AB 170

Current law allows any member of the public to observe the conduct of an

election at a polling place or at a site for voting by absentee ballot in person. An

individual may also observe the canvassing of absentee ballots. Under current law,

an election observer must print his or her name and sign and date a log maintained

by the municipal clerk or chief inspector. In addition, the clerk or chief inspector

must designate an observation area that is not less than three feet from nor more

than eight feet from the table where voters announce their name and address and

not less than three feet from nor more than eight feet from the table where

individuals are registered to vote. The clerk or chief inspector must establish the

observation area at a location where an observer may readily observe all aspects of

the voting process. Finally, the clerk or chief inspector may remove an election

observer who disrupts the voting process, engages in electioneering, or posts

election-related material.

Current law also requires a board of canvassers to publicly conduct all steps of

a recount. During the conduct, the person who petitioned for the recount, the

opposing candidates, and other interested persons are entitled to be present in

person and by counsel to observe the proceedings.

This bill requires the municipal clerk, chief inspector, and board of canvassers

to provide election observers uniform and nondiscriminatory access to all stages of

the election process, including recounts. Under the bill, an election observer must

wear a badge with the name of the observer and the name of the organization, if any,

the observer is representing. The observer may not wear any campaign material

advocating voting for or against a candidate or for or against any position on a ballot

question. An observer who violates this prohibition may be expelled from the

location where the observer is observing election procedures, but an observer who

violates the prohibition more than once is considered to be engaged in disorderly

conduct and guilty of a Class B misdemeanor. In addition, an election observer may

not interfere with a voter nor hinder an election official in the performance of his or

her duties. An observer who violates this prohibition is subject to a forfeiture not to

exceed $500.

Finally, the bill expands the observation area required under current law so

that it is not more than three feet from the table where voters announce their name

and address and not more than three feet from the table where individuals are

registered to vote.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.