Assembly Standing Committee on Elections

Oh, is this Good. Support? I'll make it real quick.

Good afternoon. I'd like to call the 08/28/2026 hearing of the Assembly Elections Committee to order. Madam secretary, please call the roll. Pellerin?

Here. Pellerin here. Johnson?

Here.

Johnson here. Bennett? Here. Bennett here. Berman?

Here.

Berman here. El Hawari. Ellis Salace? Present. Salace here.

Stephanie, we have a quorum.

Fabulous. I'd like to welcome everyone here, everyone watching online. We're accepting witness testimony through our letter portal. The portal could be accessed through the website at aelc.assembly.ca.gov. There are five bills on our agenda today.

The original agenda listed four, and, and then we had our supplemental agenda for today for AB 282. When we hear the bills on the agenda, we'll hear from a maximum of two primary witnesses in support, two against, and a limit of two minutes each. As a reminder, those are people who are selected by the author. And anyone else in the room could just add on as a me too with their name and affiliation, and everyone, be nice to each other.

So with that announcement out of the way, we will begin our agenda.

And should I go or should Berman go? I can go. Okay.

Perfect.

Assemblymember Berman, you have two bills up today, AB 686 and AB 1130. Take them up whatever order you prefer.

Appreciate it. Yeah.

So just let us know which one you're taking out first.

Absolutely. So I'm gonna start with AB 1130.

We're gonna wing it. I'd like to thank the vice Chair for the notes. So society changes, and as society changes, campaigns change. And something that we've learned is that some campaigns have started paying social media influencers to promote content and create content and make it look organic when in effect, it's actually being paid for by the campaign.

Okay. Good.

And so, AB 1130 strengthens already existing disclosure requirements that we have to make it clear that both campaigns and the social media influencers can be held liable and accountable for not following state law.

It also creates civil penalties if they violate the law, and it requires campaigns to have more transparent disclosure about this type of spending in their filings that we all file as candidates. I hope I covered it all. Respect to ask for aye vote.

Alright. Anybody in the room who would like to add on as I see you have no witnesses? Anyone in the room like to add on in support or opposition?

Move the bill.

Seeing none. Got a motion in a second. Any questions from the dias? Comments? Seeing none, you may close.

Respectfully ask for our vote. Thank you

so much. Alright. Bill is an important step to help ensure there's appropriate transparency when campaigns pay social media. I am recommending support. Madam secretary, please call the roll.

On AB 11:30 by Assembly member Berman, the motion is with recommendation that Senate amendments be concurred in. Helleran? Aye. Helleran, aye, Johnson? Aye.

Johnson, aye. Bennett? Aye. Bennett, aye. Berman?

Aye. Berman, aye. El Hawari. Ellis?

Aye.

Ellis, aye. Salace. Aye. Salace, aye. Stephanie?

Aye.

Stephanie, aye.

That bill's out seven to zero. We'll keep the roll open for our absent member, and you'll now move on to your next bill, which is AB 686.

Thank you very much. AB 686 is extending a a bill that or a law that I created back in 2019. And and speaking of technology and speaking of the world changing and speaking of campaigns, back in 2019, a lot of us were just learning about deep fakes, which is artificially Intel artificial Intelligence created, AI created audio and visual content and images that give the appearance of somebody doing or saying something that they never did or said.

And so, the the original bill back in 2019 makes it a crime to intentionally disseminate fake or manipulated audio or video of a political candidate to deceive voters or damage the candidate's reputation unless the media includes a disclosure that it has been manipulated. This is, I I would argue the floor, to be honest.

I think we need to do more in this space. I think the Federal Government and Congress needs to do more in this space because as the Chair and I both know, there are certain challenges and restrictions to state legislatures governing in this space, and and we both, I believe, have been thwarted in our efforts, by the courts or at least I have and maybe yours is still in process.

And and so this is to extend, the prior law, and I just wanna publicly encourage Congress to do more, to to make sure that the public isn't being deceived, in a way that makes it look like a candidate said or did something that they literally never said or did. Respect faster. I vote.

Wonderful. Anybody in the room as a primary witness? Anybody who's a primary witness in opposition? Anyone who wants to go to the mic and just add on to either position? And seeing none, any questions, comments?

Move the bill. We do have a motion and a second. Any other questions or comments? Seeing none. Madam secretary, please call the roll.

I'm I'm again, this bill ensures that we'll have continued important legal protections against deceptive campaign media, and while these legal challenges are being worked out, I'm recommending support.

On Assembly bill 686 by Assembly member Berman, the recommendation, excuse me, the action is with recommendation that Senate amendments be concurred in. Helleran? Aye. Helleran, aye. Johnson?

No. Johnson, no. Bennett?

Aye.

Bennett, aye. Berman?

Aye.

Berman, aye. El Hawari. Ellis? No. Ellis, no.

Salace. Aye. Salace. Aye. Stephanie?

Aye.

Stephanie, aye.

Your turn.

Yep. Got it. Which one are you taking up?

Don't do anything. I wouldn't do.

So can't promise you, Brent. Can't promise you. It's out five

That vote that bill is out five to two, but we'll keep the role open for our absent member.

to two.

Are you taking 502? I'll take whatever you just tell us whenever you're ready. Okay. Yeah. Sorry.

No. Okay. Sorry.

I don't know which one I'm doing first. What's this? Do we have a a preference? Okay. Why don't I just do two should I do a 282, get it over?

Okay. Good afternoon. So just this year in California and Georgia, conspiracy theory I'm taking up AB 282. Just this year in California and Georgia, conspiracy theorists seeking to undermine long ago certified election results seized and attempted to seize ballots and election records.

These kinds of actions are horrible to state autonomy and authority over our elections. AB 282 seeks to prevent the gravest threats to our elections by preventing any attempts to seize ballots, election records, and certified voting technology before election results are certified. This bill makes clear that interfering with ballots or voting equipment before an election is certified is a serious offense with serious consequences.

Specifically, it will make it a felony to seize, cause, or assist in the seizure of ballots, election records, or certified voting technology before election results are certified by the elections official, and that would be punishable up to three years in prison. It further prohibits any person with authority from directing someone in their supervision to do the same, and that's punishable by up to four years in prison.

Integrity of our elections, California must ensure that every lawfully cast vote can be counted, and that the will of the voters of all political parties is respected. And we must be a step ahead of any attempts to undermine our elections. I think I'm flying solo today, so I respectfully ask for your vote.

Alright. And if you're flying solo, that means there's no primary support?

Not in the room.

Anybody would like to register as support in the room?

Anybody who would like in in opposition?

Thank you. Motion and a second. Oh, I thought he was getting up.

He's like, leaving the room.

Okay. Great. Stretching his legs.

Stretching his legs. Okay. Great. Any questions? Motion and a second.

Will you please call the roll?

On AB 282 by Assemblymember Pellerin. The motion is with recommendation that Senate amendments be conferred in, but first be re referred to the Committee on Public Safety.

[roll call]

That bill is out 5-2. Chair Pellerin, are you taking AB 502 or AB 1853?

I'll do 1853 because my witness is here. So so thank you, madam Chair and members. AB 1853 comes in response to a candidate statement that appeared in the June 2026 official state voter information guide that contained no information about the candidate's education and qualifications. Instead, it used the voter guide as a platform to share hateful, anti Semitic rhetoric and conspiracy theories and links to external inappropriate content.

The inclusion of such content in an official voter, government publication relied upon by millions of Californians to make informed voting decisions undermines voter trust and the integrity of our electoral process.

AB 1853 establishes reasonable reasonable standards to ensure candidate statements remain factual, relevant, and appropriate for an official state publication with respecting constitutional protections of speech. And with me to testify today is this lovely gentleman.

Name. Dan

Filsott. Now you have two minutes.

Introduce yourself, please.

A lovely gentleman.

Madam Chair, members, Dan Filsott, on behalf of the Los Angeles County District Attorney's Office. We are proud to support this measure. When elections officials print election materials filled with hate filled statements, extremist statements, those documents are given, and those statements are given more credibility than they deserve because they are now in in officially state published document. The inclusion of these hate filled statements in official government publications can spur further violent hate incidents committed by individuals who are inspired by reading these hate filled, candidate statements.

The secretary of state in this past election correctly noted that existing law provides little legal authority to alter or reject a candidate statement.

Extremists should not be able to manipulate state laws to use official government publications distributed to over 20,000,000 Californians as a mechanism to spread messages of hate and bigotry. AB 1853 is a common sense measure that would provide California's elections officials with the authority they currently lack to stop the inclusion of these vile statements from being printed and distributed in official publications.

I can just tell you, as a prosecutor who's prosecuted some of these hate crimes cases, many of these individuals, they are radicalized and influenced so heavily by statements and actions of others and including these kind of statements in an official state publication is very, very dangerous. And so for that reason, we are proud to support AB 1853.

Anybody else in the room that would like to register support?

We have a motion of second. Any opposition? And if we have no questions you do have a question, sir.

No questions. Just a quick comment. Thank you. I wanna thank the Chair for for letting me tag along to work with you on this effort. I wanna thank your witness.

Totally agree that, you know, these these absolutely abhorrent comments that some candidates put in the voter information guide have the state's stamp of approval because it is the state document. It is the state mailing it to 23,000,000 households across California, and it it caught a lot of people by surprise this year. Unfortunately, this year wasn't the first year that this has happened, and and so this is absolutely something that we need to, you know, nip in the bud immediately.

Grateful to the Chair for, you know, introducing this bill. I know I I believe there'll be efforts, probably next year to to have candidates pay the the true cost, the real cost of these statements.

Because right now, statewide candidates, get get a remarkable discount, on what they're paying to have these statements mailed to 23,000,000 Californians. And and so I think there are some things that

we can do to tighten up our rules to discourage this type of really discussing conduct in

the future. And this is a great first step. So happy to be a joint author and support the bill. Thank you.

Thank you. Any other comments or questions? Not seeing any. Will you please call the roll?

On Assembly bill 1853 by Pellerin, the motion is with recommendation that Senate amendments be concurred in. Pellerin? Aye. Pellerin, aye. Johnson?

Not voting. Johnson is not voting. Bennett? Aye. Bennett, aye.

Burman? Aye. Burman, aye. El Hawari. Ellis?

Not voting.

Ellis not voting. Celace? Aye. Celace, aye. Stephanie?

Aye. Stefani, aye.

That bill is out. Five zero.

Thank you. Thank you.

Okay. Doing a hat trick today. Last bill is AB 502. And today, malicious disinformation facilitated by AI generated deepfakes can skew voter behavior by rapidly deceiving voters, discouraging voter turnout, and generally undermining faith in our elections.

In 2024, the Governor signed AB 2839 to prohibit and the distribution of digitally altered material, materially deceptive campaign advertisements and other election communications during critical times around an election.

So AB 502 revises the statute of AB 2839 to better withstand constitutional challenge. The bill adds flexibility for election related satirical content, limits those individuals who can seek injunctive relief, and damages due to only those depicted in the fraudulent material and narrows the time frame during which these protections would apply from a 120 days before an election to 30 days before an election.

And these changes will make it easier for the court to uphold key provisions of AB 2839, and the bill enjoys support of Attorney General Rob Bonta. And with me to testify in support is Leora Gershenzon with the California Initiative for Technology and Democracy.

Hi. I'm Leora Gershenzon with Cited the California Initiative for Technology and Democracy, a project of California Common Cause. We are very pleased to sponsor AB 502. Today's advancements in generative AI allow completely authentic looking deep fakes to be created at negligible cost and go viral in a matter of minutes. These deepfakes can upset elections across the globe and here in California.

We believe that this bill tightens the original bill AB 2839 to better protect our elections and to better withstand court scrutiny, and we believe these protections are necessary in order to have free and fair elections in California. We ask for your support.

We have a motion and a second. Is there anybody else in the room that would like to register support?

Any opposition?

Alright. No questions, comments, or concerns.

We have a motion or and a second. Can you please call the roll?

On Assembly Bill 502 by Pellerin, the motion is with recommendation that Senate amendments be concurred in.

[roll call]

That bill is out, 5-2. Thank you.

Before y'all write down here, I just wanna wanna say one thing. I wanna express my appreciation to the Assembly member Ellis for your service on this committee. You are a man of integrity, and I really appreciate your ideas and thoughts you've expressed here, and thank you for your service to our to our state.

Did it.

And also wanna thank the incredible team we have here from Nicole, Ethan, and Laurie. Just their work on this committee is exemplary, and we cannot be doing this without you all. So thank you so much. And our amazing other members of the team and the Vice Chair. So thank you. Thank you so much.

Thank you. So with that, we have we're gonna keep our role open. We're gonna see if our absent member's gonna come. So hang on tight.

Alright. We have our absent member and we will go ahead and lift the call on the. We're adding on. That's the right word. We'll go ahead and add on to the bills we picked up today.

On item one, it's AB 686 by Berman. The motion's recommendation that sent in amendments are concurred in.

[roll call]

File item two, AB 1130 by Berman. Recommendation that Senate amendments be concurred in.

[roll call]

Item three, AB 502 by Pellerin. Motion is recommendation that Senate amendments be concurred in.

[roll call]

Item four, AB 1853 by Pellerin. Motion is recommendation that Senate amendments be concurred in.

[roll call]

And finally, Assembly Bill 282 by Pellerin. The motion is with recommendation that Senate amendments be concurred in, but first be re referred to the Committee on Public Safety.

[roll call]

Okay. Sure. No problem. So that concludes the items on our committee's agenda for today. Make sure everybody registers and votes in the next election. The hearing is adjourned.