BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 589|
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THIRD READING
Bill No: SB 589
Author: Hill (D)
Amended: 4/1/13
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 4/2/13
AYES: Correa, Hancock, Padilla, Yee
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 4/15/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Vote by mail ballots: sample ballots
SOURCE : Secretary of State
DIGEST : This bill requires county election officials to offer
a free access system whereby vote-by-mail (VBM) voters can learn
whether their ballot was counted, authorizes elections officials
to compare signatures to previous affidavits on file, and also
authorizes the counties to elect not to mail sample ballots
under specified conditions.
ANALYSIS :
Existing law:
1. Outlines procedures for VBM and establishes requirements for
elections officials to compare the signature on a VBM ballot
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envelope with that appearing on the affidavit of
registration. If the ballot is rejected because the
signatures do not compare, the envelope shall not be opened
and the ballot shall not be counted. The cause of the
rejection must be written on the face of the identification
envelope.
2. Requires elections officials to establish procedures to track
and confirm the receipt of VBM ballots and to make this
information available by means of online access using the
county's elections division Internet Web site. If the county
does not have an elections division Internet Web site, the
elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted VBM
ballot was received.
3. Requires the Secretary of State to establish a free access
system to allow any voter who casts a provisional ballot to
determine whether his/her provisional ballot was counted and,
if not, the reason why it was not counted.
4. Provides that in order to facilitate the timely production
and distribution of sample ballots, the county elections
official may prepare a combined sample ballot, which also
contains the voter information guide (VIG).
This bill:
1. Requires each county elections official to establish a free
access system that allows a VBM voter to learn whether
his/her ballot was counted and, if not, the reason why the
ballot was not counted. The free access system must be
available to voters for at least 30 days immediately
following the completion of the official canvass.
2. Allows the counties to elect not to mail a sample ballot to a
voter if that voter is a permanent VBM voter, is in an
all-mail ballot election, or is in an all-mail ballot
precinct.
3. Provides that an election official does not have to mail a
sample ballot if the voter has already received a VIG which
contained a sample ballot.
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Background
VBM Voting in California : In the past few elections, the number
of voters choosing to vote using a VBM ballot has increased
significantly, particularly since the enactment of AB 1520
(Shelley, Chapter 922, Statutes of 2001), which allowed any
voter to become a permanent VBM voter.
Of the 13,202,158 California voters participating in the 2012
Presidential Election, about 6.8 million people, or 51%, cast
their ballots by mail. This continued, steady increase suggests
that the number of voters opting to vote by VBM ballot will
continue to grow.
Reasons Why a VBM Ballot Might Not be Counted : Under current
law, there have been two primary reasons why a VBM ballot that
was completed and returned to the elections officials may not be
counted. One of the most common reasons is that many ballots
are received by the elections office after Election Day, and
state law requires that VBM ballots be received by the close of
polls on Election Day in order to be counted. A voter who was
under the impression that his/her ballot would be counted as
long as the envelope was postmarked by Election Day could
repeatedly have his/her ballot not counted if that voter
regularly waited until Election Day to put their VBM ballot in
the mail.
The other primary reason why a VBM ballot might not be counted
is that the signature on the identification envelope is missing
or does not match the one on the voter's affidavit of
registration. Illness and age can be factors that contribute to
a signature changing over time. For example, many older voters
do not realize that the signature on file with the registrar of
voters no longer matches their current signature and as a result
their VBM ballot may not be counted.
Prior legislation
AB 293 (Hill) of 2011 would have required the elections official
to establish a free access system that allows a VBM voter to
find out whether his/her VBM ballot was counted and, if not, the
reason why the ballot was not counted. AB 293 was vetoed by the
Governor, who, although he supported the author's intent, vetoed
the measure based on the new mandate.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potentially minor costs to counties for providing free-access
system. (General)
Potential savings to counties for printing and mailing fewer
sample ballots. (General)
SUPPORT : (Verified 4/16/13)
Secretary of State (source)
SEIU
California Association of Clerks and Election Officials
ARGUMENTS IN SUPPORT : According to the author's office, for
the first time in California's history, a majority of voters in
a general election cast their ballots by mail in the November 6,
2012 election. Unfortunately, over 59,000 VBM ballots were
rejected by county registrars throughout the state. Roughly 1%
of VBM voters in California submitted their ballots and thought
they voted, not knowing that their ballots were rejected. This
bill allows VBM voters to contact their local registrar of
voters to determine if their ballot was counted. If their
ballot was rejected, this bill requires the registrar to inform
the VBM voter why their ballot was rejected so they can remedy
the problem for future elections. Under existing law these VBM
voters have no way of knowing there's a problem and don't know
to fix the problem.
The "free access system" requirement in this bill provides
county registrars with flexibility to determine how they want to
comply with the provisions of this bill. County registrars can
comply with this bill by informing voters on a walk-in basis,
informing voters over the phone, or informing voters online.
This bill also provides county registrars with flexibility on
printing requirements in order to reduce redundancy for voters.
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This bill allows county registrars to omit the sample ballot
language when they mail the voter information guide to VBM
voters. This is a reasonable option since VBM voters will
receive the actual ballot containing complete ballot language
for all measures shortly after the voter information guide is
delivered. Instead of receiving the ballot language twice, VBM
voters will only receive it once when they receive their ballot.
RM:d 4/17/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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