BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2080|
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THIRD READING
Bill No: AB 2080
Author: Gordon (D)
Amended: 6/26/12 in Senate
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 3-2, 7/3/12
AYES: Correa, Lieu, Yee
NOES: La Malfa, Gaines
ASSEMBLY FLOOR : Not relevant
SUBJECT : Vote-by-mail ballots
SOURCE : Secretary of State
DIGEST : This bill deletes the requirement that a voter
must be ill or physically disabled to have his/her
vote-by-mail (VBM) ballot returned by designated
individuals as specified in existing law.
ANALYSIS : Existing law requires that an application for
a 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/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
CONTINUED
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is authorized by the VBM voter to receive the ballot.
Existing law provides that if a VBM voter is unable to
return his/her VBM ballot due to illness or disability,
that the voter may designate his/her spouse, child, parent,
grandparent, grandchild, sibling, or a person residing in
the same household as the VBM voter to return the VBM
ballot.
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 percent 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 percent.
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 seven days before
the election). However, if a request is made before the
VBM application deadline (more than seven 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.
Previous Legislation
AB 867 (Swanson, 2011) includes a provision that will have
allowed a voter to designate an authorized representative
to return vote-by-mail ballots. The bill was amended to
address a different issue.
AB 1271 (Krekorian, 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/her behalf.
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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, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/5/12)
Secretary of State
ARGUMENTS IN SUPPORT : According to the author's office,
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
percent of voters used vote-by-mail. A decade ago, in the
November 2000 primary election, 24.53 percent of voters
availed themselves of this option. In the November 2010
election, the most recent election for which there is data,
48.44 percent 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 percent.
Existing law permits a voter to designate his/her spouse,
child, parent, grandparent, grandchild, brother, sister, or
a person residing in the same household as the voter to
return an absentee ballot for the voter if the voter is
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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/her ballot
returned by someone else.
DLW:d 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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