BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1596|
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THIRD READING
Bill No: AB 1596
Author: Garcia (D)
Amended: As introduced
Vote: 21
SENATE ELECTIONS & CONSTIT. AMEND. COMMITTEE : 5-0, 6/24/14
AYES: Padilla, Anderson, Hancock, Jackson, Pavley
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Elections: vote-by-mail ballot pamphlets
SOURCE : Author
DIGEST : This bill requires a printed vote-by-mail (VBM)
ballot application that allows a voter to submit the application
by mail to inform the voter of the address for the elections
official and specify that address as the only appropriate
destination address for mailing the application.
ANALYSIS :
Existing law:
1. Requires a VBM ballot application to be received by the
elections official not later than seven days prior to the
date of the election.
2. Requires a printed application that is to be distributed to a
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voter for requesting a VBM ballot to include the following:
A. The printed name and residence address of the voter
as it appears on the affidavit of registration;
B. The address to which the ballot is to be mailed;
C. The voter's signature; and
D. The name and date of the election for which the
request is made.
3. Permits the information in (A) and (D) to be preprinted on
VBM applications. Requires information in (B) and (C) to be
personally affixed by the voter. Requires a VBM application
that contains preprinted information to contain a
conspicuously printed statement substantially similar to the
following: "You have the legal right to mail or deliver this
application directly to the local elections official of the
county where you reside."
4. Prohibits the address to which the ballot is to be mailed
from being the address of a political party, a political
campaign headquarters, or a candidate's residence. Provides
that a candidate, his/her spouse, immediate family members,
and any other voter who shares the same residence address as
the candidate may request that a VBM ballot be mailed to the
candidate's residence.
5. Requires an individual, organization, or group that
distributes applications for VBM ballots and receives
completed application forms to return the forms to the
appropriate elections official within 72 hours of receiving
the forms, or before the deadline for application, whichever
is sooner.
6. Provides that any individual, group, or organization that
knowingly distributes any application for a VBM ballot that
violates current law is guilty of a misdemeanor.
This bill:
1. Requires a printed VBM ballot application that allows a voter
to submit the application by mail to inform the voter of the
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address for the elections official and specify that address
as the only appropriate destination address for mailing the
application.
2. Specifies that this does not prohibit an individual,
organization, or group that distributes applications for VBM
ballots from collecting or receiving applications from
voters, pursuant to current law, by a means other than having
the applications mailed directly to the address of the
distributing individuals, organization, or group.
Background
Current Procedures . Current law prohibits the address to which
a VBM ballot is to be mailed from being the address of a
political party, a political campaign headquarters, or a
candidate's residence. However, current law does not apply the
same prohibition to the return address of the VBM application.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/27/14)
California Association of Clerks and Election Officials
Los Angeles County Board of Supervisors
ARGUMENTS IN SUPPORT : The California Association of Clerks
and Election Officials writes in support, "This bill will
facilitate and speed the processing of vote-by-mail applications
by by-passing intermediaries who delay election officials'
receipt of the request. The bill does not preclude individuals
and organizations from gathering vote-by-mail applications by
means other than through the mail which does not hamper their
right to conduct vote-by-mail campaigns while retaining the 72
hour requirement for the application to be submitted to the
appropriate election official. This bill will permit election
officials to mail, in a timely manner, ballots to those
requesting them which can often be an issue as the election
nears."
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
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Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
RM:d 6/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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