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Kevin Mullin mulls election recount reform bill

The politically ugly recount now under way in the race for state controller has inspired a Bay Area Assemblyman to start working on a bill to reform the election recount process.

Kevin MullinAssemblyman Kevin Mullin, D-South San Francisco, announced Wednesday he’s researching ways to ensure the recount process in future statewide elections is fair to all candidates, and he plans to introduce a bill when the Legislature returns from its summer recess.

Mullin said options might include setting a threshold that automatically triggers the recount process for very close races, the development of a recount standard across counties, and a state-funded recount process.

“California is in uncharted territory with the Controller’s race recount,” Mullin said in a news release. “It’s imperative to our system of governance that the election process is fair and transparent for all voters and candidates. We are actively researching a variety of options and engaging in discussions with the Secretary of State’s office so we can craft comprehensive legislation on this issue.”

Fresno Mayor Ashley Swearengin, a Republican, clearly finished first in the primary election for controller, but Board of Equalization member Betty Yee edged out fellow Democrat and Assembly Speaker Emeritus John Perez by 481 votes in their race to finish second. Perez has demanded a recount, specifying 15 counties in which he did better than Yee.

Current law lets a candidate demanding a recount specify not only which counties but even specific precincts and the order in which they’re recounted; the candidate must pay for the recount on a daily basis but can stop the process whenever a desired result is achieved. (Clarification: All of the ballots in each county included in a recount request must be recounted in order to change the result, though Perez could halt the recount between any of the 15 counties he specified if he gets a number he wants.) The other candidate can then choose whether or not to demand a recount too. Critics note this gives an advantage to whoever can better afford a recount – in this case, Perez.

“When the recount process is necessary, it should be easily implemented and every vote valued and counted equally,” Mullin said.

Mullin said he also plans to pursue legislation to standardize county-by-county vote counting and reporting procedures for vote-by-mail ballots that are dropped off at polling places on Election Day. His goal is to avoid the kinds of delays experienced in this year’s controller’s race as county vote tallies were aggregated and reported on the Secretary of State’s website.

Posted on Wednesday, July 16th, 2014
Under: Assembly, Kevin Mullin | No Comments »

New laws bar threats against illegal immigrants

The TRUST Act wasn’t the only immigration-related bill that Gov. Jerry Brown signed into law this weekend: Others could cost businesses their business licenses and hefty fines if they threaten workers based on their immigration status.

SB 666 by state Senate President Pro Tem Darrell Steinberg makes it illegal to report or threaten to report workers’ immigration or citizenship status, or that of their family, in retaliation of an employee filing a complaint of unsafe working conditions, sexual harassment, or otherwise attempting to exercise his or her rights in the workplace.

Employers and businesses found violating this new law could be subject to civil penalties of up to $10,000 per incident, and with business license suspension or revocation under certain conditions. Steinberg, D-Sacramento, issued a statement calling the new law “another tremendous victory for civil rights.”

“Workers deserve fairness and safe conditions when they go to their jobs every day without the fear of retaliation when they stand up for their rights. Our labor laws are supposed to protect all California workers, regardless of their immigration status,” he said. “When employers use threats and intimidation like this, the voice of workers is silenced and law-abiding businesses face unfair competition. This law will ensure justice.”

Steinberg said there’ve been many cases in which employers ignore immigration status when hiring, but then use threats of deportation when workers stand up for themselves. This new law prohibits that and clarifies that an employer can’t retaliate against an employee who makes a written or oral complaint regarding unpaid wages, adding a civil penalty of up to $10,000 for violations of California Labor Code Section 98.6.

“There are people every day who come into our office with valid claims (and) with valid complaints,” Michael Marsh, an attorney with California Rural Legal Assistance, said in Steinberg’s news release. “Their rights have been violated and yet they’re afraid … Even when they’re told that they have these protections they don’t want to pursue these claims because they fear deportation. This is a persistent problem and I think it really needs to be addressed.”

In a similar vein, Brown also signed into law AB 524 by Assemblyman Kevin Mullin, which includes threats to report a person’s immigration status in the definition of extortion.

A recent National Employment Law Project report found labor violations and retaliation have become widespread in California’s low-wage labor market. Jose Mejia, director of the California State Council of Laborers, called the bill “a major step toward improving job quality in the low-wage jobs that fuel our state’s economy and to remove the ability of employers to use immigrant status for retaliation or other unlawful purposes.”

Mullin, D-San Mateo, noted “California is home to over one quarter of the immigrants who live in the United States. We have a civic obligation to ensure our laws adequately protect all people from exploitation and workplace retaliation based on immigration status.”

Brown also on Saturday signed:

    AB 35 by Assemblyman Roger Hernández, D-West Covina – Provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals are the only individuals authorized to charge a fee for providing services associated with filing an application under the U.S. Department of Homeland Security’s deferred action program.
    AB 1024 by Assemblywoman Lorena Gonzalez, D-San Diego – Allows applicants, who are not lawfully present in the United States, to be admitted as an attorney at law.
    AB 1159 by Gonzalez – Imposes various restrictions and obligations on persons who offer services related to comprehensive immigration reform.
    SB 141 by Sen. Lou Correa, D-Santa Ana – Requires that the California Community Colleges and the California State University, and requests that the University of California, exempt a United States citizen who resides in a foreign country, and is in their first year as a matriculated student, from nonresident tuition if the student demonstrates financial need, has a parent or guardian who was deported or voluntarily departed from the U. S., lived in California immediately before moving abroad, and attended a secondary school in California for at least three years.
    SB 150 by Sen. Ricardo Lara, D-Bell Gardens – Authorizes a community college district to exempt pupils attending community colleges as a special part-time student from paying nonresident tuition.

Posted on Monday, October 7th, 2013
Under: Assembly, California State Senate, Darrell Steinberg, Immigration, Jerry Brown, Kevin Mullin | 19 Comments »

Bay Area’s new Assembly leadership assignments

Here are your Bay Area Assembly members’ leadership assignments for the 2013-14 session, made today by Speaker John Perez, D-Los Angeles:

Leadership
Speaker pro Tempore: Nora Campos, D-San Jose
Assistant Speaker pro Tempore: Kevin Mullin, D-South San Francisco
Rules Committee Chair: Nancy Skinner, D-Berkeley

Committee and Subcommittee Chairs
Accountability and Administrative Review Committee: Jim Frazier, D-Oakley
Budget Subcommittee No. 2 (Education Finance): Susan Bonilla, D-Concord
Business, Professions & Consumer Protection Committee: Rich Gordon, D-Los Altos
Education Committee: Joan Buchanan, D-Alamo
Elections and Redistricting Committee: Paul Fong, D-Mountain View
Judiciary Committee: Bob Wieckowski, D-Fremont
Public Employees, Retirement & Social Security Committee: Rob Bonta, D-Alameda
Public Safety Committee: Tom Ammiano, D-San Francisco

Also, Fong was elected chairman of the Asian & Pacific Islander Legislative Caucus.

Posted on Monday, December 3rd, 2012
Under: Assembly, Bob Wieckowski, Jim Frazier, Kevin Mullin, Nancy Skinner, Nora Campos, Paul Fong, Rich Gordon, Rob Bonta, Susan Bonilla, Tom Ammiano | No Comments »