BILL ANALYSIS                                                                                                                                                                                                    Ó






                            SENATE COMMITTEE ON ELECTIONS
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   AB 1135             HEARING DATE: 6/4/13
          AUTHOR:    MULLIN              ANALYSIS BY:  Frances Tibon  
          Estoista
          AMENDED:   5/28/13
          FISCAL:    NO
          
                                        SUBJECT
           
          Vote by mail ballots:  signature verification

                                      DESCRIPTION  
          
           Existing law  requires a county elections official, upon  
          receiving a vote by mail (VBM) ballot, to compare the signatures  
          on the envelope with the signature appearing on the affidavit of  
          registration.  If the signatures compare, the elections official  
          shall deposit the ballot, still in its identification envelope,  
          into a ballot container in his or her office.

           Existing law  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, and requires the cause of the  
          rejection be written on the face of the identification envelope.

           Existing law  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.

           Existing law  permits a county elections official to use the  
          duplicate file of affidavits of registered voters or the  
          facsimiles of voters' signatures when determining from the  
          records of registration if the signature and residence address  
          compare.

           This bill  adds additional "supporting documents" that contain  
          the voter's signature and is part of the voter's registration  
          record for use when comparing the signature on the  
          identification envelope as follows:










          (A)  A form for use by a military or overseas voter pertaining  
               to the voter's identity, eligibility to vote, and status as  
               a military or overseas voter.
          (B)  A form designed to permit a voter to opt out of receiving  
               election materials.
          (C)  A form designed to indicate a voter's preference for ballot  
               materials in a language other than English.
          (D)  A form containing corrected voter information and submitted  
               at a polling place.
          (E)  A form confirming a voter's change of address or residency  
               information.

           This bill  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.

           This bill  makes other minor grammatical changes.

                                      BACKGROUND  
          
           Contra Costa County Report  .  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 a November 6, 2012  
          General Presidential Election Report prepared by the Contra  
          Costa County Clerk-Recorder, at the November 2010 election, the  
          county 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 had a positive  
          AB 1135 (MULLIN)                                                  
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          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.

                                       COMMENTS  
          
            1. According to the Author  :  In the November 2012 election,  
             more voters voted by mail than in person.  Since 1980, the  
             percent of votes cast by mail in general elections has  
             increased from about 6% to just over 50%.  Because voting by  
             mail is quickly becoming the preferred voting method, it is  
             critical we do everything we can to ensure voters' ballots  
             are counted.

           Last November, nearly 60,000 vote-by-mail ballots were  
             rejected.  About one-third were not counted because the  
             signatures on the vote-by-mail envelopes did not match the  
             signatures on the voters' original registration affidavits.   
             The requirement that the signature on a vote-by-mail envelope  
             matches the voter's original registration affidavit is unique  
             to absentee ballots.  Signature matching is not required when  
             a person shows up to vote at a polling place.

           Given the nature of voting by mail, this verification system is  
             important-but it also has pitfalls.  One major drawback is  
             that voters' signatures change over time.  Let's consider  
             young voters, who are often in the process of developing a  
             permanent signature.  Among vote-by-mail ballots rejected  
             because the signatures didn't match, 20-29 year-old voters  
             accounted for a disproportionate number of rejections.  These  
             voters submitted just 6% of vote-by-mail ballots, but were  
             accountable for 30% of rejections due to mismatching  
             signatures.  On the other end of the spectrum are older  
             voters, whose signatures can change considerably as they age.  
              Their original registration affidavits have often been on  
             file for decades. 

           Assembly Bill 1135 will allow county registrars to compare the  
             signature on a vote-by-mail envelope with any signature that  
             is part of the voter's official registration record, such as  
          AB 1135 (MULLIN)                                                  
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             a permanent vote-by-mail application or other forms.  AB 1135  
             is a critical measure to ensure all Californians have the  
             best chance possible to have their votes counted.

            2. How Would This Work  ?  A strict read of existing law only  
             allows the signature on a voter's affidavit of registration  
             to be used when comparing signatures on a VBM ballot or a  
             military or overseas ballot returned by facsimile  
             transmission.  The author argues that signatures change or  
             develop over time and in some cases a voter's signature on  
             their affidavit of registration can be outdated.   
             Consequently, valid ballots are being rejected despite access  
             to more recent signatures in a voter's registration record.   
             According to county elections officials, many voters'  
             registration records contain a variety of supporting  
             documents that could be used when comparing a voter's  
             signature.  Examples of supporting documents include, but are  
             not limited to, address updates, VBM ballot requests, letters  
             from the voter, and postcard updates.  When received, these  
             supporting documents are scanned and kept in the voter's  
             registration record.  Many of these supporting documents  
             contain the voters' name, address and signature.

            3. How Many Ballots Were Rejected Due to Mismatching  
             Signatures  ?  According to the Sacramento County Registrar of  
             Voters, at the November 2012 General Election, Sacramento  
             County had 3,035 VBM ballots rejected.  Of those, 1,064  
             (approximately 35%) were rejected because the signature did  
             not match, 403 did not have signatures, 14 had no ballot  
             enclosed, and the rest were received too late to be counted.

           Historically, the main reasons why a ballot is rejected for a  
             signature mismatch is because the signature is unreadable,  
             missing or has changed and is out of date.  However, there is  
             evidence to suggest that as the voting process modernizes and  
             new technologies are used, the election process is being  
             impacted.  For example, the author's staff provided the  
             committee with a copy of a partial signature that was  
             received from the Department of Motor Vehicles' (DMV)  
             database via California's online voter registration.  The  
             image provided to the committee shows that half of the  
             voter's signature is missing.  According to a county  
             elections official this particular partial signature came  
             from older DMV records.  Clearly this is an unintended  
          AB 1135 (MULLIN)                                                  
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             consequence of the online voter registration, but  
             nevertheless the partial signature provided is the signature  
             on the voter's affidavit of registration that the county  
             elections official must use when comparing signatures.

           Furthermore, the only way for a voter to update their signature  
             is to fill out a new voter registration form.  Using the  
             online voter registration system may not guarantee that the  
             signature on file with DMV is updated, unless the voter has  
             recently applied or renewed their California driver's license  
             or identification card.  Otherwise the signature in the DMV's  
             database could be just as outdated as their voter  
             registration affidavit signature. 

            4. Related Legislation  :  SB 589 (Hill), among other provisions,  
             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.  SB 589 was recently referred to the Assembly  
             Elections and Redistricting Committee.

                                     PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Floor:                           52-25

                                       POSITIONS 
          
          Sponsor: Author

           Support: California Association of Clerks and Election  
                   Officials (CACEO)
                             California Common Cause


           Oppose:  None received






          AB 1135 (MULLIN)                                                  
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