BILL ANALYSIS AB 308 Page 1 ASSEMBLY THIRD READING AB 308 (Cook) As Introduced February 17, 2009 Majority vote ELECTIONS 7-0 APPROPRIATIONS 15-0 ----------------------------------------------------------------- |Ayes:|Fong, Adams, Bill |Ayes:|De Leon, Nielsen, | | |Berryhill, Coto, Mendoza, | |Ammiano, | | |Saldana, Swanson | |Charles Calderon, | | | | |Krekorian, Duvall, | | | | |Fuentes, Monning, Harkey, | | | | |Miller, John A. Perez, | | | | |Price, Solorio, | | | | |Audra Strickland, | | | | |Torlakson | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Requires elections officials to send a special runoff ballot, on which a voter may rank all the candidates, to every overseas voter for any election for which there may be a runoff election held within 90 days of that election. Requires the elections official to tally a vote for the highest ranked candidate on a special runoff ballot if the overseas voter that cast the special runoff ballot does not return a regular ballot for the runoff election. Specifically, this bill : 1)Requires the elections official to send a "special runoff ballot" to every special absentee voter, as defined, who is temporarily living outside the United States, at every election for which there may be a runoff election held within 90 days of that election. Requires instructions to be sent with the special runoff ballot to explain the runoff voting process. 2)Requires the special runoff ballot to contain a list of all offices being contested for which there may be a runoff election held within 90 days of that election. 3)Allows the special absentee voter to indicate his or her order of preference for each candidate for each office on the special runoff ballot. AB 308 Page 2 4)Provides that, in the event of a runoff election, the elections official shall tabulate each special runoff ballot as a vote for the candidate in the runoff election who is ranked highest on the ballot. 5)Requires the elections official to tabulate the regular ballot instead of the special runoff ballot from a voter if the voter sent both ballots back and both were received before the close of polls on election day. EXISTING LAW : 1)Defines "special absentee voter" as an elector who is any of the following: a) A member of the Armed Forces of the United States (U.S.) or any auxiliary branch thereof; b) A citizen of the U.S. temporarily living outside the territorial limits of the U.S. or the District of Columbia; c) Serving on a merchant vessel documented under the laws of the U.S.; or, d) A spouse or dependent of a member of the Armed Forces or any auxiliary branch thereof. 2)Requires the county elections official to mail a ballot to all special absentee voters and overseas voters who are permanent vote by mail voters as soon as possible on or after the 60th day prior to an election. FISCAL EFFECT : According to the Assembly Appropriations Committee, 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. AB 308 Page 3 COMMENTS : According to the author, "Voters living overseas face several obstacles in exercising their right to vote. These include slow communications and mail delivery as well as unfamiliar and confusing procedures for applying for absentee ballots, receiving their ballots, and returning them. Active military personnel in combat roles are in the most difficult situation of all, since they are very mobile and in locations where traditional postal mail is understandably erratic. 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." Under the provisions of this bill, overseas voters will receive two similar ballots at the same time for certain elections. One ballot will be for the first round of the election, while the second ballot will be the "special runoff ballot" that is being provided in the event that: 1) there is a runoff election; and, 2) the voter does not have enough time to complete and return the regular ballot for that runoff election. On the first ballot, the voter will vote for his or her preferred candidate - just as he or she would in any other election - while on the special runoff ballot, the voter would rank the candidates in order of preference. Additionally, to the extent that there is a runoff, the same voter will receive a regular ballot for that runoff election at which he or she will vote for his or her preferred candidate, rather than ranking the candidates in order of preference. As a result, if this bill becomes law, at certain elections, overseas voters will receive three different ballots for two elections, even though ultimately, only two of those ballots (at most) will be counted. Additionally, the ballots will use two different voting methods - two of the ballots will ask the voter to choose his or her preferred candidate, while the third ballot will instruct the voter to rank candidates in order of preference. Given these circumstances, it is likely that there will be at least some voter confusion. AB 1662 (Cook) of 2007 was substantially similar to this bill. AB 1662 was held on the Senate Appropriations Committee's suspense file. Please see the policy committee analysis for a full discussion of this bill. AB 308 Page 4 Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN: 0000441