Bill Text: CA AB1033 | 2013-2014 | Regular Session | Amended


Bill Title: Corruption of voters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1033 Detail]

Download: California-2013-AB1033-Amended.html
BILL NUMBER: AB 1033	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

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.
State-mandated 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.  
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