The bill would amend the Elections Code as it relates to aid provided to certain voters.  The provisions of the bill that enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, punishment would be enhanced from a misdemeanor to a state jail felony for unlawful voter assistance (Class A), carrier envelope action by person other than a voter (Class B), and violations of assisting voters (Class A). The bill would also enhance punishment from a state jail felony to a felony of the third degree for carrier envelop action by person other than a voter and violations of the assisting voters if the person is convicted of unlawful voter assistance.

 
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. 

 
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In fiscal year 2012, less than five offenders were arrested, placed on community supervision, or were released from community supervision for unlawful voter assistance.  In fiscal year 2012, less than five offenders were arrested, admitted to state jail, were released from state jail, placed on community supervision, or released from community supervision for carrier envelope action by person other than a voter. In fiscal year 2012, less than five offenders were arrested, admitted to state jail, released from state jail, placed on community supervision, or released from community supervision for violating the assisting voter statute.  For this analysis, the Legislative Budget Board assumes the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.