BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 413|
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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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