BILL ANALYSIS Ó AB 530 Page 1 ASSEMBLY THIRD READING AB 530 (Quirk-Silva) As Amended May 29, 2013 Majority vote ELECTIONS 5-1 ----------------------------------------------------------------- |Ayes:|Fong, Bocanegra, Bonta, | | | | |Hall, Weber | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Donnelly | | | | | | | | ----------------------------------------------------------------- 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. 3)Specifies that a person shall not apply for a VBM ballot using the name of, or on behalf of, another person. 4)Requires the elections official to advise any voter who applies for a VBM ballot by telephone as follows: "Only the registered voter himself of herself may apply for a vote by mail ballot. An application for a vote by mail ballot that is made by any person other than the registered voter is a criminal offense." 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 AB 530 Page 2 day prior to the election. The application shall be signed by the applicant and show his or her place of residence. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : 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. "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." 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 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 AB 530 Page 3 local elections officials the option of allowing voters to apply for VBM ballots electronically. Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094 FN: 0001044