BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: AB 867 HEARING DATE:6/21/11
AUTHOR: SWANSON ANALYSIS BY:Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Elections: vote by mail ballots
DESCRIPTION
Existing law requires that an application for a vote by
mail vote by mail (VBM) ballot be made in writing to the
elections official having jurisdiction over the election
between the 29th and the 7th day prior to the election.
Existing law 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.
Existing law 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.
This bill allows a VBM ballot to be picked up and dropped
off by an authorized representative of the VBM voter,
except a candidate or campaign worker.
This bill clarifies that an application for a VBM ballot
must be received by the elections official by the 7th day
prior to an election.
This bill 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.
This bill 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.
This bill 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.
This bill 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.
BACKGROUND
According to the Secretary of State, 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.
Restrictions on Delivery of Vote by Mail Ballots : 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
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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.
COMMENTS
1. 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. 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. 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 the system."
PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-2
Assembly Appropriations Committee: 11-6
Assembly Floor: 48-28
POSITIONS
Sponsor: Secretary of State
Support: California Association of Clerks and Election
Officials
Disability Rights California
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League of Women Voters of California
Oppose: None received
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