BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 477


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          ASSEMBLY THIRD READING


          AB  
          477 (Mullin)


          As Amended  April 8, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                 |
          |----------------+------+----------------------+---------------------|
          |Elections       |4-2   |Ridley-Thomas,        |Grove, Gatto         |
          |                |      |Gordon, Mullin, Perea |                     |
          |                |      |                      |                     |
          |----------------+------+----------------------+---------------------|
          |Appropriations  |12-5  |Gomez, Bloom, Bonta,  |Bigelow, Chang,      |
          |                |      |Calderon, Daly,       |Gallagher, Jones,    |
          |                |      |Eggman, Eduardo       |Wagner               |
          |                |      |Garcia, Holden,       |                     |
          |                |      |Quirk, Rendon, Weber, |                     |
          |                |      |Wood                  |                     |
          |                |      |                      |                     |
          |                |      |                      |                     |
           -------------------------------------------------------------------- 


          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  








                                                                       AB 477


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            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, as  
               specified; or, 



             c)   Before the polls close on election day, completes and  
               submits an unsigned ballot statement 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  
            provided by current law.



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



          4)Requires instructions to accompany the unsigned ballot  
            statement, as specified. 








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          5)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.











          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 



          1)Costs to elections officials would be state reimbursable, but  
            should be minor such that mandate claims would be unlikely, but  
            if filed, would not exceed $30,000 statewide.



          2)Any costs to the Secretary of State would be minor and  
            absorbable.









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          COMMENTS:  According to the author, "AB 477 will reduce the number  
          of legitimate vote-by-mail 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?"



          The UC Davis California Civic 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: Identifying  
          Variation in County Processing," in 2012, for the first time in a  
          statewide general election, over 50% of California's voters chose  
          to cast their ballot via VBM.  This totaled 6.6 million ballots.   
          However, approximately 1% 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.  



          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  








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          official's office or complete and submit an unsigned ballot  
          statement before 5 p.m. on the 10th day after the 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.



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




          Analysis Prepared by:                                               
                          Nichole Becker / E. & R. / (916) 319-2094  FN:  
          0000239