BILL ANALYSIS Ó
AB 530
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Date of Hearing: May 7, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 530 (Quirk-Silva) - As Introduced: February 20, 2013
SUBJECT : Vote by mail ballots: telephone applications.
SUMMARY : Permits a local elections official to allow a voter
to apply for a vote by mail (VBM) ballot by telephone.
Specifically, this bill allows local elections officials to
offer voters the ability to apply for a VBM ballot by telephone
subject to the following provisions:
1)The applicant must provide to the elections official personal
identifying information that matches the information contained
on the applicant's affidavit of registration, including first
and last name, home address, and date of birth. The
applicant's signature is not required for applications
received by telephone.
2)Except as otherwise provided, all provisions governing written
applications for VBM ballots apply to applications for VBM
ballots made by telephone.
EXISTING LAW provides that an application for a VBM voter's
ballot shall be made in writing to the elections official having
jurisdiction over the election between the 29th and the seventh
day prior to the election. The application shall be signed by
the applicant and show his or her place of residence.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : According to the author:
California law currently allows a voter to request a vote
by mail (VBM) ballot by completing an application provided
by the local elections official, using a uniform electronic
application provided through the Secretary of State's
website, or by applying through the local election
official's website. However, application by telephone is
not permitted.
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Increasing participation and accessibility to voting is an
imperative for any democratic society. Polls consistently
indicate that the largest stated reason for not voting is
an inability to find the time. By not allowing applications
for VBM ballots by telephone, voters without internet
access either [must] go to the local elections office or
call to request that a paper application be mailed to them.
These extra steps take more time than other methods, cost
more money to administer, and are barriers to VBM voting.
AB 530 removes barriers to vote by mail application for
those without internet access by allowing citizens to apply
using a more ubiquitous technology, the telephone. The bill
also maintains our current standards of protection against
voter fraud by placing the same requirements for telephone
applicants that currently exist for those who apply online
through a local election official's secure website. AB 530
also may save money for local election officials by
allowing them to accept applications directly over the
telephone instead of using the more costly method of
mailing an application and receiving it by return mail
before entering the information into their election
management system.
2)Argument in Support : The California Association of Clerks and
Election Officials write in support:
Existing law requires a voter to submit a written
application for [a] vote by mail ballot, which shall
include the name, residence address and signature of the
voter, an address where the ballot is to be mailed if
different from the residence, and the name and date of the
election which the ballot is being requested. This
legislation would allow the voter to make an application
for a vote by mail ballot over the telephone, as long as
the same information as required on the written application
is provided and matches the voter's record.
This legislation will prove to be convenient and
potentially enfranchise voters requesting a ballot close to
the deadline, enabling voters to call from outside of the
state or out of the county to obtain vote by mail voter
status. Ballots must be canvassed in the same manner as
all other vote by mail ballots, requiring the election
official to compare the voters' signature on the return
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envelope to the voter's registration record before the
ballot is counted. Ballots where signatures do not compare
cannot be counted.
3)Electronic Application for VBM Ballots : AB 2277 (Keeley),
Chapter 753, Statutes of 2002, requires the Secretary of
State to provide local elections officials with a uniform
electronic application format for VBM ballots and gives local
elections officials the option of allowing voters to apply for
VBM ballots electronically.
4)Previous Legislation : AB 2154 (Solorio) of 2010, was
substantially similar to this bill. AB 2154 was vetoed by
Governor Schwarzenegger, who expressed concern that it could
open the VBM ballot application process to fraud.
AB 84 (Hill) of 2009, would have required elections officials
to establish procedures to allow a VBM voter to find out
whether his or her VBM ballot was counted, and if not, the
reason why it was not counted. AB 84 was vetoed by Governor
Schwarzenegger, who expressed concern that it could result in
additional costs to local governments. AB 2964 (Levine) of
2008, which was substantially similar to AB 84 was also vetoed
by Governor Schwarzenegger, though the Governor did not
express any policy objections to the bill.
SB 1725 (Bowen), Chapter 687, Statutes of 2006, requires
elections officials to establish procedures by March 1, 2008,
to track and confirm the receipt of voted VBM ballots and to
make this information available by online access using the
county's elections division website, or if none is available,
by means of a toll-free telephone number.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (Sponsor)
California Association of Clerks and Election Officials
California State Council of the Service Employees International
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Union
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094