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  








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            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
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           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  








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               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  








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               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