BILL ANALYSIS AB 308 Page 1 Date of Hearing: April 29, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 308 (Cook) - As Introduced: February 17, 2009 Policy Committee: ElectionsVote:7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill requires a local elections official to prepare a special runoff ballot-for each primary, special, or general election for which there may be a run-off election within 90 days-and send that ballot, along with the regular absentee ballot, to all qualified overseas voters. The special runoff ballot shall permit the voter to indicate their order of preference for each candidate for each office, so that the elector's vote may be counted if there is a runoff election. FISCAL EFFECT The number of run-off elections held each year statewide within the 90-day window is unknown, although several cities have such run-offs on a biennial basis. In addition, elections to fill vacancies in Congress and in the Legislature often result in a runoff. There were approximately 103,000 voters for the November 2008 election. Assuming 10% would participate in runoff elections each year statewide, and assuming 20 special runoff ballots could be processed and hand tabulated per hour at staff costs averaging $100 per hour, annual state reimbursable costs would be about $50,000. The additional cost to prepare and disseminate special instructions for the runoff ballot would be around $1,000 per election. COMMENTS 1)Purpose . According to the author, "The use of a ranked ballot insures that the tight deadlines imposed by the two-round runoff election format will not leave out overseas voters, including those in the armed forces. It has already been used successfully in Louisiana and Arkansas and was recently AB 308 Page 2 adopted in South Carolina as well. The number of elections in California that would be affected is relatively small, however, every voter's right to vote is sacrosanct, and every election is important." 2)Prior Legislation . This bill is substantially similar to AB 1662 (Cook), 2007, which was held on Suspense in Senate Appropriations. AB 188 (Maze)/Chapter 347 of 2003, (a) made all overseas voters permanent absentee voters, thereby eliminating the need for overseas military voters and other overseas voters to request an absentee ballot for each separate election, (b) required that all overseas voters be mailed an absentee ballot 60 days before the election, to ensure that the voter has sufficient time to receive, complete, and return his or her absentee ballot, and (c) allowed the elections official to send an overseas voter his or her absentee ballot by electronic transmission. AB 2941 (Bates)/Chapter 821 of 2004, permits special absentee voters who are temporarily living outside the United States to return their ballots by facsimile transmission. 3)Opposition . The California Association of Clerks and Elections Officials was opposed to the substantially similar AB 1662 of 2007, citing concerns that use of the special runoff ballot could engender much confusion among voters. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081