BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 413|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 413
Author: Yamada (D), et al.
Amended: 5/24/11 in Senate
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 6/21/11
AYES: Correa, La Malfa, De León, Gaines, Lieu
ASSEMBLY FLOOR : 50-22, 4/11/11 - See last page for vote
SUBJECT : Elections: all-mailed ballot elections
SOURCE : Yolo County Clerk/Recorder
DIGEST : This bill creates a pilot program allowing Yolo
County to conduct not more than three local elections as
all-mailed ballot elections, as specified. Sunsets on
January 1, 2018.
ANALYSIS : According to the author, "The popularity of
voting by mail in local and State elections has steadily
increased in California since the state began permitting
voters to register as permanent mail ballot voters in 2001.
Many voters prefer the convenience of voting by mail,
which traditionally costs County Registrars less per vote
than poll voting. Research indicates that all-mail ballot
elections tend to increase turnout, decrease costs and do
not result in voter fraud, yet we do not have detailed
reports that evaluate these specific claims. AB 413 will
allow Yolo County to conduct up to three local all
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vote-by-mail elections subject to prescribed conditions to
determine their effect on voters who traditionally vote at
the polls."
Under state law, any voter can request a vote by mail (VBM)
ballot for any election, and any voter can become a
permanent VBM voter. Permanent VBM voters automatically
receive a ballot in the mail for every election, without
the need to re-apply for a VBM ballot. As such, any voter
who prefers to vote by mail has the ability to do so under
existing law. This bill explicitly requires Yolo County to
report back to the Legislature on the impact that
all-mailed ballot elections had on turnout of voters by
permanent VBM status. As a result, this pilot project may
provide the Legislature with more information about whether
all-mailed ballot elections may, in some circumstances, be
more convenient for voters than traditional elections.
AB 1681 (Yamada, 2010) and AB 1228 (Yamada, 2009), both
were similar to this bill. Both bills were vetoed by
Governor Schwarzenegger, who expressed concern that the
small number of polling places at all-mailed ballot
elections could make it more difficult for citizens,
including the poor, elderly, and disabled, to vote.
This bill:
1. Allows elections held on no more than three different
dates in Yolo County to be conducted wholly by mail,
subject to the following conditions:
A. The governing body of the city, county, or
district, by resolution, authorizes the all-mailed
ballot election and notifies the Secretary of State
(SOS) of its intent to conduct an all-mailed ballot
election at least 88 days prior to the date of the
election.
B. The election does not occur on the same date as a
statewide primary or general election or any other
election conducted in an overlapping jurisdiction
that is not consolidated and conducted as an
all-mailed ballot election.
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C. The election is not a special election to fill a
vacancy in a state office, the Legislature, or
Congress.
D. At least one ballot dropoff location is provided
in each city within the jurisdiction and is open
during business hours to receive voted ballots
beginning 28 days before the date of the election and
until 8 p.m. on the day of the election.
E. At least one polling place is provided per city
where voters can request a ballot between 7 a.m. and
8 p.m. on the day of the election if they have not
received their ballots in the mail or if they need
replacement ballots for any other reason.
F. Upon request of the city, county, or district, the
elections official, at his/her discretion, may
provide additional ballot dropoff locations and
polling places.
G. The elections official delivers to each voter all
supplies necessary for the use and return of the mail
ballot, including an envelope for the return of the
voted mail ballot with postage prepaid.
H. The elections official delivers to each voter,
with either the sample ballot or with the voter's
ballot, a list of the ballot dropoff locations and
polling places provided under this bill. The list of
dropoff locations and polling places must also be
posted on the Internet Web site of the county
elections office.
I. The return of voted ballots is subject to the same
procedures for the return of VBM ballots at a regular
election.
J. The polling places provided pursuant to this bill
are at accessible locations and are equipped with
voting units or systems that are accessible to
individuals with disabilities and that provide the
same opportunity for access and participation,
including the ability to vote privately and
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independently.
K. Requires that a ballot dropoff location consist of
a locked ballot box located in a secure public
building that meets the accessibility requirements
for a polling place.
2. Requires, if Yolo County conducts an all-mailed ballot
election pursuant to the provisions of this bill, that
the county report to the Legislature and to the SOS
regarding the success of the election. Requires the
report to include, but not be limited to, any statistics
on the cost to conduct the election; the turnout of
different populations, including, but not limited to,
the population categories of race, ethnicity, age,
gender, disability, permanent VBM status, and political
party affiliation, to the extent possible; the number of
ballots that were not counted and the reasons why they
were rejected; voter fraud; and any other problems that
became known to the county during the election or
canvass. Requires the report, whenever possible, to
compare the success of the all-mailed ballot election to
similar elections not conducted wholly by mail in the
same jurisdiction.
3. Requires the report to be submitted to the Legislature
within six months after the date of an all-mailed ballot
election or prior to the date of any other all-mailed
ballot election conducted under this bill, whichever is
sooner.
4. Contains a January 1, 2018 sunset date.
Background
Several California counties have conducted all-mail ballot
elections. Monterey conducted one of the first VBM
elections ever held in the United States in 1977. Alpine
County conducted its first all-mail election in November
1993 for a countywide special election. San Diego used
all-mail balloting in May 1981 for a measure proposing to
build a convention center and Stanislaus County conducted
the 1993 Statewide Special election as all-mail. Although
many of these elections proved successful in reducing
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election costs, the counties did not scientifically compile
information and report data to the state and therefore the
state could not properly analyze data to determine how
all-mail ballots affect voter turnout.
Monterey Pilot Project . AB 319 (Salinas), Chapter 385,
Statutes of 2001, allowed Monterey County to conduct any
election within the county wholly by mail, provided that
the election did not contain a state or federal office.
The bill specified that it was to serve as a pilot project
for mailed ballot elections, and required Monterey County
to report to the Legislature and the SOS regarding the
success of the election, including, but not limited to, any
statistics on the increase of voter fraud. The pilot
project ended on December 31, 2005. AB 591 (Salinas,
2006), sought to extend the pilot project until December
31, 2008, but that bill failed after never being heard in
the Senate Elections, Reapportionment and Constitutional
Amendments Committee.
Unfortunately, the report filed by Monterey County as part
of the pilot project lacked much of the information that is
necessary to evaluate the impacts of the pilot project.
Although the report indicated that mailed ballot elections
increased turnout, decreased costs, and did not result in
voter fraud, the report lacked the detail necessary to
evaluate these claims.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/11)
Yolo County Clerk/Recorder (source)
City Clerks Association of California
Disability Rights California
League of California Cities
Orange County Taxpayers Association
Progressive States Action
Regional Council of Rural Counties
ASSEMBLY FLOOR :
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
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Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Gatto,
Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Galgiani, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Fletcher, Gorell,
Nestande, Nielsen, Norby, Olsen, Vacancy
DLW:mw 6/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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