BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: SB 637 HEARING DATE:6/4/13
AUTHOR: YEE ANALYSIS BY:Darren Chesin
AMENDED: 5/13/13
FISCAL: YES
SUBJECT
Early voting: Saturdays
DESCRIPTION
Existing law provides, between 29 days prior to an election
and the close of the polls on Election Day, that any voter
may request and vote a vote by mail (VBM) ballot at the
office of the elections official. For purposes of this
provision, the office of an elections official may include
satellite locations. VBM ballots voted at these satellite
locations must be placed in a voter identification envelope
to be completed by the voter. However, if the elections
official utilizes electronic voting devices, the VBM ballot
may be cast on an electronic voting device.
Existing law permits, but does not require, elections
officials to allow voters to cast VBM ballots prior to an
election at their offices or satellite locations on
weekends or at times beyond regular office hours.
This bill requires on a Saturday occurring at least 14
calendar days prior to an election administered by a local
elections official, the elections official shall allow
voters to vote by means of early voting at a location that
is convenient, accessible, and complies with disability
access requirements under federal and state law.
This bill defines "early voting" as voting a VBM ballot in
person at the office of the elections official or another
location designated by the elections official either before
or on the day of the election.
This bill would require the Secretary of State (SOS) to
assist local elections officials in accomplishing all of
the following for purposes of promoting and expanding the
practice of early voting:
Establishing multiple locations for early voting, in
addition to the offices of local elections officials.
Notifying voters of early voting locations in all ballot
materials sent to voters and through the use of other
promotional materials and methods.
Ensuring that early voting locations and procedures
comply with disability access requirements under federal
and state law.
In assisting local elections officials the SOS shall
consider practices used in other states to provide for
voting before the day of the election.
This bill requires the SOS to report to the Legislature by
January 1, 2015, regarding the assistance provided to local
elections officials pursuant to this bill and the results
achieved by local elections officials in promoting and
expanding the practice of early voting.
This bill would take effect immediately as an urgency
statute.
BACKGROUND
Current Saturday Voting in California . In conjunction with
the November 6, 2012 General Election, the Los Angeles
County Registrar of Voters conducted a survey of county
elections officials regarding Saturday voting in which 41
counties responded. That survey indicated that 25 counties
representing over 82% of all statewide registered voters
provided voters an opportunity to cast ballots during one
or more Saturdays prior to the election.
Other States . According to the National Conference of
State Legislatures (NCSL), in 32 states (including
California) and the District of Columbia, any qualified
voter may cast a ballot in person during a designated
period prior to Election Day with no excuse or
justification required. It is unclear from the NCSL data
which of these states provided early voting opportunities
on Saturdays.
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COMMENTS
1.According to the author : Early voting is a practice
that allows voters to conveniently cast their vote
prior to Election Day. According to the National
Conference of State Legislatures, 32 states and the
District of Columbia offer early voting opportunities.
California allows for early voting in person at county
elections offices, as well as no-excuse absentee
voting. In some counties, early voting practices also
include voting at convenient locations outside of
county elections offices.
According to election results certified by the Secretary
of State, about 72% of the state's 18,245,970
registered voters participated in the 2012 general
election. SB 637 will increase voter outreach and
early voting opportunities in California, and therefore
allow for increased voter participation for future
elections.
Voters may cast their vote prior to the designated
Election Day through an absentee ballot, or by visiting
their local county elections office (or designated
office) within the in-person voting period. However
for whatever reason that a voter is not able to make it
to their polling location on Election Day, or might not
have adequate time to request a vote-by-mail ballot and
have it mailed and received by Election Day, they may
go to the designated early voting location in their
county and cast their vote early.
For many working class families, the current system might
not be the most convenient. In larger counties, the
county elections office might not necessarily be the
most convenient or accessible location. And their
regular hours of operation make it even more difficult
for a voter to get to after working a full day's shift.
Saturday voting, at a convenient and accessible
location, can not only increase voter turnout, but
brings an opportunity for parents to engage their
children and teach them about the democratic process.
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2.Why Apply to All Mail Elections ? This bill would require
all local jurisdictions, including those that conduct
all-mail elections, to provide early voting on one or
more Saturdays. Should this bill be amended to exempt
elections conducted as all-mail or in jurisdiction where
all the precincts are small enough to be legally deemed
mail ballot precincts (such as Alpine and Sierra
Counties)?
3.Small, Medium, or Large ? This bill would also apply to
"stand-alone" elections in small jurisdictions where
early voting may have limited benefits relative to its
costs. Should this bill be amended to limit its
application to statewide elections or elections in other
large jurisdictions?
4.Assist in Accomplishing ? This bill would require the SOS
to "assist local elections officials in accomplishing"
specified practices including establishing multiple
locations for early voting, notifying voters of early
voting locations in all ballot materials sent to voters,
and ensuring that early voting locations and procedures
comply with disability access requirements under federal
and state law. It is unclear however, what the phrase
"assist local elections officials in accomplishing"
means. The SOS is clearly required to "assist" local
elections officials but are the local elections officials
actually required to provide for the aforementioned early
voting locations and notifications to voters? This bill
should be amended to clarify the intent of the author.
5.Why so Early ? This bill specifies that the early voting
be offered on a Saturday occurring at least 14 calendar
days prior to an election. Under this provision, an
elections official would not be in compliance with this
bill even if he or she provided early voting on either or
both of the two Saturdays immediately prior to the
election. Should this bill be amended to permit the
elections official to decide which Saturday is best for
his or her jurisdiction?
6.When on Saturday ? This bill requires the offices of
elections officials to permit early voting on one or more
Saturdays prior to an election but it does not specify
the hours during which early voting must be offered.
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Should this bill be amended to specify the hours?
7.Convenient and Accessible ? This bill requires the early
voting locations to be "convenient" and "accessible." It
is unclear however what "convenient" and "accessible"
mean. This bill defines "early voting" as voting a VBM
ballot in person at the office of the elections official
or another location but in many counties and other large
jurisdictions the elections official's office would not
be considered "convenient" for many voters due to long
distances or other reasons. This bill should be amended
to either define "convenient" and "accessible" or permit
early voting at only the elections official's office.
POSITIONS
Sponsor: Service Employees International Union (SEIU)
Local 1000
Support: American Federation of State, County and Municipal
Employees
California Association of Psychiatric Technicians
California Common Cause
California School Employees Association
Union of American Physicians and Dentists,
AFSCME-Local 206
Oppose: None received
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