California 2009 2009-2010 Regular Session

California Assembly Bill AB2101 Amended / Bill

Filed 05/20/2010

 BILL NUMBER: AB 2101AMENDED BILL TEXT AMENDED IN SENATE MAY 20, 2010 AMENDED IN ASSEMBLY APRIL 15, 2010 INTRODUCED BY Assembly Member Fong FEBRUARY 18, 2010 An act to add Sections 18112 and 18604 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 2101, as amended, Fong. Elections: prohibiting payments. (1) Existing law makes certain activities relating to voter registration a criminal offense.  (2)    This bill would authorize a court, upon finding a person guilty of engaging in prohibited voter registration activities, to  issue an order prohibiting the person, for a period of up to 5 years,   order, as a condition of probation, that the person be prohibited  from receiving money or other consideration for assisting another person to register to vote.  The bill would also provide a process to seek reconsideration of the court's order and to impose civil penalties for a violation of the order.   (3)   (2)  Existing law makes certain activities relating to the circulation of an initiative, referendum, or recall petition a criminal offense.  (4)    This bill would authorize a court  to issue an order prohibiting a person, for a period of up to 5 years  ,  upon finding a person guilty of vi   olating these provisions, to order, as a condition of probation, that the person be prohibited  from receiving money or other consideration for gathering signatures on an initiative, referendum, or recall petition  upon finding the person guilty of violating these provisions  .  This bill would also provide a process to seek reconsideration of the court's order and to impose civil penalties for a violation of the order.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18112 is added to the Elections Code, to read: 18112.  (a)     In addition to any other penalty imposed by this chapter, a court may, upon finding a person guilty of violating any provision of this chapter, issue an order prohibiting that person, for a period of up to five years,   Upon conviction of a violation of any provision of this chapter, the court may order as a condition of probation that the convicted person be prohibited  from receiving money or other valuable consideration for assisting another person to register to vote by receiving the completed affidavit of registration.  (b) A person against whom an order is issued may, upon a showing of good cause, petition the court for reconsideration of the court's order.   (c) A person who violates an order issued by the court pursuant to subdivision (a) may be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000).  SEC. 2. Section 18604 is added to the Elections Code, to read: 18604.  (a)     In addition to any other penalty imposed by this chapter, a court may issue an order prohibiting a person, for a period of up to five years, from receiving money or other valuable consideration for gathering signatures on an initiative, referendum, or recall petition upon finding the person guilty of violating any   Upon conviction of a violation of any  provision of this article, Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620), Article 5 (commencing with Section 18640), Article 6 (commencing with Section 18650), or Article 7 (commencing with Section 18660)  , the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for gathering signatures on an initiative, referendum, or recall petition  .  (b) A person against whom an order is issued may, upon a showing of good cause, petition the court for reconsideration of the court's order.   (c) A person who violates an order issued by the court pursuant to subdivision (a) may be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000).