BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1135
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1135 (Mullin)
          As Amended April 1, 2013
          Majority vote 

           ELECTIONS           5-2                                         
                    
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bocanegra, Bonta,   |     |                          |
          |     |Hall, Perea               |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Jones, Logue              |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Expands the list of documents a county elections  
          official may use to compare to the signature on a vote by mail  
          (VBM) ballot identification envelope.  Specifically,  this bill  :   


          1)Permits a county elections official, upon receipt of a VBM  
            ballot, to compare the signature on the identification  
            envelope with the signature appearing on any supporting  
            document that contains the voter's signature and is part of  
            the voter's registration record to determine whether the  
            signatures compare.  

          2)Permits a county elections official, upon receipt of a  
            military or overseas ballot returned by facsimile  
            transmission, to determine the voter's eligibility by  
            comparing the signature on the return information with the  
            signature of any supporting document that contains the voter's  
            signature and is part of the voter's registration record.

           EXISTING LAW  :

          1)Requires a county elections official, upon receiving a VBM  
            ballot, to compare the signatures on the envelope with the  
            signature appearing on the affidavit of registration.   
            Requires the county elections official, if the signatures  
            compare, to deposit the ballot, still in the identification  
            envelope, in a ballot container in his or her office.  









                                                                  AB 1135
                                                                  Page  2


          2)Provides that if the ballot is rejected because the signatures  
            do not compare, the envelope shall not be opened and the  
            ballot shall not be counted.  Requires the cause of the  
            rejection to be written on the face of the identification  
            envelope.

          3)Permits a county elections official to use the signature on  
            the voter's VBM application for the signature comparison, if  
            the elections official compared the signature on the voter's  
            VBM ballot application with the signature on the voter's  
            affidavit of registration.

          4)Permits a county elections official to use the duplicate file  
            of affidavits of registered voters or facsimiles of voters'  
            signatures when determining from the records of registration  
            if the signature and residence address compare, as specified.

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.
           
          COMMENTS  :  According to the author, "signatures often change  
          over time. For example, a young voter who registers to vote at  
          17 or 18 may not have solidified his or her permanent signature.  
          In addition, as use of electronic signatures increases, young  
          voters may not have developed a handwritten signature in the  
          first place. Similarly, elderly voters' signatures often change  
          with age. 

          "In current law, the only signature permitted for use in  
          verifying a voter's ballot is the signature attached to the  
          original registration affidavit. This means ballots are being  
          summarily rejected, despite access to more recent signatures in  
          a voter's registration record. 

          "Tying a voter's signature to the original registration  
          affidavit does not account for signatures that change or develop  
          over time. In some cases, the voter's original signature is  
          decades old.

          "Additionally, the registrar of voters regularly receives other  
          relevant documents from voters that contain updated signatures.  
          Examples include address updates and absentee ballot requests.

          "To ensure all voters have the greatest chance of having their  








                                                                  AB 1135
                                                                  Page  3


          votes count, AB 1135 allows county registrars to compare a  
          voter's ballot signature to any other document in his or her  
          voter registration record that contains that voter's signature."

          Over the years, Contra Costa County, similar to many other  
          counties, has collected data concerning VBM ballots.  The  
          collection and analysis of this data has helped counties take  
          proactive steps to improve the success rate for VBM voters.   
          According to Contra Costa County Clerk-Recorder's November 6,  
          2012, General Presidential Election Report, at the November 2010  
          election, they saw an increase in signatures being rejected for  
          "no match."  Upon further investigation, they found that voters  
          less than 50 years of age and clustered in the 20-39 age groups  
          represented a disproportionately high number of rejected ballots  
          for no signature match.  According to the report, in an effort  
          to help mitigate this problem, Contra Costa County changed their  
          "Make Your Vote Count" insert that is placed in their outgoing  
          VBM packets to highlight the problem.  The insert alerted voters  
          that how they sign their name matters when they sign their  
          ballot envelope and reminded voters that if their signature  
          changed to immediately re-register so their current registration  
          would be on file. According to the report, the outreach efforts  
          did have a positive effect and the county saw a reduction in  
          rejected signatures by over 40% between the November 2010 and  
          November 2012 elections.  However, despite that reduction,  
          younger voters remain well above the average for rejected  
          signatures.  Consequently, Contra Costa County plans to do more  
          outreach via the social networks in hopes to educate voters and  
          reduce the number of ballots rejected.

          SB 589 (Hill), permits a county elections official, when  
          comparing the signature on a VBM identification envelope, to use  
          the signature appearing on the voter's current or previous  
          affidavit of registration on file with the elections official,  
          among other provisions.  SB 589 is pending the Senate  
          Appropriations Committee.

          Please see the policy committee analysis for a full discussion  
          of this bill.

           
          Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094 









                                                                  AB 1135
                                                                  Page  4



                                                                FN: 0000127