BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2530
          Author:   Rodriguez (D)
          Amended:  8/4/14 in Senate 
          Vote:     21

           
           SENATE ELECTIONS & CONST. AMEND. COMM.  :  4-1, 6/24/14
          AYES:  Padilla, Hancock, Jackson, Pavley
          NOES:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  53-25, 5/28/14 - See last page for vote


           SUBJECT  :    Ballot processing

           SOURCE  :     Secretary of State


           DIGEST  :    This bill authorizes an elections official to use  
          signature verification technology when comparing the signatures  
          on a vote-by-mail (VBM) ballot identification envelope.  If  
          signature verification technology determines the signatures do  
          not compare, the elections official shall not reject the ballot  
          unless he/she visually examines the signatures and verifies that  
          the signatures do not compare.

           ANALYSIS  :    

          Existing law:

          1. Permits a county elections official, upon receipt of a VBM  
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             ballot, or provisional ballot to compare the signature on the  
             identification envelope with one of the following to  
             determine whether the signatures compare:

             A.    The signature appearing on the voter's affidavit of  
                registration or any previous affidavit of registration  
                of the voter; or 

             B.    The signature appearing on a form issued by an  
                elections official that contains the voter's signature,  
                that is part of the voter's registration record, and  
                that the elections official has determined compares with  
                the signature on the voter's affidavit of registration  
                or any previous affidavit of registration of the voter,  
                as specified.  

          2. Permits an elections official to make the determination of  
             whether a signature on a VBM ballot or provisional ballot,  
             compares with the signatures on file for that voter by  
             reviewing a series of signatures appearing on official forms  
             in the voter's registration record that have been determined  
             to compare, that demonstrate the progression of the voter's  
             signature, and that make evident that the signature on the  
             identification envelope is that of the voter.

          3. 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 further requires the  
             cause of the rejection to be written on the face of the  
             identification envelope.

          This bill:

          1. Authorizes an elections official to use signature  
             verification technology when comparing the signatures on a  
             VBM ballot identification envelope.  If signature  
             verification technology determines the signatures do not  
             compare, the elections official shall not reject the ballot  
             unless he/she visually examines the signatures and verifies  
             that the signatures do not compare.

          2. Provides that any jurisdiction having the necessary computer  
             capability may start to process VBM ballots on the 10th  
             business day before the election.

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          3. Contains double-jointing language with SB 29 (Correa).

           Background
           
           Signature Verification Process .  Existing law requires a county  
          elections official, upon receiving a VBM ballot, mail ballot  
          precinct ballot, or provisional ballot, to compare the signature  
          on the identification envelope with the signature appearing in  
          the voter's registration record, as specified.  If the  
          signatures compare, existing law requires the county elections  
          official to deposit the ballot, still in the identification  
          envelope, in a ballot container in his/her office.  Due to an  
          increase in VBM and provisional ballots, and to make the  
          verification process more efficient, many county elections  
          officials use signature verification technology to compare and  
          verify signatures on ballot identification envelopes.

          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.  As noted in the  
          author's statement below, computer signature verification  
          technology is not infallible and unfortunately there are  
          circumstances that may lead the verification software to  
          incorrectly determine that a signature on an identification  
          envelope does not compare to the signature on the voter's  
          registration record.  For example, the location of the voter's  
          signature on the envelope, a problem with the digital image of  
          the signature, or an outdated signature, all may lead  
          verification software to incorrectly determine that the  
          signatures do not match.  Consequently, as mentioned above, it  
          is the existing practice of county elections officials to  
          visually compare signatures that signature verification  
          technology finds do not compare before rejecting a voted ballot.  
           However, this practice is not required by law.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/4/14)

          Secretary of State (source)
          California State Council of Service Employees International  
          Union

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           ARGUMENTS IN SUPPORT  :    According to the Author:

             California voters are increasingly choosing to vote by  
             mail. During the November 2012 statewide election, for the  
             first time ever in a general election, a majority of  
             California voters chose to cast vote-by-mail ballots.   
             Current law requires a voter's signature on a provisional  
             or mail ballot envelope to compare with a signature found  
             in the voter's registration record.  To accommodate  
             provisional ballots and the growing number of vote-by-mail  
             ballots, many elections officials use signature comparison  
             software to verify signatures.  When software cannot verify  
             that a signature compares, the existing practice is that  
             the election official visually examines the signatures to  
             determine if the ballot will be counted.  However, this  
             practice is not required by law.

             Signatures often vary over time and human eyes may identify  
             a natural progression among the signatures in the voter's  
             record.  A computer may fail to recognize that progression.  
              It is also possible that the county may have a poor  
             quality signature image - either on file or scanned from  
             the ballot envelope - that requires human eyes rather than  
             comparison by software.

             AB 2530 codifies existing best practices in the use of  
             signature verification technology that both allow  
             California elections officials to use automated systems and  
             also ensure no voter's ballot is rejected without a human  
             review of the signatures.

           ASSEMBLY FLOOR  :  53-25, 5/28/14
          AYES:  Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,  
            Garcia, Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hernández,  
            Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin,  
            Muratsuchi, Nazarian, Pan, Perea, John A. Pérez, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams,  
            Yamada, Atkins
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Gatto, Gorell, Grove, Hagman, Harkey,  

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            Jones, Linder, Logue, Maienschein, Mansoor, Melendez,  
            Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Frazier, Vacancy


          RM:d  8/6/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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