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AB-547 Voting.(2011-2012)

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AB547:v91#DOCUMENT

Assembly Bill No. 547
CHAPTER 260

An act to add Section 18573.5 to the Elections Code, relating to voting.

[ Approved by Governor  September 06, 2011. Filed with Secretary of State  September 06, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 547, Gatto. Voting.
Existing law permits a voter who is unable to mark a ballot to receive the assistance of not more than 2 persons, selected by the voter, at a polling place. In addition, existing law imposes criminal penalties on specified activities that interfere with another person’s right to vote, including defrauding a voter who cannot read the ballot by deceiving and causing him or her to vote for a candidate that he or she did not intend to vote for.
This bill would provide that a person is guilty of a misdemeanor if he or she, while providing care or direct supervision to an elder, as defined, in a state-licensed or state-subsidized facility or program, coerces or deceives the elder into voting for or against a candidate or measure contrary to the elder’s intent or in the absence of any intent of the elder to cast a vote for or against that candidate or measure. This bill would also provide that a violation of that provision would be punishable by imprisonment in a county jail or a fine or by both that imprisonment and fine, as specified.
This bill would impose a state-mandated local program by creating an additional crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18573.5 is added to the Elections Code, to read:

18573.5.
 (a) It is a misdemeanor for a person who is providing care or direct supervision to an elder in a state-licensed or state-subsidized facility or program to coerce or deceive the elder into voting for or against a candidate or measure contrary to the elder’s intent or in the absence of any intent of the elder to cast a vote for or against that candidate or measure.
(b) For purposes of this section, “elder” has the same meaning as set forth in Section 15610.27 of the Welfare and Institutions Code.
(c) A violation of this section is punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000) per ballot containing a vote cast by the elder as a result of the coercion or deception or by both that imprisonment and fine.
(d) Nothing in this section shall preclude prosecution under any other provision.

SEC. 2.

 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.