BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 1717 HEARING DATE: 6/15/10
AUTHOR: DE LEON ANALYSIS BY:D. CHESIN
AMENDED: 6/10/10
FISCAL: NO
SUBJECT
Ballot materials: electronic access
DESCRIPTION
Existing law requires the elections official to mail to
each voter who is registered at least 29 days prior to the
election a sample ballot and a voter's pamphlet no more
than 40 nor less than 21 days before the election. Along
with the sample ballot, the elections official must also
send notice of the voter's polling place. Voters who
register after the 29th day prior to the election will also
receive notice of their polling place. That notice must
include information as to where a voter can obtain a sample
ballot and ballot pamphlet prior to the election, a
statement indicating that those documents will be available
at the polling place at the time of the election, and the
address of the Secretary of State's (SOS) website and, if
applicable, of the county website where a sample ballot may
be viewed.
This bill provides that county and city elections officials
may establish procedures designed to permit a voter to opt
out of receiving his or her sample ballot, voter pamphlet,
notice of polling place, and associated materials by mail
and instead receive them electronically by e-mail or on the
county's or city's Internet website subject to all of the
following conditions:
The procedures provide notice of and an opportunity by
which a voter can notify elections officials of his or
her desire to obtain ballot materials electronically
instead of by mail subject to specified deadlines.
The voter's information and e-mail address are to remain
confidential, subject to existing restrictions on the
access of voter information.
The procedures provide notice and opportunity for a voter
who has opted out of receiving a sample ballot and other
materials by mail to opt back in to receiving them by
mail subject to specified deadlines.
The procedures establish a process by which a voter can
apply electronically to become a vote by mail voter.
The procedures must include a verification process to
confirm the voter's identity, either in writing with a
signature that can be matched to the one on file, or if
the request is submitted electronically it must include
the voter's California driver's license number,
California identification number, or partial social
security number.
BACKGROUND
What about the State Ballot Pamphlet ? AB 306 (Fuller),
Chapter 98 of 2009, requires the SOS to establish a process
to enable a voter to opt out of receiving the state ballot
pamphlet by mail. Where two or more voters share the same
postal address, the SOS would have to continue to mail at
least one ballot pamphlet to that address unless every
voter at the address chooses to opt out. AB 306 will only
become effective after the SOS certifies that the state has
a statewide voter registration database that complies with
the federal Help America Vote Act of 2002.
COMMENTS
1.According to the author , as more and more Californians
turn to the Internet for their research needs, and
increasingly choose to "go paperless" for communications
such as bank and billing statements, the receipt of
election materials through the mail is no longer
essential for many voters. AB 1717 would allow county
and city elections officials to offer registered voters
the opportunity to opt-out of receiving their sample
ballot, ballot pamphlet, and notice of polling place by
mail, and instead provide access to this information
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electronically (i.e. via e-mail or web site). In
addition to helping local governments save money in
printing and postage costs, this proposal would also
benefit our environment by reducing the amount of paper
that ends up at recycling centers and landfills.
2.According to the San Mateo County Board of Supervisors,
providing election materials electronically to voters
would substantially reduce the costs to counties of
compiling, printing and mailing sample ballots. In San
Mateo County, those costs average approximately $150,000
per election. In addition to the fiscal savings,
paperless distribution of voting materials is friendly to
the environment and a highly effective way of
distributing information to voters. Most importantly,
the electronic distribution of sample ballot materials is
the most convenient way for voters to access ballot
information wherever and whenever they wish prior to the
election.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Floor: 71-0
POSITIONS
Sponsor: Author
Support: City of West Hollywood
California Association of Clerks and Election
Officials
California State Association of Counties
City Clerks Association of California
City of Costa Mesa
City of Thousand Oaks
City of Torrance
City of Vista
County of San Bernardino
Los Angeles County
Monterey County
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San Mateo County
League of California Cities
State Building and Construction Trades Council,
AFL-CIO
Oppose: None received
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