BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 308
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        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.









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        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.








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         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.









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         Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 

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