BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 362 (Padilla) - Voting: Natural Disasters
Amended: April 8, 2013 Policy Vote: E&CA 4-1
Urgency: No Mandate: Yes
Hearing Date: May 13, 2013 Consultant: Maureen Ortiz
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 362 requires a county elections official to
issue a vote by mail ballot to emergency workers when that
individual is assisting with the recovery efforts during an
out-of-state emergency as called by the Governor.
Fiscal Impact:
Unknown but likely less than $25,000 (General)
Actual costs are unknown and will depend on the extent and
frequency of the disaster, whether the disaster occurs during an
election period, and the number of personnel who are not already
registered as vote-by-mail voters.
Background: Existing law, pursuant to AB 1440 (Swanson),
Chapter 395, Statutes of 2009, allows emergency personnel who
are officially engaged in responding to a state of emergency
after a disaster such as fire or earthquake to vote in an
election by casting a provisional ballot within any county in
California and further requires that county elections official
to forward that ballot to the appropriate county where the voter
resides.
California residents often volunteer to assist in the recovery
of natural disasters that occur outside of this state. Family
members and professionals such as firefighters, police officers,
National Guardsmen, utility workers, and other California
residents travel to areas affected by disasters for extended
periods of time to help with recovery efforts. Sometimes these
efforts are close to election times and affect the individual's
ability to cast his or her vote in a timely manner.
SB 362 (Padilla)
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For instance, in the aftermath of Hurricane Sandy, the L. A.
Department of Water & Power, SoCal Edison, San Diego Gas &
Electric, Pacific Gas & Electric, the California Red Cross,
National Guard, and the California Emergency Management Urban
Search and Rescue Team were among many organizations that left
California right before the election. Many of these individuals
were unable to vote because the deadline to register as a
vote-by-mail voter had already passed.
Proposed Law: SB 362 requires a county elections official to
issue a vote by mail ballot to an emergency workers when that
individual is assisting with the recovery efforts during an
out-of-state emergency as called by the Governor. The ballot
will be counted as long as it is received by the elections
official no later than three days after election day and
postmarked on or before election day or time-stamped of
date-stamped by a private mail delivery company on or before
election day.
The bill authorizes the vote by mail ballot to be sent to the
emergency worker via electronic mail or facsimile.
Staff Comments: This bill could result in reimbursable state
mandated costs, however it is not likely that costs would exceed
$50,000 in any year. Counties would only incur costs to the
extent that the emergency worker was out-of-state during the
weeks directly preceding an election AND only if the worker was
not already a vote-by-mail voter.