BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 477         Hearing Date:    7/7/15    
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          |Author:    |Mullin                                               |
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          |Version:   |7/1/15                                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Frances Tibon Estoista                               |
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           Subject:  Elections:  ballots, Green Party presidential primary  
                                 delegate procedures

           DIGEST
           
           This bill  does the following:  

                 Allows a voter who failed to sign his or her vote by  
               mail (VBM) identification envelope to sign a statement up  
               to 8 days after the election, as specified, in order to  
               have his or her ballot counted;
                 Establishes procedures for the Green Party to  
               participate in the presidential 
               primary, a process for establishing county councils; and,
                 Establishes a verification process for election  
               officials relating to provisional ballots.
            
           ANALYSIS
           
           Existing law  as it relates to comparing of signatures on VBM  
          ballots: 

          1)Requires a county elections official, upon receiving a VBM  
            ballot, to compare the signatures on the identification  
            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  







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                election official that contains the voter's signature,  
                that is part of the voter's registration record, and that  
                the election 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  
             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 election 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. 

          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 election official, in comparing signatures, to  
             use signature verification technology.  Prohibits an election  
             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.

           This bill  :

           1) Provides that an elections official may validate the  
             signature on the identification envelope with the signature  
             appearing on any form issued by an elections official that  
             contains the voter's signature that is part of the voter's  
             registration record instead of having to compare the  








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             signature to a series of signatures that demonstrates the  
             progression of the voter's signature.

           2) Requires if an elections official determines that a voter  
             has failed to sign the identification envelope, the elections  
             official shall not reject 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  eighth  day after the election.

              b)    Before 5 p.m. on the  eighth  day after the election,  
                completes and submits an "unsigned ballot statement" in  
                substantially the following form (and signed under penalty  
                of perjury):

                                "UNSIGNED BALLOT STATEMENT
               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 close of the polls on election day, completes  
               and submits an unsigned ballot statement, in the form  
               described in clause b), to a polling place within the  
               county or a ballot dropoff box.

           1) If timely submitted, the elections official shall accept any  
             completed unsigned ballot statement.  Upon receipt of the  
             unsigned ballot statement, the elections official shall  
             compare the voter's signature on the statement in the manner  
             provided.

                 If the elections official determines that the signatures  








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               compare, he or she shall 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.

                 If the elections official determines that the signatures  
               do not compare, the identification envelope shall not be  
               opened and the ballot shall not be counted.

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

             a)   Instructions shall accompany the unsigned ballot  
               statement 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.

               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 eighth 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 dropoff box  
                 before the close of the polls on election day.

           1) Requires the Secretary of State (SOS) 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  








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             officials, or provide conspicuous hyperlinks to that  
             information, on the Internet Web page containing the  
             statement and instructions.

           2) Requires an elections official to include the unsigned  
             ballot 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.

           3) Provides that a ballot shall not be removed from its  
             identification envelope until the time for processing  
             ballots.  And further provides a ballot shall not be rejected  
             for cause after the identification envelope has been opened.
           Existing law  generally provides for specific procedures by which  
          the Democratic Party, the Republican Party, the American  
          Independent Party, and the Peace and Freedom Party participate  
          in the presidential primary; authorizes the Democratic Party,  
          the Republican Party, the American Independent Party and the  
          Peace and Freedom Party to each elect county central committees,  
          and also establish state central committees.

           This bill  :

           1) Establishes the procedures by which the Green Party would  
             participate in the presidential primary.

           2) Authorizes the Green Party to establish county councils by  
             election.

           3) Establishes a Green Party state coordinating committee.

           Existing law  as it relates to provisional voting and ballot  
          processing:

          At all elections, a voter claiming to be properly registered,  
          but whose qualification or entitlement to vote cannot be  
          immediately established upon examination of the index of  
          registration for the precinct or upon examination of the records  
          on file with the county elections official, shall be entitled to  
          vote a provisional ballot as follows:

             a)   An elections official shall advise the voter of the  
               voter's right to cast a provisional ballot.








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             b)   The voter shall be provided a provisional ballot,  
               written instructions regarding the process and procedures  
               for casting the provisional ballot, and a written  
               affirmation regarding the voter's registration and  
               eligibility to vote.

             c)   The voter shall be required to execute, in the presence  
               of an elections official, the written affirmation stating  
               that the voter is eligible to vote and registered in the  
               county where the voter desires to vote.

           Existing law  further provides:

             Once voted, the voter's ballot shall be sealed in a  
             provisional ballot envelope, and the ballot in its envelope  
             shall be deposited in the ballot box.  All provisional  
             ballots voted shall remain sealed in their envelopes for  
             return to the elections official in accordance with the  
             elections official's instructions.  The provisional ballot  
             shall be a color different than the color of, but printed  
             substantially similar to, the envelopes used for VBM ballots,  
             and shall be completed in the same manner as VBM envelopes.

             During the official canvass, the elections official shall  
             examine the records with respect to all provisional ballots  
             cast.  Using the procedures that apply to the comparison of  
             signatures on vote by mail ballots pursuant to existing law,  
             the elections official shall compare the signature on each  
             provisional ballot envelope with the signature on the voter's  
             affidavit of registration or other signature in the voter's  
             registration record. If the signatures do not compare or the  
             provisional ballot envelope is not signed, the ballot shall  
             be rejected.  A variation of the signature caused by the  
             substitution of initials for the first or middle name, or  
             both, shall not invalidate the ballot.

           Existing law  requires provisional ballots not be included in any  
          semiofficial or official canvass, except upon:  (A) the  
          elections official's establishing prior to the completion of the  
          official canvass, from the records in his or her office, the  
          claimant's right to vote; or (B) the order of a superior court  
          in the county of the voter's residence.  A voter may seek the  
          court order specified in this paragraph regarding his or her own  








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          ballot at any time prior to completion of the official canvass.   
          Any judicial action or appeal shall have priority over all other  
          civil matters.  A fee shall not be charged to the claimant by  
          the clerk of the court for services rendered in an action under  
          this section.

          Existing law  provides the provisional ballot of a voter who is  
          otherwise entitled to vote shall not be rejected because the  
          voter did not cast his or her ballot in the precinct to which he  
          or she was assigned by the elections official.

           Existing law  provides if the ballot cast by the voter contains  
          the same candidates and measures on which the voter would have  
          been entitled to vote in his or her assigned precinct, the  
          elections official shall count the votes for the entire ballot.   
          If the ballot cast by the voter contains candidates or measures  
          on which the voter would not have been entitled to vote in his  
          or her assigned precinct, the elections official shall count  
          only the votes for the candidates and measures on which the  
          voter was entitled to vote in his or her assigned precinct.

           Existing law  requires the SOS to establish a free access system  
          that any voter who casts a provisional ballot may access to  
          discover whether the voter's provisional ballot was counted and,  
          if not, the reason why it was not counted.  Allows the SOS to  
          adopt appropriate regulations.  Provides that any existing  
          supply of envelopes marked "special challenged ballot" may be  
          used until the supply is exhausted.

           This bill  :

           1) Requires, during the official canvass, the elections  
             official to also compare the residence address provided by  
             the voter on the provisional ballot envelope with the most  
             current residence address on file.  If the signatures compare  
             after an examination, as specified, and the residence address  
             provided matches the most current residence address on file,  
             the ballot shall be counted.  Except as provided existing  
             law, if the residence address provided on the provisional  
             envelope does not match the most current residence address on  
             file, the elections official shall review the provisional  
             voter's registration record to attempt to verify the voter's  
             registration and current residence address.









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           2) Requires that if the voter provides an in-county residence  
             address different from the residence address in the official  
             record, the elections official shall duplicate or move the  
             ballot to the precinct of the new address on the provisional  
             ballot envelope and count only the races the voter is  
             entitled to vote on.  The voter shall be reregistered at the  
             residence address provided on the provisional ballot envelope  
             for future elections.

           3) If the voter provides a post office box or business address  
             on the line of the provisional ballot envelope requesting the  
             voter's current residence address and, during the official  
             canvass, the elections official independently verifies the  
             voter's residence address and the residence address is within  
             the county where the provisional ballot was cast, the ballot  
             shall be counted.  If the ballot is counted, the elections  
             official shall count only the races the voter is entitled to  
             vote on, based on the voter's independently verified  
             residence address and does not require an elections official  
             to attempt to independently verify a voter's residence  
             address during the official canvass.

           4) Provides if the elections official's review is not  
             conclusive or the voter provides an out-of-county address,  
             the ballot shall be rejected.

           5) Makes other technical and corresponding changes.

           BACKGROUND
           
           Vote By Mail Ballot Rejection  :  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 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  








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          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.

           Current Procedures for Processing Unsigned VBM Ballots  :   
          Existing 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.   


           COMMENTS
                                           
            1) 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. 









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           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) Chula Vista Dispute  .  In the November 2014 General Election  
             for a Chula Vista City Council race, the winning candidate  
             won by a narrow margin of two votes.  A legal challenge by  
             the opponent was filed contending the Registrar of Voters  
             incorrectly rejected 10 provisional ballots declared  
             ineligible during review.  Specifically at issue is how some  
             provisional ballots are handled.  In the Chula Vista race, it  
             came down to 10 provisional ballots that the ROV declared  
             ineligible because voters wrote down an address that was not  
             their residence address; four wrote down a P.O. Box, three  
             listed a business address, and three wrote down what was  
             deemed to be a non-existent address.

           Although the superior court judge ruled that the San Diego  
             Registrar of Voters did not err when he left uncounted the  
                                                   ballots in question, what the case did highlight was the  
             possibility that counties around the state do not validate  
             provisional ballots in a consistent manner.

                               RELATED/PRIOR LEGISLATION
           








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          AB 1135 (Chapter 271, Statutes of 2013, Mullin) is similar to  
          the provision on signature comparison on VBM's as it allows  
          elections officials to use other documents to verify a voter's  
          signature, as long as the signatures show a progression over  
          time.

          AB 2530 (Chapter 906, Statutes of 2014, Rodriguez) requires if  
          signature software was used to verify a VBM, mail ballot  
          precinct ballot or provisional ballot, then any rejected  
          signatures must be visually examined to verify that the  
          signatures do not compare.  AB 477 amends a portion of that  
          provision of existing law.

          PRIOR ACTION
           
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          |Assembly Floor:                       |50 - 29                    |
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          |Assembly Appropriations Committee:    |12 - 5                     |
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          |Assembly Elections and Redistricting  |  4 - 2                    |
          |Committee:                            |                           |
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          POSITIONS
           
          Sponsor: Author

           Support: Secretary of State Alex Padilla
                    California Association of Clerks and Election  
                   Officials
                    California Common Cause
                    California Voter Foundation
                    Green Party of California
                    Los Angeles County Board of Supervisors
                    League of Women Voters of California

           Oppose:  None received
                                          
                                      -- END --
          











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