BILL ANALYSIS Ó
SB 362
Page 1
SENATE THIRD READING
SB 362 (Padilla)
As Amended August 5, 2013
Majority vote
SENATE VOTE :30-7
ELECTIONS 5-2 APPROPRIATIONS 13-4
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|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 |
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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.
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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
FN:
0001670