BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 29| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 29 Page 2 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, CONTINUED SB 29 Page 3 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 CONTINUED SB 29 Page 4 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 CONTINUED SB 29 Page 5 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 CONTINUED SB 29 Page 6 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, CONTINUED SB 29 Page 7 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 **** END **** CONTINUED