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 ----------------------------------------------------------------- |Author: |Mullin | |-----------+-----------------------------------------------------| |Version: |7/1/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- 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 AB 477 (Mullin) Page 2 of ? 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 AB 477 (Mullin) Page 3 of ? 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 AB 477 (Mullin) Page 4 of ? 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 AB 477 (Mullin) Page 5 of ? 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. AB 477 (Mullin) Page 6 of ? 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 AB 477 (Mullin) Page 7 of ? 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. AB 477 (Mullin) Page 8 of ? 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 AB 477 (Mullin) Page 9 of ? 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. AB 477 (Mullin) Page 10 of ? 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 AB 477 (Mullin) Page 11 of ? 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 ------------------------------------------------------------------ |Assembly Floor: |50 - 29 | |--------------------------------------+---------------------------| |Assembly Appropriations Committee: |12 - 5 | |--------------------------------------+---------------------------| |Assembly Elections and Redistricting | 4 - 2 | |Committee: | | ------------------------------------------------------------------ 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 -- AB 477 (Mullin) Page 12 of ?