BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2369|
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                                 THIRD READING


          Bill No:  AB 2369
          Author:   Block (D)
          Amended:  As introduced
          Vote:     21


           SENATE ELEC., REAP. & CONST. AMEND. COMMITTEE  : 4-0, 6/29/10
          AYES: Hancock, DeSaulnier, Liu, Strickland
          NO VOTE RECORDED: Denham

           SENATE APPROPRIATIONS COMMITTEE  : 9-0, 8/2/10
          AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Price,  
            Wolk, Wyland, Yee
          NO VOTE RECORDED: Leno, Walters

           ASSEMBLY FLOOR  :  74-0, 4/22/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Elections:  ballots

           SOURCE  :     Author


           DIGEST  :    This bill repeals the 2011 sunset on provisions  
          allowing absentee voters temporarily living outside the  
          United States to return their ballots to elections  
          officials by facsimile transmission.

           ANALYSIS  :    AB 2941 (Bates) Chapter 821, Statutes of 2004,  
          permitted special absentee voters temporarily living  
          outside the United States to return their ballots by  
          facsimile transmission.  AB 2786 (Salas), Chapter 252,  
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          Statutes of 2008, extends the sunset date for this  
          procedure to January 1, 2011.  The original legislation  
          required the Secretary of State (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. 

          The SOS reported that, for the November 2008 General  
          Election, 11,997 ballots were returned by fax and, of  
          those, 875 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 voter oath and poor  
          facsimile quality. 

          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.  Santa Clara was the only county indicated  
          the process actually delayed counting the ballots because  
          every faxed ballot required duplication.  No counties  
          recommended discontinuing this practice, and many military  
          members were reportedly grateful that this method of voting  
          was available and expressed their appreciation to county  
          election officials, who are in support of this bill.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Assembly Appropriations Committee  
          analysis, negligible fiscal impact.  It is not likely that  
          counties will submit a reimbursement claim for any minor  
          additional costs associated with counting faxed overseas  
          ballots. 

           SUPPORT  :   (Verified 8/4/10)

          American Legion, Department of California
          AMVETS, Department of California
          California Association of Clerks and Elections Officials
          California Association of County Veterans Service Officers
          County of San Diego
          Vietnam Veterans of America, California State Council 


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           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          establishes by AB 2941(Bates), Chapter 821, Statutes of  
          2004 and extended by AB 2786 (Salas), Chapter 252, Statutes  
          of 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).  This bill ensures that a permanent  
          protection for service members' voting rights is  
          established.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Blumenfield, Caballero, Huber, Huffman,  
            Norby, Vacancy


          DLW:do  8/4/10   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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