BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           308 (Cook)
          
          Hearing Date:  8/17/2009        Amended: 5/11/2009
          Consultant:  Maureen Ortiz      Policy Vote: ER&CA 4-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 308 requires county elections officials to  
          prepare a special runoff ballot for special absentee voters to  
          be counted if there is a runoff election for any of the offices  
          on that ballot.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          Runoff ballots                             -------potentially  
          $100 annually---------          General*

          *Reimbursable local mandate.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.
          
          Preliminary estimates for county elections officials to prepare  
          initial runoff ballots, conduct voter outreach, and consequently  
          manually count runoff ballots could exceed $100,000 per  
          election, although the actual number of run-off elections that  
          will be held is unknown.  These costs would constitute a state  
          reimbursable local mandate, and would therefore be paid from the  
          General Fund. There were approximately 103,000 special absentee  
          voters in the November 2008 election.  If 5,000 special runoff  
          ballots are sent annually, with an average cost of $20 each for  
          printing, mailing and processing the ballots, instructions, and  
          return envelopes, costs would be $100,000.

          Current law defines "special absentee voter" as an elector who  
          is any of the following:  1) a member of the armed forces of the  
          United States, 2) a United States citizen temporarily living  
          outside the territorial limits of the country, 3) a person  
          serving on a merchant vessel documented under the law of the  
          United States, or 4) a spouse or dependent of a member of the  










          armed forces.

          Current law requires the elections official to mail a ballot to  
          special absentee voters as soon as possible on or after the 60th  
          day prior to an election to ensure that the voter has sufficient  
          time to receive, complete, and return his or her absentee  
          ballot.  To help accommodate and facilitate the voting by  
          special absentee voters, AB 2941 (Bates), Chapter 821, Statutes  
          of 2004, permits these voters to return their ballots by  
          facsimile transmission.  This law was enacted to accommodate  
          voters who, due to the potential delays in international mail  
          delivery, or the structural barriers present in combat areas,  
          may not be able to receive, vote, and return an absentee ballot  
          in the 60 day period provided for overseas absentee voters.   
          California law also allows the elections official to transmit an  
          absentee ballot to an overseas voter by facsimile or other  
          electronic transmission.


          Page 2
          AB 308 (Cook)



          AB 308 will provide that 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 there is a runoff election.  On the  
          first ballot, the voter will vote for his or her preferred  
          candidate as currently done during any election, however, the  
          second ballot will be used to rank the candidates in order of  
          preference.  

          The California Association of Clerks and Election Officials  
          notes that not only does the receipt of multiple ballots for the  
          same election present confusion to overseas voters, it is also  
          possible that other races and ballot measures may be added to  
          the runoff ballot after the initial election.  In these  
          instances, a second runoff ballot would have to be sent which  
          could result in considerable confusion for voters.

          The purpose of the special runoff ballot is to accommodate  
          overseas voters who may not have sufficient time to receive,  
          vote and return a regular runoff ballot in time for it to be  
          counted by the close of polls on elections day.  In California,  










          runoff elections which sometimes occur in special elections held  
          to fill vacancies in the Legislature or Congress are generally  
          scheduled 8 or 9 weeks after the first round election, however,  
          some cities have charters that require runoff elections to be  
          held in a shorter timeframe making it sometimes difficult for  
          overseas voters to receive, vote, and return their ballots on  
          time.