BILL ANALYSIS Ó
AB 413
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CONCURRENCE IN SENATE AMENDMENTS
AB 413 (Yamada)
As Amended May 24, 2011
Majority vote
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|ASSEMBLY: |50-22|(April 11, |SENATE: |25-10|(July 11, |
| | |2011) | | |2011) |
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Original Committee Reference: E. & R.
SUMMARY : Creates a pilot program allowing Yolo County to
conduct not more than three local elections as all-mailed ballot
elections. Specifically, 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, and is not a special election to fill a vacancy
in a state office, the Legislature, or Congress;
c) 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;
d) 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 need a replacement ballot;
e) The elections official delivers to each voter all
supplies necessary for the use and return of the mail
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ballot, including an envelope for the return of the voted
mail ballot with postage prepaid;
f) The elections official posts on the Web site of the
county elections office and 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; and,
g) 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.
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 vote by mail (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.
The Senate amendments require any ballot dropoff location
provided pursuant to this bill to consist of a locked ballot box
located in a secure public building that meets the accessibility
requirements for a polling place, and add co-authors.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
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FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : 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
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 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) of 2010, and AB 1228 (Yamada) of 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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0001361
AB 413
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