Bill Text: CA AB1337 | 2009-2010 | Regular Session | Chaptered
Bill Title: Elections: electioneering.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 146, Statutes of 2009. [AB1337 Detail]
Download: California-2009-AB1337-Chaptered.html
BILL NUMBER: AB 1337 CHAPTERED
BILL TEXT
CHAPTER 146
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JUNE 29, 2009
PASSED THE ASSEMBLY JULY 6, 2009
AMENDED IN SENATE JUNE 8, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Evans
FEBRUARY 27, 2009
An act to amend Section 18370 of, and to add Section 319.5 to, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1337, Evans. Elections: electioneering.
Existing law makes it a crime to conduct certain political
activities within 100 feet of a polling place or an elections
official's office while the polls are open on election day.
Electioneering is one of the activities prohibited by these
provisions.
This bill would define electioneering as displaying visible or
disseminating audible information that advocates for or against any
candidate or measure on the ballot in specified locations.
This bill would extend the prohibition on specified political
activities to satellite voting locations.
Because this bill would change or expand the definition of a
crime, it 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 319.5 is added to the Elections Code, to read:
319.5. "Electioneering" means the visible display or audible
dissemination of information that advocates for or against any
candidate or measure on the ballot within 100 feet of a polling
place, an elections official's office, or a satellite location under
Section 3018. Prohibited electioneering information includes, but is
not limited to, any of the following:
(a) A display of a candidate's name, likeness, or logo.
(b) A display of a ballot measure's number, title, subject, or
logo.
(c) Buttons, hats, pencils, pens, shirts, signs, or stickers
containing electioneering information.
(d) Dissemination of audible electioneering information.
SEC. 2. Section 18370 of the Elections Code is amended to read:
18370. No person, on election day, or at any time that a voter
may be casting a ballot, shall, within 100 feet of a polling place, a
satellite location under Section 3018, or an elections official's
office:
(a) Circulate an initiative, referendum, recall, or nomination
petition or any other petition.
(b) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
(c) Place a sign relating to voters' qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
(d) Do any electioneering as defined by Section 319.5.
As used in this section, "100 feet of a polling place, a satellite
location under Section 3018, or an elections official's office"
means a distance 100 feet from the room or rooms in which voters are
signing the roster and casting ballots.
Any person who violates any of the provisions of this section is
guilty of a misdemeanor.
SEC. 3. 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.
