BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: AB 2080 HEARING DATE: 7/03/12
AUTHOR: GORDON ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 6/26/12
FISCAL: NO
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 deletes the requirement that a voter must be ill
or physically disabled to have his or her VBM ballot
returned by designated individuals as specified in existing
law.
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 designee 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.
COMMENTS
1. According to the author : Vote-by-mail voting used to
be limited to voters who were either traveling on
Election Day or home bound. Voting by mail has become a
significant tool of convenience for busy voters and a
means to potentially increase participation. In
recognition, California law has evolved to facilitate
rather than place barriers in the way of voting by mail.
The public has responded and the percentage of voters
availing themselves of vote-by-mail has steadily grown.
Two decades ago, in the November 1990 election, 18.38%
of voters used vote-by-mail. A decade ago, in the
November 2000 primary election, 24.53% of voters availed
themselves of this option. In the November 2010
election, the most recent election for which there is
data, 48.44% of voters used vote-by-mail. While we do
not yet have the final tally for the June 2012 primary,
the tally may well exceed 50%.
Existing law permits a voter to designate his or her
spouse, child, parent, grandparent, grandchild, brother,
sister, or a person residing in the same household as
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the voter to return an absentee ballot for the voter if
the voter is unable to return the ballot him or herself
due to illness or other physical disability . In an
effort to make participation easier without eliminating
existing safeguards, this bill simply deletes the
requirement that a voter be ill or disabled in order to
have his or her ballot returned by someone else.
2. Previous Legislation : AB 867 (Swanson) of 2011
includes a provision that would have allowed a voter to
designate an authorized representative to return
vote-by-mail ballots. The bill was amended to address a
different issue and is also on today's hearing agenda.
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."
AB 1096 (Umberg) of 2005, included a provision that would
allow a voter to designate specified individuals to
return the vote-by-mail ballot regardless of the voter's
health or disability. Governor Schwarzenegger vetoed AB
1096.
SB 462 (Karnette) of 2001, included a provision that would
allow a voter to designate specified individuals to
return the vote-by-mail ballot regardless of the voter's
health or disability. Governor Davis vetoed SB 462.
PRIOR ACTION
(Note: prior votes do not reflect the current version of
this bill.)
Assembly Elections and Redistricting Committee: 6-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 74-0
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POSITIONS
Sponsor: Secretary of State
Support: None received
Oppose: None received
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