The bill provides that no person may make use of or threaten to make use of force, violence, restraint, or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting at an election, to refrain from registering to vote at an election, or to vote or refrain from voting for or against a particular candidate or referendum question at an election. Violators may be fined not more than $100,000 or imprisoned for not more than three years, or both. Current law contains similar but not identical prohibitions, and under current law, violators may be fined not more than $10,000 or imprisoned for not more than three years and six months, or both.

The bill also provides that no person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. Violators may be fined not more than $50,000 or imprisoned for not more than two years, or both.

The bill also permits any elector of this state to sue for injunctive relief, a court order requiring or prohibiting certain action, or any other appropriate relief, to compel compliance with the bill’s prohibitions and requirements relating to voter intimidation, suppression, and protection. Currently, an elector may be required to pursue administrative relief before filing suit and in some cases must petition a district attorney or the attorney general to file suit on his or her behalf.

The bill creates a voter bill of rights that municipal clerks and boards of election commissioners must post at each polling place. The bill of rights informs voters that the voters have the right to do all of the following:

1. Vote if registered and eligible to vote.

2. Inspect a sample ballot before voting.

3. Cast a ballot if in line when the polling place closes or, if voting by in-person absentee ballot on the last day for which such voting is allowed, when the municipal clerk’s office closes.

4. Cast a secret ballot.

5. Get help casting a ballot if disabled.

6. Get help voting in a language other than English as provided by law.

7. Get a new ballot, up to three ballots in all, if the voter makes a mistake on the ballot.

8. Cast a provisional ballot as provided by law.

9. Have the voter’s ballot counted accurately.

10. Vote free from coercion or intimidation.

11. Report any illegal or fraudulent election activity.

Currently, municipal clerks and boards of election commissioners are directed by law to post specified materials at each polling place. Currently, the Elections Commission is also directed to ensure that in any jurisdiction in this state that is required under federal law to provide voting materials in a language other than English, the voting system used in that jurisdiction is in compliance with federal law.

This bill permits the commission to authorize another means of providing notice to electors of the information required to be posted if the commission determines that the alternative means of providing notice is at least as effective as posting.

The bill also requires that at each polling place located in a jurisdiction that is required under federal law to provide voting materials in a language other than English, all required postings must be made in that language as well as in English unless otherwise permitted by the commission. In addition, the bill directs the municipal clerk or board of election commissioners of any such jurisdiction to contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of these individuals, and to endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

Under current law, the Elections Commission is required to publish an election manual explaining the duties of election officials. The election manual is subject to periodic review and revision and must emphasize that election officials should help, not hinder, electors in exercising their voting rights.

The bill provides a number of additional requirements for the election manual, including that the election manual be written in clear, unambiguous language; be indexed by subject; contain specific examples of common problems encountered at polling places on election day and detailed, specific procedures for resolving those problems; and include an explanation of the laws and rules governing solicitation at polling places, the rights of voters, and security procedures and other procedures to be followed at polling places.

Currently, the Elections Commission and municipal clerks must provide public access to information in the records of the commission and clerks unless otherwise provided by law or unless the custodian demonstrates that the public interest in withholding public access outweighs the public interest in providing that access. The bill provides that whenever the commission or a county or municipal clerk or board of election commissioners has the telephone number or email address of an elector that is voluntarily provided by the elector to the commission or to the clerk or board, the commission and the clerk and board are prohibited from providing access to that information except to election officials and employees to be used for the administration of elections.

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.