did not offer remote options to participate because they were not required and only scheduled the minimum number of hearings. If you all raise the bar now, that minimum will be a lot more accessible next time around.

  • Skye Allen

    Person

    So I hope you all will take seriously the proposed alterations in this bill, and I appreciate the opportunity to share.

  • Tom Lackey

    Legislator

    Thank you very much. Thank you very much. Do we have any other witnesses who would like to express their support?

  • Dora Rose

    Person

    Women Voters of California, Dora Rose, we are co sponsors and in strong support. Thank you.

  • Glenn Backes

    Person

    Glenn Backes, ELLA Baker Center for Human Rights and Initiate Justice, in support.

  • Ruth Dawson

    Person

    Ruth Dawson, ACLU California Action, proud co sponsors of the bill. Thank you.

  • Faith Lee

    Person

    Faith Lee with Advancing Justice SoCal, we're in support.

  • Danessa Tillis

    Person

    Danessa Tillis with Indivisible California StateStrong, in support.

  • Kristin Nimmers

    Person

    Kristin Nimmers, California Black Power Network, in support.

  • Christophe Mayor

    Person

    Christophe Mayor, AFSCME, in support.

  • Tom Lackey

    Legislator

    Okay, we have any witnesses in opposition like to express their opposition? This is your opportunity.

  • Isaac Bryan

    Legislator

    Welcome back.

  • Jean Hurst

    Person

    Thank you, Mr. Chair. Members, Jean Hurst here again today on behalf of the Urban Counties of California with an opposed and less amended position on the ill. I do want to really express my appreciation to chair Bryan and to his team for committing to working with us on this issue. I do think that there's an opportunity for us to improve the Fair Maps Act without unfairly burdening local agencies. We just want to make clear that we do support an accountable and transparent redistricting process.

  • Jean Hurst

    Person

    We are just concerned about some of the obligations in the bill that will create some challenges to eventual compliance, and we want to get to a place where we can ensure counties can be successful in redistricting in 2031. So appreciate the commitment and appreciate your time today.

  • Tom Lackey

    Legislator

    Thank you very much. Are there any others who would like to express their opposition?

  • Sarah Dukett

    Person

    Sarah Dukett, on behalf of the Rural County Representatives of California and the California State Association of Counties, aligning our comments with the urban counties opposed unless amended. We look forward to working with the author.

  • Tom Lackey

    Legislator

    Thank you very much. Operator now, phone lines are now open to express their support or opposition.

  • Committee Moderator

    Person

    Quick reminder to comment on AB 764, press 10. We'll start with line 118. Go ahead.

  • Kayla Asato

    Person

    Hello. Kayla Asato, she/they pronouns with Orange County Environmental Justice in strong support of this bill. Some of our cities that we're working on have been impacted by this. So this is really important to us. Thank you.

  • Committee Moderator

    Person

    Line 227, go ahead, please. Line 227, we can hear you. Go ahead with your comment.

  • Teja Stephens

    Person

    Thank you. Teja Stephens calling in support of AB 764 on behalf of Catalyst California.

  • Committee Moderator

    Person

    Line 228, go ahead, please.

  • Isabel Storey

    Person

    This is Isabel Storey of representing Santa Monica Democratic Club and Indivisible West Los Angeles, in strong support of AB 764.

  • Committee Moderator

    Person

    And line 146. Go ahead, please.

  • Sietse Goffard

    Person

    Hi, Sietse Goffard with Asian American Advancing Justice Asian Law Caucus. We are proud co sponsors of this bill and we are very much in support. Thank you.

  • Committee Moderator

    Person

    Line 130, go ahead.

  • Unidentified Speaker

    Person

    Kyokotakayama, I'm the county coalition for fair redistricting Indivisible California State Strong and Even More Indivisible, in strong support. Thank you.

  • Committee Moderator

    Person

    Additional comments, press 10 at this time. Next is line 25. Go ahead, please.

  • Unidentified Speaker

    Person

    Missy, Los Angeles County, opposed to AB 764.

  • Committee Moderator

    Person

    In line 17. Go ahead.

  • Raj Faye

    Person

    Thank you. Raj Faye with Change Begins With Me, in strong support. Thanks.

  • Committee Moderator

    Person

    And we have no additional respondents in queue at this time.

  • Tom Lackey

    Legislator

    Okay, comes back to the committee. Anybody like to make any comments or express any concerns or questions? Hey, we have a motion. And second, you may close.

  • Isaac Bryan

    Legislator

    I respectfully ask for your aye vote.

  • Tom Lackey

    Legislator

    Call for the question, please.

  • Committee Secretary

    Person

    The motion is do pass and be re referred to the Committee on Local Government. [Roll Call] That's out. Five to one.

  • Isaac Bryan

    Legislator

    We will open the roll for authors.

  • Committee Secretary

    Person

    Members, adding on to AB 34. Sorry, that one is concluded. AB 270 Low. AB 292 Pellerin [Roll Call]. Item four, AB 334 [Roll Call]. Item six, AB 55, excuse me, 544 [Roll Call].

  • Alex Lee

    Legislator

    Which number is that in?

  • Isaac Bryan

    Legislator

    Bryan.

  • Committee Secretary

    Person

    Item six, AB 544; Lee, is aye. On item nine, AB 1004 [Roll Call]. Item 11, AB 1227 Low [Roll Call].

  • Committee Secretary

    Person

    And on item 12, AB 1248 [Roll Call]. Item 13, AB 1539 [Roll Call]. On item 15, AB 1688 [Roll Call]. On item 18, ACA 4 and item 1595 Bennett [Roll Call].

  • Isaac Bryan

    Legislator

    This concludes a historic elections committee hearing.

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