BILL ANALYSIS Ó
AB 2054
Page 1
ASSEMBLY THIRD READING
AB 2054 (Fong)
As Amended March 28, 2012
Majority vote
ELECTIONS 4-2 APPROPRIATIONS 12-4
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|Ayes:|Fong, Bonilla, Mendoza, |Ayes:|Fuentes, Blumenfield, |
| |Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Logue |Nays:|Donnelly, Nielsen, Norby, |
| | | |Wagner |
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SUMMARY : Allows a vote by mail (VBM) voter to return his or her
ballot to any polling place within the state, instead of being
limited to polling places within the jurisdiction of the elections
official who issued the ballot. Specifically, this bill :
1)Permits a properly cast VBM ballot to be returned in person to any
member of a precinct board at any polling place within the state,
instead of being limited to polling places within the jurisdiction
of the elections official who issued the ballot.
2)Provides that if a VBM ballot is returned to a precinct board of a
polling place located in a county other than the county from which
the ballot was issued, the elections official responsible for that
polling place shall forward the ballot to the elections official
who issued it.
3)Provides that VBM ballots that are forwarded pursuant to this bill
to the jurisdiction of issuance that are not included in the
semifinal official canvass phase of the election shall be
processed and counted during the official canvass.
EXISTING LAW :
1)Requires all VBM ballots to be cast on or before the day of the
election. Provides that after marking the ballot, the VBM voter
must do either of the following:
AB 2054
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a) Return the ballot by mail or in person to the elections
official from whom it came; or,
b) Return the ballot in person to any member of a precinct
board at any polling place within
the jurisdiction of the elections official who issued the
ballot.
2)Provides that every VBM ballot must be received by either the
elections official from whom it came or a precinct board within
the jurisdiction before the close of the polls on election day.
3)Requires an elections official to establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used.
4)Requires VBM ballots that are returned to the elections office and
to the polls on election day and that are not included in the
semifinal official canvass to be processed and counted during the
official canvass.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor annual reimbursable costs for each county to collect and
return other (probably mostly neighboring) counties' ballots.
Assuming $1,000 per county, total costs would be $58,000.
ŬThe Governor's proposed 2012-13 Budget would continue the
current-year suspension of all six elections-related mandates,
including requirements for counties to allow any voter to become a
permanent VBM voter and to tabulate VBM ballots by precinct.]
COMMENTS : According to the author, "earlier this year, the Assembly
Elections and Redistricting Committee and the Senate Elections and
Constitutional Amendments Committee held a joint oversight hearing
to discuss the United States Postal Service closures and the impact
on voters and the upcoming presidential elections. During the
hearing, five county elections officials testified to the impact
that recent post office and processing facility closures were having
on their jurisdictions as well as the anticipated challenges they
saw ahead with more closures expected.
"One of the major impacts affecting the counties is mail delivery
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time delays. Some counties experienced mail delivery time delays of
up to 5-7 days as opposed to the usual 1-3 day mail delivery time.
"The Postal Service has 15 more processing facilities proposed for
closure in California.
"The new circumstances surrounding the elections will present new
challenges for voters, especially those who vote by mail,
particularly in light of the increase in voting by mail.
"Voters who mail their ballots within a reasonable timeframe could,
through no fault of their own, find themselves disenfranchised due
to the mail delivery time delays.
"AB 2054 helps protect vote by mail voters by providing them with
the option to drop off their voted ballot to any county elections
official or polling place within the state by the close of the polls
on election day."
SB 199 (Correa) of 2011, which was substantially similar to this
bill, was vetoed by Governor Brown. In his veto message, the
Governor argued that "Ŭa]llowing voters to return their vote-by-mail
ballot at any polling location in the state will add complexity to
the voting and election process without commensurate benefit.
California has liberal registration and vote-by-mail law that are
sufficient to allow the timely return of a vote-by-mail ballot."
However, the Governor vetoed this bill before there was widespread
attention and knowledge about the impacts of the United States
Postal Service closures.
Analysis Prepared by : Nichole Becker / E. & R. / (916) 319-2094
FN: 0003383