BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 15, 2015


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                           Sebastian Ridley-Thomas, Chair


          AB 477  
          (Mullin) - As Amended April 8, 2015


          SUBJECT:  Elections:  vote by mail ballots.


          SUMMARY:  Allows a voter who failed to sign his or her vote by  
          mail (VBM) identification envelope to sign a statement up to 10  
          days after the election, as specified, in order to have his or  
          her ballot counted.  Specifically, this bill:  


          1)Prohibits an elections official, if he or she determines that  
            a voter has failed to sign the VBM identification envelope,  
            from rejecting the VBM ballot if the voter does any of the  
            following:


             a)   Signs the identification envelope at the office of the  
               elections official during regular business hours before 5  
               p.m. on the 10th day after the election;


             b)   Before 5 p.m. on the 10th day after the election,  
               completes and submits an unsigned ballot statement to be in  
               substantially the following form; 


                           "UNSIGNED BALLOT STATEMENT








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               I, am a registered voter of __________ County, State of  
               California. I do solemnly swear (or affirm) that I  
               requested and returned a vote by mail ballot and that I  
               have not and will not vote more than one ballot in this  
               election. I understand that if I commit or attempt any  
               fraud in connection with voting, or if I aid or abet fraud  
               or attempt to aid or abet fraud in connection with voting,  
               I may be convicted of a felony punishable by imprisonment  
               for 16 months or two or three years. I understand that my  
               failure to sign this statement means that my vote by mail  
               ballot will be invalidated.


             


              Voter's Signature 





              Address"  


             c)   Before the polls close on election day, completes and  
               submits an unsigned ballot statement, in the form described  
               above, to a polling place within the county or ballot  
               drop-off box.

          2)Requires an elections official, if timely submitted, to accept  
            any completed unsigned ballot statement. Requires an elections  
            official, upon receipt of the unsigned ballot statement, to  
            compare the voter's signature on the statement in the manner  








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            provided by current law.

          3)Requires an elections official, if he or she determines that  
            the signatures compare, to attach the unsigned ballot  
            statement to the identification envelope and deposit the  
            ballot, still in the identification envelope, in a ballot  
            container in his or her office.



          4)Prohibits an elections official, if he or she determines that  
            the signatures do not compare, from opening the identification  
            envelope and prohibits the ballot from being counted.



          5)Permits an elections official to use methods other than those  
            described above to obtain a voter's signature on an unsigned  
            identification envelope.



          6)Requires instructions to accompany the unsigned ballot  
            statement to be in substantially the following form:





               "READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE  
               STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 


                                   YOUR BALLOT NOT TO COUNT. 













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               1. In order to ensure that your vote by mail ballot will be  
               counted, your statement should be completed and returned as  
               soon as possible so that it can reach the elections  
               official of the county in which your precinct is located no  
               later than 5 p.m. on the tenth day after the election. 



              2. You must sign your name on the line above (Voter's  
            Signature). 



               3. Place the statement into a mailing envelope addressed to  
               your local elections official. Mail, deliver, or have  
               delivered the completed statement to the elections  
               official. Be sure there is sufficient postage if mailed and  
               that the address of the elections official is correct. 



               4. Alternatively, you may submit your completed statement  
               by facsimile transmission to your local elections official,  
               or submit your completed statement to a polling place  
               within the county or a ballot drop off box before the close  
               of the polls on election day. 





          7)Requires the Secretary of State to include the unsigned ballot  
            statement and instructions described above on his or her  
            Internet Web site, and provide a list of mailing addresses,  
            and facsimile transmission numbers of all elections officials,  
            or provide conspicuous hyperlinks to that information, on the  
            Internet Web page containing the statement and instructions.

          8)Requires an elections official to include the unsigned ballot  








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            statement and instructions described above on his or her  
            Internet Web site, and provide the elections official's  
            mailing address, and facsimile transmission number on the  
            Internet Web page containing the statement and instructions.


          9)Allows an elections official to compare the signature on a VBM  
            ballot identification envelope with a signature appearing on  
            any form issued by the elections official that contains the  
            voter's signature and that is part of the voter's registration  
            record, instead of providing that an elections official may  
            make a determination of whether the signature on a voter's VBM  
            ballot identification envelope compares to the voter's  
            registration record by reviewing a series of signatures  
            appearing on official forms in the voter's registration record  
            that have been determined to compare, and that demonstrates  
            the progression of the voter's signature.


          EXISTING LAW:  


          1)Requires a county elections official, upon receiving a VBM  
            ballot, to compare the signatures 
          on the envelope with either of the following:

             a)    The signature appearing on any previous affidavit of  
               registration of the voter; or,

             b)   The signature appearing on a form issued by an elections  
               official that contains the voter's signature, that is part  
               of the voter's registration record, and that the elections  
               official has determined compares with the signature on the  
               voter's affidavit of registration or any previous affidavit  
               of registration of the voter.

          2)Permits an elections official to make the determination of  
            whether a signature on a VBM ballot compares with the  
            signatures on file for that voter by reviewing a series of  








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            signatures appearing on official forms in the voter's  
            registration record that have been determined to compare, that  
            demonstrate the progression of the voter's signature, and  
            makes evident that the signature on the identification  
            envelope is that of the voter.

          3)Permits a county elections official to use the duplicate file  
            of affidavits of registered voters or facsimiles of voters'  
            signatures when determining from the records of registration  
            if the signature and residence address compare, as specified.

          4)Provides that if the ballot is rejected because the signatures  
            do not compare, the envelope shall not be opened and the  
            ballot shall not be counted.  Requires the cause of the  
            rejection to be written on the face of the identification  
            envelope.

          5)Authorizes an elections official, in comparing signatures, to  
            use signature verification technology.  Prohibits an elections  
            official, if the signature verification technology determines  
            the signatures does not compare, from rejecting the ballot  
            unless he or she visually examines the signatures and verifies  
            that the signatures do not compare. 

          6)Allows VBM ballots to be counted if they are cast by election  
            day and received by the elections official by mail no later  
            than three days after the election, as specified.

          FISCAL EFFECT:  Unknown.  State-mandated local program: contains  
          reimbursement direction.


          COMMENTS:  


          1)Purpose of the Bill:  According to the author:


               AB 477 will reduce the number of legitimate vote-by-mail  








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               ballots that are rejected, ensuring that fewer voters are  
               disenfranchised. California has one of the highest ballot  
               rejection rates in the country, which is especially  
               disconcerting because vote-by-mail ballot use has increased  
               rapidly in recent years, with 60 percent of voters casting  
               their ballots by mail in last November's general election.  
               With such high usage rates, it is imperative the state do  
               everything possible to minimize the number of discarded  
               legitimate ballots. 



               69,000 ballots were rejected in the 2012 general election.  
               About one-quarter of vote-by-mail ballots were thrown out  
               because the signature on the ballot envelope did not match  
               the signature on record. With the advent of online voter  
               registration, many voters' signatures are pulled from their  
               Department of Motor Vehicles file. In many cases, this  
               signature is out of date or the voter was unable to sign  
               clearly because they used an electronic signature pad. AB  
               477 would reduce the number of ballots thrown out because  
               of mismatching signatures by allowing elections officials  
               to use other signatures in a voter's registration record to  
               verify vote-by-mail envelopes. 



               In addition, about 17 percent of ballots are not counted  
               because the voter failed to sign his or her ballot envelope  
               altogether. To remedy this, AB 477 allows elections  
               officials to collect a voter's signature on a separate  
               form, signed under penalty of perjury. This policy has been  
               successfully implemented in both Florida and Colorado.  
               Lastly, the bill also incorporates another successful  
               Colorado law by allowing elections officials to collect  
               signatures on unsigned ballots after Election Day.


          2)Vote By Mail Ballot Rejection:  The UC Davis California Civic  








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            Engagement Project conducted a statewide survey of  
            California's 58 county election offices to gain a better  
            understanding of California's use of VBM ballots, including  
            return methods.  According to their September 2014 brief,  
            entitled "California's Uncounted VBM Ballots: Indentifying  
            Variation in County Processing," in 2012, for the first time  
            in a statewide general election, over 50 percent of  
            California's voters chose to cast their ballot via VBM.  This  
            totaled 6.6 million ballots.  However, approximately one  
            percent of those VBM ballots received by the elections  
            official were rejected during ballot processing.  That amounts  
            to approximately 69,000 ballots. According to the survey, late  
            receipt was the most common reason why a VBM ballot was  
            uncounted.  Signature issues, such as a missing signature or a  
            mismatching signature, were the other top two reasons for VBM  
            ballot rejection.  



          In an effort to remedy the significant VBM ballot rejection  
            rate, last session the Legislature approved and Governor Brown  
            signed SB 29 (Correa), Chapter 618, Statutes of 2014, which  
            allowed VBM ballots to be counted if they are cast by election  
            day and received by the elections official by mail no later  
            than three days after the election, as specified.  The signing  
            and implementation of SB 29 (Correa), was ground breaking as  
            it represented the first time that California state law  
            explicitly has allowed any ballot which was received after  
            election day to be counted.  

          According to the author's statement, the goal of this bill is to  
            address those VBM ballots that arrive with no signature.  This  
            bill will help remedy this problem by prohibiting an elections  
            official, if a voter has failed to sign the VBM identification  
            envelope, from rejecting the VBM ballot, as specified.  This  
            bill creates a new process that permits a voter to either sign  
            the identification envelope of his or her VBM ballot at the  
            elections official's office or complete and submit an unsigned  
            ballot statement before 5 p.m. on the 10th day after the  








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            election, as specified.  If the voter chooses to complete and  
            submit an unsigned ballot statement, this bill requires that  
            the unsigned ballot statement be mailed or delivered to the  
            elections official's office before 5 p.m. on the 10th day  
            after election day or, alternatively, dropped off at a polling  
            place or in a drop-off box within the county the voter is  
            registered before the polls close on election day.
          3)Current Procedures for Processing Unsigned VBM Ballots:   
            Current law does not require county elections officials to  
            contact a voter and inform them that his or her ballot was not  
            counted.  However, in practice, when it comes to VBM ballots  
            being rejected due to missing signatures, county elections  
            officials attempt to contact the voter prior to election day  
            in order to provide them the opportunity to correct their  
            ballot.  According to the UC Davis California Civic Engagement  
            Project survey referenced above, nearly all counties utilize  
            multiple methods to contact a voter, such as contacting the  
            voter by phone, email, or mailing the VBM ballot back.   
            However, because current law does not require a voter to  
            provide a phone number or email when an individual registers  
            to vote or requests a VBM ballot, efforts to contact a voter  
            remain a challenge as a voter's phone number and email may not  
            be updated or available.  While this bill sets up a new  
            process that will help ensure that a voter who votes by mail  
            and forgets to sign his or her VBM ballot has an opportunity  
            to ensure their ballot is counted, one major issue remains  
            unresolved - county elections officials will still face  
            similar challenges when attempting to contact a voter to alert  
            them of a missing signature.   



          On the other hand, because phone numbers and emails are  
            difficult for an elections official to obtain, mail is usually  
            the only available recourse when contacting a voter.  This  
            bill, which permits an unsigned ballot statement to be  
            received by an elections official 10 days after election day,  
            will, theoretically, provide county elections officials with  
            more time to alert a voter of their unsigned VBM ballot and  








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            allow a voter time to correct the lack of signature on the VBM  
            identification envelope.  
          4)Florida and Colorado Laws:  According to the author, this bill  
            was partially inspired by election laws in Florida and  
            Colorado.  Florida law requires an election supervisor, until  
            5 p.m. on the day before an election, to allow a voter who has  
            returned an unsigned absentee ballot to complete and submit an  
            affidavit in order to cure the unsigned absentee ballot, as  
            specified.  This bill mirrors some aspects of Florida's law  
            and prohibits an elections official, if a voter has failed to  
            sign his or her VBM identification envelope, from rejecting  
            the VBM ballot.  Specifically, this bill permits the voter to  
            complete and submit an unsigned ballot statement to the  
            elections official, as specified.  



          This bill also incorporates components of a Colorado election  
            law pertaining to unsigned mail or provisional ballots.   
            Colorado requires an elections official, if a mail or  
            provisional ballot return envelope lacks a signature, to  
            contact the voter in writing no later than two calendar days  
            after election day.  Colorado requires an elections official  
            to send a letter to the voter informing the voter that he or  
            she must sign and return a Signature Affidavit Form in person  
            or by mail, facsimile, or email no later than eight days after  
            the election.  This bill contains similar provisions and  
            requires a voter to complete and submit an unsigned ballot  
            statement in person or by mail or fax, not email, by the 5  
            p.m. on the 10th day after election day.  
          5)Arguments in Support:  In support of this bill, the California  
            Voter Foundation, writes:


               Last year the [California Voter Foundation] published a  
               first-of-its-kind, in-depth study of three counties'  
               vote-by-mail programs, indentifying differences between  
               these programs and recommending improvements that can be  
               implemented so that more mail ballots that are cast can be  








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               counted.  Our study found that two counties - Sacramento  
               and Orange - when voters fail to sign their VBM envelope,  
               the voter is contacted and urged to come to the election  
               office and sign the envelope there.  In the third county  
               studied - Santa Cruz - ballots that lack a signature are  
               mailed back to the voter to be signed and re-submitted,  
               creating some confusion as to whether new postage needs to  
               be affixed to the VBM envelope.  By providing an additional  
               method for county registrars to collect a VBM voter's  
               missing signature, [AB 477] will help increase the VBM  
               ballot success rate. 


          6)Previous Legislation:  AB 1135 (Mullin), Chapter 271, Statutes  
            of 2013, expands the list of documents a county elections  
            official may use to compare to the signature on a VBM ballot  
            identification envelope, as specified.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Voter Foundation


          VerifiedVoting.org




          Opposition


          None on file.








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