BILL ANALYSIS AB 2369 Page 1 Date of Hearing: April 6, 2010 ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING Paul Fong, Chair AB 2369 (Block) - As Introduced: February 19, 2010 SUBJECT : Elections: ballots. SUMMARY : Repeals the sunset date on a provision of law that allows ballots from overseas voters to be returned by fax. Specifically, this bill repeals the sunset on a provision of law that permits a special absentee voter who is temporarily living outside the United States (U.S.) to return his or her ballot by facsimile transmission to the elections official. EXISTING LAW 1)Defines a "special absentee voter" as an elector who is any of the following: a) A member of the Armed Forces of the U.S. or any auxiliary branch thereof; b) A citizen of the U.S. temporarily living outside of 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)Permits a special absentee voter who is temporarily living outside the territorial limits of the U.S. or the District of Columbia to return his or her ballot by facsimile transmission at any election until January 1, 2011. Provides that a ballot returned by facsimile transmission must be received by the elections official no later than the closing of the polls on election day. 3)Requires any ballot returned by facsimile transmission to contain an "identification envelope" containing all the information required on the vote by mail identification envelope. Requires any ballot returned by facsimile transmission to contain an oath of voter declaration that AB 2369 Page 2 requires the voter to waive his or her right to have his or her ballot kept secret. 4)Requires the county elections official to adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission. 5)Required the Secretary of State (SOS) to report by December 31, 2008, on the number of ballots returned by fax pursuant to state law and on any benefits and problems derived from allowing ballots to be returned by fax. FISCAL EFFECT : Unknown. State-mandated local program; contains a crimes and infractions disclaimer; contains reimbursement direction. AB 2369 Page 3 COMMENTS : 1)Purpose of the Bill : According to the author: Established by AB 2941(Bates) in 2004 and extended by AB 2786 (Salas) in 2008, current law allows a voter who is temporarily living outside of the territorial limits of the United States, the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot has to be received by the close of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. The statutes that protect the voting rights of men and women in uniform serving outside the United States will expire in 2011. Faxed voting ballots are a proven and effective means of voting by service members and others living temporarily overseas (In the 2008 General Election over 8,000 members of the Armed Services cast their votes with a faxed ballot). AB 2369 will ensure that a permanent protection for service members' voting rights is established. 2)Secretary of State's Report on Military and Overseas Faxed Ballots : In 2004, the Legislature approved and the Governor signed AB 2941 (Bates), Chapter 821, Statutes of 2004, which permits a special absentee voter who is temporarily living outside the U.S. to return his or her ballot by facsimile transmission. AB 2941 required the SOS to report by December 31, 2008 on the benefits and problems of allowing voters to return ballots by fax and on the number of ballots returned by fax pursuant to AB 2941. The SOS writes in their report: The Secretary of State surveyed elections officials in each of California's 58 counties in December 2008 regarding the number of voted ballots returned by facsimile transmission in the categories of military voters (domestic and overseas) and non-military overseas voters for the November 4, 2008, General Election. This breakdown was patterned after the categories requested by the federal Election Assistance Commission in the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) portion of its 2008 Election Day Survey for consistency and ease of completion. It should be noted that seven counties did not AB 2369 Page 4 differentiate military from non-military overseas voters. The Secretary of State survey also asked each county to provide the number of facsimile ballots counted and the number rejected or not counted. Finally, the survey solicited comments and recommendations regarding any benefits or problems counties experienced with the receipt of facsimile ballots. None of the counties recommended discontinuing the practice of accepting facsimile special absentee ballots. County elections officials believe that military and overseas voters should continue to be allowed to send their completed ballots in by facsimile, especially because these votes may be disadvantaged by having to rely on traditional means to return ballots before the polls close on Election Day. During the November 4, 2008, General Election, county officials were able to resolve most problems, such as the failure to return the signed oath of voter with the faxed ballot, by contacting the voter and obtaining all required forms. According to the 58 counties that responded to the survey, 11,997 ballots were returned by fax for the November 4, 2008, General Election. Of those, 875 faxed ballots were rejected and were not counted. The most common reasons for rejection were the failure on the part of the voter to forward or sign the oath of voter and poor facsimile quality. Sixteen counties reported having received incomplete or illegible ballot packages, i.e., the oath of voter was not faxed with the ballot, there were missing pages, or portions of the ballot did not come through clearly. In most cases, county elections officials were able to contact the voter to correct the deficiency by sending them additional documents. Ten counties experienced a substantial increase in the number of special absentee voters and two of those counties reported that additional processing time was necessary for duplicating ballots due the quality of the facsimile transmissions. However, only one of the 58 counties, Santa Clara County indicated the process actually delayed the AB 2369 Page 5 counting of the ballots because every faxed ballot required duplication. Notably, the three counties that experienced the highest volume of facsimile ballots (Los Angeles, Orange, and San Diego counties) each expressed support for continuing the program. Many military members were reportedly grateful that this method of voting was available and expressed their appreciation to county election officials. 3)Argument in Support : In support of this bill, the California Association of Clerks and Election Officials writes: This bill removes the sunset clauses associated with the provisions allowing ballots to be transmitted by fax to and from those voters who are temporarily living outside the United States or those who have been called to military service. These provisions, which are set to sunset on January 1, 2011, have enfranchised many voters who would not have been able to participate otherwise due to the time necessary for mail delivery in many of these locations. REGISTERED SUPPORT / OPPOSITION : Support California Association of Clerks and Election Officials Opposition None on file. Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094