BILL ANALYSIS �
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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
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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
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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
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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,
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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