Today's Law As Amended

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SB-205 Voter registration: paid registration activities.(2011-2012)



SECTION 1.

 Section 2159.5 of the Elections Code is amended to read:

2159.5.
  A  Any  person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a consideration to any  person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State,  registration,  shall do all of the following:
(a) Maintain a list of the names, addresses, and telephone numbers of all individuals that the person, company, or other organization has agreed to compensate for assisting others to register to vote, and shall provide to each person receiving that consideration a written statement of that person’s personal responsibilities and liabilities under Sections 2138, 2138.5,  2139, 2150, 2158, 2159, 18100, 18101, 18103, 18106, 18108, 18108.1, and 18108.5. Receipt of the written statement shall be acknowledged, in writing, by the person receiving the consideration, and the acknowledgment shall be kept by the person, company, or organization that agrees to compensate that person. All records required by this subdivision shall be maintained for a minimum of three years, and shall be made available to the elections official, the Secretary of State, or an appropriate prosecuting agency, upon demand. As an alternate to maintaining the records required by this subdivision, the records may be filed with the county elections official, who shall retain those records for a minimum of three years. The county elections official may charge a fee, not to exceed actual costs, for storing records pursuant to this subdivision.
(b) Not render any payment or promised consideration unless the information specified in Section 2159 has been affixed personally on the affidavit in the handwriting of the person with whom the agreement for payment was made.
(c) At the time of submission of paper  affidavits to an  elections official, officials,  identify and separate those affidavits into groups that do and that do not comply with the requirements of Sections 2150 and 2159. A signed acknowledgment shall be attached to each group of affidavits identifying a group as in compliance with Sections 2150 and 2159, and a group as not in compliance with either Section 2150 or 2159, or both.
(d) Failure to comply with this section shall not cause the invalidation of the registration of the voter.

SEC. 2.

 Section 18108.5 of the Elections Code is amended to read:

18108.5.
 (a) A Any  person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a consideration to any  person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State,  registration  who fails to comply with Section 2159.5, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months or or,  when the failure to comply is found to be willful, not exceeding one year, or both. by both that fine and imprisonment. 
(b)  A  Any  person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a consideration to any  person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State,  upon a third or subsequent conviction, on charges brought and separately tried, for failure to comply with Section 2159.5 shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not to exceed one year, or both. by both that fine and imprisonment. 
(c) An elections official shall notify a any  person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a consideration to any  person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, that  registration, when  three or more affidavits of registration submitted by a person who assisted another others  to register to vote do not comply with  each reflects a violation of one or more of  Sections 18100, 18101, 18103, or and  18106. The elections official may forward a copy of each of the noncomplying affidavits of registration to the district attorney, who may make a determination whether probable cause exists to believe that a violation of law has occurred.
(d) This section shall not apply to a any  public agency or its employees that is designated as a voter registration agency pursuant to the federal  National Voter Registration Act of 1993 (52 (42  U.S.C. Sec. 20501 et seq.),  1973gg),  when an elector asks for assistance to register to vote during the course and scope of the agency’s normal business.

SEC. 3.

 Section 18109.5 is added to the Elections Code, to read:

18109.5.
 (a) Any person who offers to pay or pays money or other valuable consideration to another person, either directly or indirectly, on a per-affidavit basis to assist another person to register to vote by receiving the completed affidavit of registration is guilty of a misdemeanor.
(b) Any person who receives money or other valuable consideration, either directly or indirectly, on a per-affidavit basis to assist another person to register to vote by receiving the completed affidavit of registration is guilty of misdemeanor.
(c) Nothing in this section shall be construed to prohibit payment for assisting another person to register to vote by receiving the completed affidavit which is not, either directly or indirectly, on a per-affidavit basis.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.