Bill Text: CA AB544 | 2023-2024 | Regular Session | Amended

California Assembly Bill 544

Bill Title: Voting: county jails.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-01-29 - In Senate. Read first time. To Com. on RLS. for assignment. [AB544 Detail]

Download: California-2023-AB544-Amended.html

Amended IN Assembly January 22, 2024

Amended IN Assembly April 10, 2023

Amended IN Assembly March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 544

Introduced by Assembly Member Bryan

February 08, 2023

An act to add Chapter 10 (commencing with Section 2750) to Division 2 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 544, as amended, Bryan. Voting: county jails.

Under existing law, a person is authorized to vote if that person is a United States citizen, a resident of California, at least 18 years of age, and not imprisoned for the conviction of a felony. Existing law further specifies conditions under which a person may register to vote, vote in person, vote by mail, vote a provisional ballot, and receive a replacement ballot.

This bill would require ~~a county jail facility, for elections held on or after November 1, 2024, to provide a~~ the Secretary of State to, upon appropriation of funds for this purpose, operate a program to provide grants to 3 counties to improve voter participation in jail facilities, as defined. The bill would require grantees to establish a new polling location, as defined, that permits any eligible incarcerated person to perform specified activities, including registering to vote and voting, returning a vote by mail ballot, voting a provisional ballot, and receiving a replacement ballot. The bill would require the county elections official to work with the county sheriff or county jail facility administrator to design and implement a program that establishes a polling location at each facility and to post the plan for the program on the county elections official’s internet website. The In counties administering grants under these provisions, the bill would require the county sheriff or ~~county~~ jail facility administrator to designate an employee as a voting coordinator at each facility who will be responsible for ensuring compliance with requirements pertaining to polling locations, for maintaining voter education materials in the jail library, and for posting informational flyers regarding voting rights and eligibility to vote, among other duties. The bill would require the Secretary of State to prepare a related training for voting coordinators.

~~By imposing new duties on local officials, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

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

SECTION 1.

The Legislature finds and declares as follows:

(a) The right to vote is fundamental and is guaranteed to all eligible citizens in the California Constitution. All citizens are granted the power to contribute to their local, state, and national government by voting in elections to convey opposition to or support for policies or public officials. The right to vote and participate in the democratic process is, like paying taxes, as much a civic responsibility as it is a civil right. Thus, governing bodies possess a moral, ethical, and fiduciary duty to fiercely protect the right to vote for all citizens.

(b) Among those persons who are entitled to exercise the right to register to vote and to vote in our state are persons with prior criminal convictions and persons who are currently incarcerated in California’s local detention facilities, with certain exceptions. Regardless, statistics collected during each election cycle indicate that incarcerated persons, a group that is overwhelmingly comprised of people from low-income communities of color, experience significant challenges to voting due to structural barriers created within the criminal justice system. Fostering the right to vote and making voting materials and information accessible for eligible incarcerated persons is essential.

(c) Models of voter engagement in California and other states have increased voter participation among persons held in local jails, have provided safe, secure elections, and have supported rehabilitation by reinforcing values of civic engagement and participation in democratic governance.

SEC. 2.

Chapter 10 (commencing with Section 2750) is added to Division 2 of the Elections Code, to read:

CHAPTER 10. Voting in County Jails

2750.
(a)For an election held on or after November 1, 2024, a county jail facility shall provide a polling location. For purposes of this section, “polling location” means a polling place, vote center, or other means at the county jail facility that permits an eligible incarcerated person to perform the activities specified in subdivision (b).
(b)The county elections official shall coordinate with the county sheriff or county jail facility administrator to establish a polling location at each county jail facility that permits an eligible incarcerated person to do any of the following at the polling location:

2750.

(a) Using funds appropriated for this purpose, the Secretary of State shall operate a grant program to provide grants to three counties to design and implement the program described in subdivision (d) and improve voter participation in jail facilities. The grants shall be issued in a timely fashion, in order to support increased participation in the November 3, 2026, statewide general election and subsequent statewide elections. Grants shall be administered by the county elections office to coordinate with county sheriffs or jail administrators to provide one or more polling locations accessible to incarcerated persons.

(b) For purposes of this section, the following terms have the following meanings:
(1) “Jail facility” means a city jail, county jail, or any other local government facility that houses incarcerated persons. “Jail facility” does not include a state or federal prison facility.
(2) “Polling location” means a polling place, vote center, or other means at the jail facility that permits an eligible incarcerated person to perform the activities specified in subdivision (c).
(c) A county that receives grant funds under this section shall, at minimum, establish a new polling location at one or more jail facilities that permits an eligible incarcerated person to do any of the following at the polling location:

(1) Return, or vote and return, the voter’s vote by mail ballot.

(2) Register to vote, update the voter’s voter registration, and vote pursuant to Section 2170.

(3) Receive and vote a provisional ballot pursuant to Article 5 (commencing with Section 14310) of Chapter 3 of Division 14.

(4) Receive a replacement ballot upon verification that the county elections official has not received a ballot for the same election from the voter. If the county elections official is unable to determine if they have received a ballot for the same election from the voter, the county elections official may issue a provisional ballot.

(5) Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience.

~~(c)~~

(d) The county elections official shall coordinate with the county sheriff or county jail facility administrator to design and implement a program to establish a new polling location at ~~each county~~ one or more jail ~~facility~~ facilities at which an eligible incarcerated person may perform the activities specified in subdivision ~~(b).~~ (c). A plan describing the program shall be posted on the county elections official’s internet website. After consulting with county elections officials and county sheriffs, the Secretary of State shall adopt regulations prescribing best practices and minimum requirements for these ~~programs.~~ programs, in addition to the standards prescribed in subdivision (c).

~~(d)(1)The~~

(e) (1) In a county administering a grant in accordance with this section, the county sheriff or ~~county~~ jail facility administrator shall designate an employee as a voting coordinator at each ~~county~~ jail facility with a polling location who shall be responsible for the facility’s compliance with the requirements of this chapter. The responsibilities of the voting coordinator shall also include, but are not limited to, all of the following:

(A) Ensuring voter registration forms are continuously available to incarcerated persons and providing them with information regarding how to complete the forms and relevant deadlines for completing them.

(B) Ensuring the ~~county~~ jail facility maintains in its library updated nonpartisan voter education materials and information regarding the voting rights and eligibility of an incarcerated or formerly incarcerated person, including information and materials published by the Secretary of State and the county elections official.

(C) At least 60 days prior to an election and continuing through election day, posting in a conspicuous location in housing and common areas to which incarcerated persons have access, informational flyers regarding the voting rights and eligibility of an incarcerated person or a person with a criminal history, including informational flyers published by the Secretary of State and the county elections official. The informational flyers shall be translated in all languages required of the jurisdiction pursuant to subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

(2) The voting coordinator shall make reasonable efforts to coordinate with the county elections official to implement this subdivision.

(3) The voting coordinator shall complete a training prepared by the Secretary of State and made available on the Secretary of State’s internet website that includes, but is not limited to, information regarding voter rights, voter eligibility, polling place requirements, and other related ~~elections~~ election laws as determined by the Secretary of State.

(e)At least 60 days prior to an election, the county sheriff or county jail facility administrator may, in coordination with other government groups or non-profit organizations, hold an informational session in a county jail facility that includes conducting in-person nonpartisan voter education efforts and providing nonpartisan voter education information and materials regarding voter eligibility requirements, deadlines, and steps to register to vote and vote.
~~(f)~~

(f) The county sheriff or ~~county~~ jail facility administrator shall, at a minimum, develop policies and procedures that do both of the following with respect to incarcerated persons:

(1) Ensure all registration forms and completed vote by mail ballots are timely submitted to the appropriate elections official.

(2) Ensure the secrecy of the ballot is protected pursuant to Section 7 of Article II of the California Constitution.

~~(g)~~

(g) The county sheriff shall provide voter eligibility information for incarcerated or formerly incarcerated persons, as applicable, upon intake to, and discharge from, the county jail.

(h) At least 60 days prior to an election, the county sheriff or jail facility administrator may, in coordination with other government groups or non-profit organizations, hold an informational session in a jail facility that includes conducting in-person nonpartisan voter education efforts and providing nonpartisan voter education information and materials regarding voter eligibility requirements, deadlines, and steps to register to vote and vote.

SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.