BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 214
                                                                  Page  1

          Date of Hearing:   March 19, 2013

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                    AB 214 (Skinner) - As Amended:  March 4, 2013
           
          SUBJECT  :   Voting: state of emergency.

           SUMMARY  :   Requires the Secretary of State (SOS), by December  
          31, 2014, to establish procedures and publish guidelines for  
          voting in the event of a natural disaster or other state of  
          emergency.  Requires the SOS to submit a report to the  
          Legislature on the readiness of the state to hold elections  
          during or following a natural disaster or other state of  
          emergency.  Requires the report to be submitted in accordance  
          with current law, and makes this requirement inoperative on  
          December 31, 2018, as specified by current law.   

           EXISTING LAW  :

          1)Designates the SOS as the chief elections officer of  
            California.

          2)Permits the Governor, during a state of war or a state of  
            emergency, to suspend any regulatory statute, or statute  
            prescribing the procedure for conduct of state business, or  
            the orders, rules, or regulations of any state agency.  

          3)Permits the Governor, during a state of war emergency or state  
            of emergency, to make, amend, and rescind orders and  
            regulations that have the force and effect of law.  Requires  
            all orders, regulations, amendments, or rescissions be issued  
            in writing and take effect immediately upon their issuance.   
            Requires the orders and regulations to have no further force  
            or effect once the state of war emergency or state of  
            emergency has been terminated. 

          4)Requires elections officials to provide a sufficient number of  
            official ballots in each precinct on election day, as  
            specified.  Requires the elections official to provide  
            additional ballots that may be necessary for vote by mail and  
            emergency purposes.

          5)Permits elections officials to set up satellite voting  
            locations.  Requires the elections official, when setting up a  







                                                                  AB 214
                                                                  Page  2

            satellite location, to issue a general news release not later  
            than 14 days prior to voting at the satellite location.  
            Requires a county with a declared emergency or disaster to  
            issue a public notice not later than 48 hours prior to voting  
            at the satellite location.

          6)Requires an elections official, upon the declaration of a  
            state of emergency by the Governor and the issuance of an  
            executive order authorizing an emergency worker to cast a  
            ballot outside of his or her home precinct, to issue an  
            emergency worker a provisional ballot, as specified.   Defines  
            an emergency worker as a person who is officially engaged in  
            responding to the proclaimed state of emergency and whose  
            vocation has been identified in an executive order relating to  
            the state of emergency.

           FISCAL EFFECT  :  Unknown  


           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author:

               The rights to vote and to have one's vote counted are  
               fundamental tenets of a democracy and are explicitly  
               guaranteed by the Constitution of California. Unpredictable  
               natural disasters, many of which, such as wildfires,  
               storms, floods, and earthquakes, are common in California,  
               reduce voting accessibility. National attention was brought  
               to this issue when "Superstorm" Sandy made landfall in the  
               United States on October 29, 2012, eight days before the  
               general election, displacing tens of thousands and  
               interfering with the ability of those affected by the storm  
               to vote. Natural disasters on a similar scale have impacted  
               California before, though not so close to an election; for  
               example, the 1989 Loma Prieta earthquake displaced more  
               than 12,000 people, and the 1994 Northridge earthquake  
               displaced more than 20,000. 

               This bill will help to ensure Californians' voting rights  
               are not hindered by natural disasters. The guidelines and  
               practices that will be developed as a result of this bill  
               will lead to the development of contingency plans that the  
               state can fall back on in the case of a natural disaster or  
               other emergency. And the report on the preparedness of the  







                                                                  AB 214
                                                                  Page  3

               state to administer an election in the event of an  
               emergency will further this purpose and lead to 
               improvements in these plans.

           2)Can Never Be Too Prepared  :  As mentioned above, Hurricane  
            Sandy, which occurred during the 2012 November general  
            election, was an eye opening experience that prompted many  
            states to question and consider whether they were ready and  
            prepared for the next emergency.  In times of emergencies,  
            having clear direction on what is permitted and what is not  
            can be helpful.  The provisions of this bill, which require  
            the SOS to establish procedures and guidelines for voting in  
            the event of a natural disaster or emergency, could be helpful  
            for jurisdictions that are conducting elections during or  
            after a disaster or emergency, however, they would not carry  
            the force of law and therefore would not be required to be  
            followed.  

          Furthermore, nothing in current law prohibits the SOS from  
            providing guidance now.   In fact, the SOS periodically  
            provides written guidance and information to the county  
            elections officials to help ensure a smooth electoral process.  
             These written advisories are commonly known as CCROVs as they  
            are directed to the County Clerks & Registrars of Voters.  All  
            of these written advisories are posted on the SOS's website  
            shortly after they are provided to county elections officials.  
             Due to the fact that the SOS already has the authority and  
            ability to issue guidance, the committee may consider whether  
            adopting regulations would be a better way to ensure  
            compliance and uniformity across the state, so that all voters  
            are being treated the same.

          Conversely, because California is comprised of 58 geographically  
            diverse counties there may not be a one-size-fits all approach  
            for crafting regulations.  In addition, many county elections  
            officials already have emergency plans in place for their  
            respective jurisdictions.  Consequently, having guidelines in  
            place, as opposed to regulations, may be more helpful to  
            ensuring each jurisdiction has the ability to tailor their  
            plans to the unique needs of their respective jurisdiction and  
            electorate.  

           3)Counties as a Resource  :  As mentioned above, many county  
            elections officials already have disaster plans and procedures  
            in place for their respective jurisdictions should an  







                                                                  AB 214
                                                                  Page  4

            emergency occur while an election is happening.  These  
            contingency plans could be helpful resources for developing  
            the state guidelines and procedures required under the  
            provisions of this bill.  To ensure the county elections  
            officials are included in the development of the procedures  
            and guidelines, the committee may wish to adopt the following  
            amendment suggested by committee staff.  On page 2, starting  
            on line 3, insert the following after the word "emergency."

                "The Secretary of State shall consult with county elections  
               officials when developing the procedures and guidelines."

          4)Efforts on the Federal Level  :  To support state efforts aimed  
            at establishing sound administrative election practices in  
            emergency conditions, the members of the National Association  
            of Secretaries of State (NASS), earlier this year, created the  
            NASS Task Force on Emergency Preparedness for Elections.  The  
            task force is a national initiative, formed in the wake of  
            Hurricane Sandy, which struck the East Coast just days before  
            the presidential election on November 6, 2012.  The effort,  
            which includes chief state election officials from twenty-two  
            states and the District of Columbia, will focus on identifying  
            laws and practices that enhance the ability of state election  
            officials to prepare for, and respond to, emergency  
            situations.  The task force also works closely with other  
            stakeholder organizations, including the National Emergency  
            Management Association and the Federal Emergency Management  
            Agency.  Secretary of State Debra Bowen is a member of the  
            newly formed task force.
          According to the NASS website, the task force convened a  
            conference call earlier this month to determine the range of  
            issues that will be researched.  Emergency planning and  
            response issues that arose due to Hurricane Sandy included  
            emergency voting/absentee ballot procedures,  
            state-local/municipal information sharing and emergency  
            communications, equipment shortages, emergency authority  
            issues, and continuity of elections.  Additionally, the task  
            force is planning to release a white paper early next year. 

           5)Other States  :  According to the NASS Task Force on Emergency  
            Preparedness for Elections, the following states have  
            emergency response laws in place authorizing election  
            contingency plans in the event of an emergency: Florida,  
            Georgia, Hawaii, Iowa, Louisiana, Maryland, New York, North  
            Carolina, and Virginia.  In addition, Delaware, Connecticut,  







                                                                  AB 214
                                                                  Page  5

            and South Dakota have enacted election-related state of  
            emergency statutes within the last two years.
          This year, Alabama and Oklahoma have introduced laws authorizing  
            election contingency plans in the event of an emergency. 

           6)Suggested Amendment  :  To provide transparency to the process  
            and make the procedures and guidelines easily accessible, the  
            committee may wish to adopt the following amendment suggested  
            by committee staff.  On page 2, starting on line 3, insert the  
            following:

                "The Secretary of State shall post the procedures and  
               guidelines on his or her Internet Web site  ."





           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          League of Women Voters of California

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094