BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 29
          Author:   Correa (D), et al.
          Amended:  8/20/14
          Vote:     21

           
           SENATE ELECTIONS & CONST. AMEND. COMM.  :  3-1, 3/19/13
          AYES:  Correa, Hancock, Yee
          NOES:  Anderson
          NO VOTE RECORDED:  Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines

           SENATE FLOOR  :  27-10, 5/28/13
          AYES:  Beall, Block, Calderon, Corbett, Correa, De León,  
            DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,  
            Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley,  
            Price, Roth, Steinberg, Torres, Wright, Yee
          NOES:  Anderson, Berryhill, Emmerson, Fuller, Gaines, Huff,  
            Knight, Nielsen, Walters, Wyland
          NO VOTE RECORDED:  Cannella, Wolk, Vacancy

           ASSEMBLY FLOOR  :  54-25, 8/25/14 - See last page for vote


          SUBJECT  :    Vote by mail ballots and election result statements

           SOURCE  :     Author


           DIGEST  :    This bill allows vote by mail (VBM) ballots to be  
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          counted if they are cast by Election Day and received by the  
          elections official by mail no later than three days after the  
          election.

           Assembly Amendments  clarify that a VBM ballot is received by the  
          voter's elections official via the United States Postal Service  
          or a bona fide private mail delivery; allow jurisdictions that  
          have the necessary computer capability to begin processing VBM  
          ballots on the 10th business day prior to the election, instead  
          of the seventh business day prior to the election; add  
          double-jointing language with AB 2530 (Rodriguez); and make  
          other clarifying changes. 

           ANALYSIS  :    

          Existing law:

          1. Provides that a VBM ballot must be received by the elections  
             official from whom it was obtained, or by a precinct board in  
             that jurisdiction, no later than the close of polls on  
             Election Day in order for that ballot to be counted.

          2. Requires a VBM ballot identification envelope (return  
             envelope) to include specified information, including the  
             signature of the voter and the date of signing.

          3. Requires elections officials to prepare a certified statement  
             of the results of an election and to submit that statement to  
             the appropriate governing body within 28 days of the  
             election.

          This bill:

          1.Provides that a VBM ballot is timely cast if it is received by  
            the voter's elections official via the United States Postal  
            Service (USPS) or a bona fide private mail delivery company no  
            later than three days after election day and either of the  
            following is satisfied: 

             A.   The ballot is postmarked or is time stamped or date  
               stamped by a bona fide private mail delivery company on or  
               before election day; or, 

             B.   If the ballot has no postmark, a postmark with no date,  

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               or an illegible postmark, the VBM ballot identification  
               envelope is date stamped by the elections official upon  
               receipt of the VBM ballot from the USPS or a bona fide  
               private mail delivery company, and is signed and dated by  
               the voter on or before Election Day. 

          1.Allows jurisdictions that have the necessary computer  
            capability to begin processing VBM ballots on the 10th  
            business day prior to the election, instead of the seventh  
            business day prior to the election. 

          2.Extends the deadline for elections officials to prepare a  
            certified statement of the results of an election from 28 days  
            after the election to 30 days after the election. 

          3.Allows counties to continue to use envelopes and other  
            official election materials that do not take into account the  
            provisions of this bill until the supply of those materials is  
            exhausted. 

          4.Contains double-jointing language in order to avoid chaptering  
            problems with AB 2530 (Rodriguez) of the current legislative  
            session. 

           Background
           
           VBM ballot deadlines in other states  .  Each state has its own  
          deadlines for the return of mail ballots.  In some states, the  
          deadline varies depending on whether the individual submitting  
          the ballot is a civilian living in the United States, or a  
          military or overseas voter covered under the Uniformed and  
          Overseas Citizens Absentee Voting Act (UOCAVA).  

          According to information from the National Association of  
          Secretaries of State, three states require mail ballots from  
          civilians living in the U.S. to be returned prior to Election  
          Day in order to be counted, while 36 states (including  
          California) require such ballots to be received by Election Day.  
           11 states and the District of Columbia allow mail ballots from  
          civilians living in the U.S. to arrive after Election Day and  
          still be counted as long as the ballot is postmarked (or in some  
          cases, signed and dated) by Election Day.

          For active duty military and overseas citizens who are covered  

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          under UOCAVA, one state requires mail ballots to be returned  
          prior to Election Day in order to be counted, and 32 states  
          (including California) require ballots to be received by  
          Election Day.  17 states and the District of Columbia allow mail  
          ballots from voters who are covered under UOCAVA to arrive after  
          Election Day and still be counted.  Most of those states require  
          the ballot to be postmarked (or in some cases, signed and dated)  
          by Election Day.  

           2010 Primary Election Ballots in Riverside County  :  In Riverside  
          County, 12,563 VBM ballots were discovered at a local post  
          office the day after the June 8, 2010 Statewide Primary  
          Election.  These ballots were eventually accepted by the county  
          elections official, but only after a superior court judge ruled  
          that they should be counted.  In this instance, the voters had  
          mailed their ballots in time for normal delivery but county  
          elections officials, who previously and routinely visited  
          certain post offices to collect VBM ballots, did not visit the  
          post office that actually had these ballots.  While a plain  
          reading of the applicable statute would have resulted in these  
          ballots being rejected, the presiding judge ordered that the  
          ballots be counted based on a provision of the California  
          Constitution which reads "A voter who casts a vote in an  
          election in accordance with the laws of this State shall have  
          that vote counted."

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

          According to the Senate Appropriations Committee, there will be  
          unknown, potentially significant reimbursable mandate costs.   
          (General)

          County election officials will likely incur additional costs to  
          manually check the postmark on all ballots that arrive after the  
          close of the polls through the following third day.  An  
          unofficial count indicates that more than 20,000 ballots arrived  
          too late to be counted at the last statewide general election.   
          However, exact costs will be dependent on the change in voter  
          behavior - that is, how many VBM voters who currently mail their  
          ballots a week or more before the election, will then wait until  
          closer to Election Day once they learn about the three day grace  
          period.  This could result in tens of thousands of ballots  
          arriving at the county offices after Election Day and therefore  

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          necessitating a manual inspection of the postmark, resulting in  
          substantial overtime costs for county election officials.  Staff  
          estimates that reimbursable state costs could be approximately  
          $150,000 per election.  

           SUPPORT  :   (Verified  8/25/13)

          Secretary of State 
          Asian Law Caucus
          Asian Pacific American Legal Center
          California Association of Clerks and Election Officials
          California Common Cause
          California Forward
          California Teachers Association
          CALPIRG
          League of Women Voters of California
          Rural County Representatives of California

           OPPOSITION  :    (Verified  8/25/14)

          Election Integrity Project, Inc.
          Howard Jarvis Taxpayers Association

           ARGUMENTS IN SUPPORT  :    The Secretary of State's Office states  
          in support that, "One of the most common reasons why a VBM  
          ballot is not counted is because it arrives at the county  
          elections office after Election Day.  Most of these late ballots  
          arrive within the first three days following an election and in  
          all but California's smallest counties, elections officials are  
          still verifying the eligibility of VBM and provisional ballots  
          for a week or more after Election Day.  Therefore, any VBM  
          ballots that are postmarked by Election Day and arrive within  
          three days after the election can be easily added to the ongoing  
          verification process.

          "Many voters incorrectly believe the requirement that VBM  
          ballots be received by their county elections official by  
          Election Day is really a 'mail by date' because the voter  
          registration and tax filing deadlines are governed by a postmark  
          date.  The 2012 closures of several post offices and mail  
          processing facilities have had the effect of slowing mail  
          delivery in many jurisdictions.  Overseas voters are  
          particularly impacted by delays in mail delivery, and often face  
          challenges allowing enough time for their ballots to be received  

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          by Election Day.  

          By providing more time for completed ballots to reach local  
          election offices, SB 29 will ensure that thousands of voters who  
          take the time to fill out and cast their ballot will have that  
          ballot counted."

           ARGUMENTS IN OPPOSITION  :    The Howard Jarvis Taxpayers  
          Association states in opposition that, "SB 29 allows for ballots  
          postmarked by Election Day to still be counted if they are  
          received by the County Registrar of Voters within three days  
          following election day.  In addition, it allows for ballots that  
          have no postmark, a postmark with no date, or an illegible  
          postmark to be dropped off by USPS or a private mail delivery  
          company as long as the ballot is signed and dated on or before  
          Election Day.   It is over this latter provision that we must  
          oppose the bill.

          "We sympathize with the author's desire to ensure that voters  
          are not disenfranchised.  We recall the situation in Riverside  
          County in 2010 when over 20,000 ballots originally were not  
          counted after being found in a Post Office the day after the  
          election.  However, this bill attempts to fix that problem by  
          creating new ones.  For instance, a ballot without a postmark  
          leads one to question its legitimacy.  How do election officials  
          know it wasn't filled out after the election? 

          "Also, the term 'bona fide private mail company' is not defined  
          in the bill.  By this, one assumes the author's intent is to  
          reference FedEx or UPS, but this is not specified in the bill.   
          Presumably anyone could walk in off the street and drop off a  
          ballot after election day as long as it was back-dated to  
          election day.  

          "If SB 29 becomes law it will lead to votes being cast after the  
          polls have closed.  Beyond adding hundreds of thousands of  
          dollars in new election costs, SB 29 fundamentally alters the  
          integrity of our elections process and could lead to untold  
          amounts of fraud."  
           

           ASSEMBLY FLOOR  : 54-25, 08/25/14
          AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  

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            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,  
            Frazier, 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,  
            Jones, Linder, Logue, Maienschein, Mansoor, Melendez,  
            Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED: Vacancy


          RM:nl:k  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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