BILL ANALYSIS
AB 308
Page 1
ASSEMBLY THIRD READING
AB 308 (Cook)
As Amended May 11, 2009
Majority vote
ELECTIONS 7-0 APPROPRIATIONS 15-0
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
FN: 0000552