BILL ANALYSIS Ó
AB 1805
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1805 (Huffman)
As Amended August 21, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |55-20|(May 30, 2012) |SENATE: |26-11|(August 27, |
| | | | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: E. & R.
SUMMARY : Establishes new voting procedures for military and
overseas voters, as defined, to comply with the federal Uniformed
and Overseas Citizens Absentee Voting Act and implement the
policies of that act and the Uniform Military and Overseas Voters
Act adopted by the National Conference of Commissioners on Uniform
State laws. Specifically, this bill :
1)Replaces the term "special absentee voter" with "military or
overseas voter."
2)Expands the definition of what constitutes a military or
overseas voter to include any citizen of the United States (US)
living outside the territorial limits of the US, who, except for
the residency requirement, is eligible to vote in California and
was a resident of California when last living within the
territorial limits of the US, or was born outside of the US, and
his or her parent or legal guardian was a resident of California
when the parent or legal guardian was last living within the
territorial limits of the US, and he or she was not previously
registered to vote in any other state. Provides that each
person qualifying as an elector under the provisions of this
bill is deemed to be a resident of California.
3)Requires an elections official that receives a completed federal
postcard application from a qualified military or overseas voter
to deem that application as an affidavit of registration, an
application for a vote by mail (VBM) ballot, and an application
for permanent VBM status.
4)Requires the Secretary of State (SOS) to make available, to
qualified military or overseas voters, information on procedures
for military and overseas voters to register to vote and cast
ballots and to develop standardized military and overseas voting
materials, as specified.
AB 1805
Page 2
5)Requires each elections official to have a system available
which allows a military or overseas voter to electronically
request and receive a VBM application, an unvoted ballot, and
other information as required by this bill.
6)Requires the elections official to send a VBM ballot to a
military or overseas voter not earlier than 60 days, but not
later than 45 days, before the election.
7)Permits a military or overseas voter to use a federal write-in
absentee ballot in any election in which he or she is qualified
to vote.
8)Requires elections officials to send VBM ballots by the means of
transmission (mail, facsimile, or electronic transmission)
requested by a qualified military or overseas voter.
9)Provides that a valid ballot cast and submitted for mailing
pursuant to this bill shall be counted if it is received by the
elections official by the time the polls close on election day.
10)Requires elections officials to implement an electronic free
access system, which allows a military or overseas voter to
determine by telephone, electronic mail or Internet, whether his
or her ballot was received.
11)Requires elections officials to request an electronic mail
address from each military or overseas voter who registers after
the effective date of this bill.
12)Requires each elections official, as soon as practicable before
an election, to publish on his or her Web site and update, as
specified, a list of all the ballot measures and federal, state
and local offices that, as of that date, are expected to be on
the ballot for that election.
13)Provides that a military or overseas voter's mistake or
omission in the completion of a document under this bill shall
not invalidate the document if the mistake or omission does not
prevent determining whether the voter is eligible to vote.
Provides that a military or overseas voter's failure to satisfy
nonsubstantive requirements does not invalidate a document
submitted pursuant to this bill.
The Senate amendments clarify that each person qualifying as an
AB 1805
Page 3
elector under the provisions of this bill is deemed to be a
resident of California and make other technical changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations Committee,
the SOS indicates minor and absorbable costs to the General Fund
(GF). Potentially minor costs to the GF in reimbursable costs to
counties would result from processing an increased number of
military and overseas voters due to the expanded definition.
COMMENTS : According to the author, "Thousands of overseas and
military voters from throughout California serve in a variety of
uniformed and civilian roles, from frontline active duty to
restoration and international aid service. Often working in the
world's hotspots of terrorism, disease and poverty, these men and
women leave behind families - parents, spouses, children and
friends - in the name of democracy. And while they must separate
from their loved ones for months or years at a time, they maintain
their connections, through their families and friends, to the
California communities they call home. AB 1805 allows these
people to voice their opinions for the leadership and direction of
the communities where their families live, giving these service
personnel a long-distance voice to vote for councilmembers,
supervisors, initiatives and other measures that will impact the
care, education and services available to the people they love."
The Senate amendments clarify that a person qualifying under the
requirements of this bill is deemed to be a resident of California
for the purposes of voting in the state's elections.
Additionally, the Senate amendments make technical changes to
ensure the provisions of this bill are consistent with current
state and federal law. This bill, as amended in the Senate, is
consistent with the Assembly actions.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094FN: 0005031
AB 1805
Page 4