BILL ANALYSIS Ó
AB 867
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ASSEMBLY THIRD READING
AB 867 (Swanson)
As Introduced February 17, 2011
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 11-6
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|Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Valadao |Nays:|Harkey, Donnelly, Gatto, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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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
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor reimbursable costs.
COMMENTS : 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."
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
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.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094
FN: 0000458
AB 867
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