BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: AB 530 HEARING DATE: 7/2/13
AUTHOR: QUIRK-SILVA ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 5/29/13
FISCAL: NO
SUBJECT
Vote by mail ballots: telephone applications
DESCRIPTION
Existing law provides that an application for a vote by mail
(VBM) 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.
This bill allows a local elections official to offer a voter the
ability to apply for a VBM ballot by telephone.
This bill requires that in order to apply for a VBM ballot by
telephone, the applicant shall 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 shall not be required.
This bill prohibits a person from applying for a VBM ballot
using the name of, or on behalf of, another person.
This bill provides that prior to being asked for personal
identifying information, an applicant applying for a VBM ballot
by telephone shall be advised as follows:
"Only the registered voter himself or 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."
This bill provides that except as otherwise noted, the
provisions of the Elections Code governing written applications
for VBM ballots apply to applications made by telephone.
BACKGROUND
California's Vote by Mail Process : Current law allows voters to
request a VBM ballot by mailing in a request, filling out an
application provided to them by their local elections official,
filling out an application provided to them by the Secretary of
State (SOS), or by applying online with their county elections
official if their county has established such a system.
When a voter goes online to request a VBM ballot, they don't
have to provide a signature. Instead, the signature
verification required by law takes place when the elections
official receives the completed VBM ballot during an election
and the signature on the VBM envelope is matched against the
voter's signature on their voter registration application. If
the signatures match the ballot is eligible to be counted.
COMMENTS
1. According to the Author : California law currently allows a
voter to request a VBM ballot by completing an application
provided by the local elections official, using a uniform
electronic application provided through the SOS 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
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 VBM 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
AB 530 (QUIRK-SILVA)
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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. Similar and Related 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 2277 (Keeley), Chapter 753, Statutes of 2002, requires the
SOS 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.
AB 530 (QUIRK-SILVA)
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PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-1
Assembly Floor: 51-26
POSITIONS
Sponsor: Secretary of State
Support: California Association of Clerks and Election
Officials (CACEO)
California Common Cause
California State Council of the Service Employees
International Union (SEIU)
California Teachers Association
Oppose: None received
AB 530 (QUIRK-SILVA)
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