BILL ANALYSIS Ó
AB 867
Page 1
Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 867 (Swanson) - As Introduced: February 17, 2011
SUBJECT : Elections: vote by mail ballots.
SUMMARY : Allows a vote by mail (VBM) ballot to be picked up and
dropped off by any authorized representative of the VBM voter,
except a candidate or campaign worker. Specifically, this bill :
1)Clarifies that an application for a VBM ballot must be
received by the elections official by the 7th day prior to an
election.
2)Allows a VBM voter to designate, in writing, an authorized
person who is 16 years of age or older to deliver or receive a
VBM ballot on his or her behalf.
3)Deletes a requirement that a voter must be ill or physically
disabled to have his or her VBM ballot returned by a specified
individual and instead allows any VBM voter to designate an
"authorized representative" to return the voter's ballot.
4)Defines an "authorized representative," for the purposes of
this bill, as a person who is designated in writing by a voter
to the elections official to receive, return, or both receive
and return, the voter's VBM ballot.
5)Prohibits an authorized representative from being a candidate
or the spouse of a candidate, or a paid or volunteer worker of
a general purpose committee, controlled committee, independent
expenditure committee, political party, campaign committee of
a candidate, or any other group or organization at whose
behest the individual designated to receive the ballot, return
the ballot, or both receive and return the ballot is
performing a service. Excludes the VBM ballot of a candidate
and his or her spouse from this prohibition.
EXISTING LAW :
1)Requires that an application for a VBM ballot be made in
writing to the elections official having jurisdiction over the
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election between the 29th and the 7th day prior to the
election.
2)Allows the elections official to issue a VBM ballot to the
applicant or his or her spouse, child, parent, grandparent,
grandchild, sibling, or a person residing in the same
household, provided that the individual to whom the ballot is
being issued is 16 years of age or older and is authorized by
the VBM voter to receive the ballot.
3)Provides that if a VBM voter is unable to return his or her
VBM ballot due to illness or disability, that the voter may
designate his or her spouse, child, parent, grandparent,
grandchild, sibling, or a person residing in the same
household as the VBM voter to return the VBM ballot.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
The right to vote is one of the principles upon which our
country was founded. Any limitation to that right is a blow
to democracy. Unfortunately, current law creates barriers
to voter participation because the persons authorized to
pick up and drop off vote by mail ballots are limited to a
very select group of people who must live in the home of
the voter. This bill would allow a person to designate
anyone to pick up or drop off a vote by mail ballot,
thereby making it easier for disabled persons, seniors, in
particular, to vote. AB 867 advances voting procedures to
better reflect the changing situations and circumstances of
our state voters.
2)Restrictions on Delivery of Vote by Mail Ballots : Existing law
limits the people who may pick up or drop off a ballot for a
VBM voter, generally restricting such activities to immediate
family members or people living in the same household as the
VBM voter. Additionally, existing law requires a VBM voter to
return his or her own ballot, unless he or she is ill or
physically disabled. This bill would allow a voter to
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authorize almost any person to pick up or drop-off a ballot
for him or her, provided that such authorization is in
writing. By expanding the list of individuals who may be
authorized to drop off and pick up ballots, this bill should
give voters more options in obtaining and returning ballots,
while simplifying enforcement for elections officials.
3)Argument in Support : According to the bill's sponsor,
Secretary of State Debra Bowen:
Since 1995, voting by mail has become extremely popular as
a convenient method of voting. Statewide, nearly 50% of
the 10.3 million people who voted in the November 2010
General Elections did so by mail, and in some special
elections, the number has been as high at 84%.
Studies show people who vote by mail vote more regularly
than people who go to the polls. Safeguards built into
this method of voting, including the signature verification
process, ensure the integrity of each VBM ballot.
Existing law allows a voter's authorized representative to
pick up and drop off a VBM ballot for a voter any time
after the VBM application deadline has passed (up to 7 days
before the election). However, if a request is made before
the VBM application deadline (more than 7 days before the
election), existing law only permits a relative or someone
living at the same address of the voter to pick up or
return the VBM ballot.
By allowing an "authorized representative" to pick up
and/or drop off a VBM ballot regardless of when the request
is made, AB 867 will remove barriers to participation while
maintaining existing safeguards against voter fraud. It
will also maintain the prohibition in existing law that
precludes campaign workers from picking up or returning a
voter's VBM ballot.
4)Previous Legislation : AB 1271 (Krekorian) of 2009, would have
allowed a vote by mail voter to designate any person who is 16
years of age or older, other than candidates or campaign
workers, to deliver or receive a vote by mail ballot on his or
her behalf. On October 11, 2009, Governor Schwarzenegger
vetoed that bill arguing that "while some vote by mail voters
could benefit from the added flexibility" provided by the
bill, "it would leave the door open for bad actors to abuse
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the system."
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (Sponsor)
California Association of Clerks and Elections Officials
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094