Bill Text


PDF |Add To My Favorites | print page

AB-1033 Corruption of voters.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB1033:v98#DOCUMENT

Amended  IN  Assembly  April 01, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1033


Introduced by Assembly Member Donnelly

February 22, 2013


An act to amend Section 18522 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1033, as amended, Donnelly. Corruption of Voters voters.
Existing law makes it a crime, punishable by imprisonment as specified, for prohibits a person or a controlled committee, directly or through any other person or controlled committee, to pay, lend, or contribute, or offer or promise from paying, lending, or contributing, or offering or promising to pay, lend, or contribute, any money or other valuable consideration to or for any voter or for any other person to induce or reward the voter for specified acts, including refraining from voting at any election, voting or refraining from voting at an election for any particular person or measure, and remaining away from the polls at an election, and makes a violation of these prohibitions a crime punishable by imprisonment as specified.
This bill, in addition, would make this prohibition applicable to a political party would expand these prohibitions to also apply to inducing or rewarding a voter for the act of voting at an election. The bill would provide that these provisions do not prohibit make an exception to these prohibitions, as expanded, for a person from offering or accepting transportation to or from a polling place or other location where a ballot may be cast.
By expanding the definition of an existing crime, the bill would impose a state-mandated local program.
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 18522 of the Elections Code is amended to read:

18522.
 (a) A person, a political party, or a controlled committee shall not directly or through any other person or controlled committee pay, lend, or contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to:

(a)

(1) Induce any voter to:

(1)

(A) Refrain from voting at any election.

(2)

(B) Vote or refrain from voting at an election for any particular person or measure.

(3)

(C) Remain away from the polls at an election.
(D) Vote at an election.

(b)

(2) Reward any voter for having:

(1)

(A) Refrained from voting.

(2)

(B) Voted for any particular person or measure.

(3)

(C) Refrained from voting for any particular person or measure.

(4)

(D) Remained away from the polls at an election.
(E) Voted at an election.
(b) A person or candidate violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) This section does not prohibit a person from offering or accepting transportation to or from a polling place or other location where a ballot may be cast.

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.