BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 362
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          SENATE THIRD READING
          SB 362 (Padilla)
          As Amended August 5, 2013
          Majority vote 

           SENATE VOTE  :30-7  
           
           ELECTIONS           5-2         APPROPRIATIONS      13-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bocanegra, Bonta,   |Ayes:|Gatto, Bocanegra,         |
          |     |Hall, Perea               |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Linder, Pan,      |
          |     |                          |     |Quirk, Weber              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Donnelly, Logue           |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Wagner          |
           ----------------------------------------------------------------- 
           SUMMARY :  Authorizes an emergency worker, as defined, to cast a  
          ballot outside of his or her precinct upon the declaration of an  
          out-of-state emergency by the Governor and the issuance of an  
          executive order, as specified.  Specifically,  this bill  :   

          1)Defines an out-of-state emergency worker, for the purposes of  
            this bill, to mean a voter who is officially engaged in  
            responding to the proclamation of an out-of-state emergency  
            and whose vocation has been identified in an executive order  
            relating to the state of emergency.

          2)Requires a county elections official, upon the declaration of  
            an out-of-state emergency by the Governor and the issuance of  
            an executive order authorizing an out-of-state emergency  
            worker, as defined, to cast a ballot outside his or her home  
            precinct, to issue, upon request of an out-of-state emergency  
            worker, a vote by mail (VBM) ballot to the out-of-state  
            emergency worker using a process determined by that elections  
            official.  Requires the process to include all of the  
            following: 

             a)   Authorization for an out-of-state emergency worker to  
               request a VBM ballot after the close of the VBM ballot  








                                                                  SB 362
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               application period as specified by current law.

             b)   VBM ballot and accompanying voting materials to be sent  
               to an out-of-state emergency worker by mail, facsimile  
               transmission, or email, as requested by the out-of-state  
               emergency worker.  Permits an elections official to use  
               reasonable facsimiles of the sample ballot sent to voters  
               as a VBM ballot.

             c)   A requirement that an out-of-state emergency worker mark  
               the VBM ballot provided to him or her, place it in the VBM  
               identification envelope, and return the VBM ballot to the  
               elections official from whom it was obtained.  Provides if  
               no identification envelope is provided, the envelope used  
               to return the VBM ballot must include information pursuant  
               to existing law and a statement signed under penalty of  
               perjury that the voter is an out-of-state emergency worker.  


          3)Provides that in order to be counted, a VBM ballot cast  
            pursuant to this bill shall be received in accordance with  
            current law. 

          4)Requires an elections official to receive and canvass the VBM  
            ballots described in the bill under the same procedure as VBM  
            ballots under existing law.

          5)Makes various findings and declarations.
           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, any minor costs to elections officials would be state  
          reimbursable.

           COMMENTS  :   According to the author, "Last November we saw how a  
          natural disaster outside of California can affect our voters.  
          Hurricane Sandy made landfall on the east coast a week before  
          the 2012 Presidential Election.

          "Immediately, volunteers from the California Utilities Emergency  
          Association were called in to help. The association represents  
          almost 90 cities, state agencies, and public & private  
          utilities. These volunteers had little time to prepare special  
          arrangements to vote. And many had missed the deadline to apply  
          for an absentee ballot. 









                                                                  SB 362
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          "Neither the Governor nor the Secretary of State nor County  
          Election Officials had the authority to allow the volunteers to  
          vote under special circumstances. Hundreds of California  
          disaster relief volunteers were unable to vote. SB 362 will  
          change that.

          "Under current law, the Governor can declare a state of  
          emergency and authorize certain voting benefits to emergency  
          workers assisting within California.  Current law does not  
          provide any process for California emergency workers helping  
          outside the state. SB 362 will apply the current process for  
          instate disasters to out of state disasters."

          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 an  
          earthquake to vote in an election by casting a provisional  
          ballot within any county in California.

          Please see the policy committee analysis for a full discussion  
          on this bill.
           

          Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094 


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