BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1504|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 1504
          Author:   Alejo (D), et al.
          Amended:  6/1/15 in Assembly
          Vote:     21  

           SENATE ELECTIONS & C.A. COMMITTEE:  4-0, 6/30/15
           AYES:  Allen, Anderson, Hertzberg, Liu
           NO VOTE RECORDED:  Hancock

           ASSEMBLY FLOOR:  53-27, 6/3/15 - See last page for vote

           SUBJECT:   Elections: all-mailed ballot elections: pilot  
                     project


          SOURCE:    Author


          DIGEST:  This bill allows Monterey and Sacramento counties to  
          join a pilot program currently underway in San Mateo and Yolo  
          counties, under which the participating counties are permitted  
          to conduct all-mailed ballot elections on up to three different  
          dates, on or before December 31, 2017, and subject to certain  
          conditions and reporting requirements.  


           ANALYSIS:   


          Existing law:

          1) Allows elections held on no more than three different dates  
             in San Mateo and Yolo counties to be conducted wholly by  








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             mail, as part of a pilot project lasting through January 1,  
             2018, subject to the following conditions:

             a)    The governing body of the city, county, or district, by  
                resolution, authorizes the all-mailed ballot election and  
                notifies the Secretary of State (SOS) of its intent to  
                conduct an all-mailed ballot election at least 88 days  
                prior to the date of the election;

             b)    The election does not occur on the same date as a  
                statewide primary or general election or any other  
                election conducted in an overlapping jurisdiction that is  
                not consolidated and conducted as an all-mailed ballot  
                election, and is not a special election to fill a vacancy  
                in a state office, the Legislature, or Congress;

             c)    At least one ballot dropoff location is provided in  
                each city within the jurisdiction or ballot dropoff  
                locations are fixed in a manner so that the number of  
                residents for each ballot dropoff location does not exceed  
                100,000 on the 88th day prior to the election, whichever  
                results in more dropoff locations.   Requires dropoff  
                locations to be open during business hours to receive  
                voted ballots beginning 28 days before the date of the  
                election and until 8 p.m. on the day of the election;

             d)    At least one polling place is provided per city where  
                voters can request a ballot between 7 a.m. and 8 p.m. on  
                the day of the election if they need a replacement ballot;

             e)    The elections official delivers to each voter all  
                supplies necessary for the use and return of the mail  
                ballot, including an envelope for the return of the voted  
                mail ballot with postage prepaid;

             f)    The elections official posts on the Web site of the  
                county elections office and delivers to each voter, with  
                either the sample ballot or with the voter's ballot, a  
                list of the ballot dropoff locations and polling places  
                provided; and,

             g)    The polling places provided are at accessible locations  
                and are equipped with voting units or systems that are  
                accessible to individuals with disabilities.







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          2) Requires the county if it conducts an all-mailed ballot  
             election pursuant to the pilot project described above, to  
             report to the Legislature and to the SOS regarding the  
             success of the election.  Requires the report to include, but  
             not be limited to, statistics on the cost to conduct the  
             election; the turnout of different populations, including,  
             but not limited to, the population categories of race,  
             ethnicity, age, gender, disability, permanent vote by mail  
             (VBM) status, and political party affiliation, to the extent  
             possible; the number of ballots that were not counted and the  
             reasons why they were rejected; voter fraud; and, any other  
             problems that became known to the county during the election  
             or canvass.

          Requires the report, whenever possible, to compare the success  
             of the all-mailed ballot election to similar elections not  
             conducted wholly by mail in the same jurisdiction or  
             comparable jurisdictions.  Requires the report to be  
             submitted to the Legislature within six months after the date  
             of an all-mailed ballot election or prior to the date of any  
             other all-mailed ballot election conducted pursuant to the  
             pilot project, whichever is sooner.

          3) Permits an election to be conducted wholly by mail if the  
             governing body authorizes the use of mailed ballots for the  
             election, the election occurs on an established mailed ballot  
             election date, and the election is one of the following:

              a)     An election in which no more than 1,000 registered  
                 voters are eligible to participate;

              b)     An election in a city, county, or district with 5,000  
                 or fewer registered voters that is restricted to the  
                 imposition of special taxes, expenditure limitation  
                 overrides, or both;

              c)     An election on the issuance of a general obligation  
                 water bond;

              d)     An election in one of four specifically enumerated  
                 water districts; or,

              e)     An election or assessment ballot proceeding required  







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                 or authorized by the state constitution under Proposition  
                 218.

          4) Authorizes a city with a population of 100,000 or less or a  
             school district to conduct any special election held to fill  
             a vacancy as an all-mailed ballot election.

          5) Authorizes a special district to conduct any election as an  
             all-mailed ballot election on any date other than an  
             established election date.

          This bill:

           1) Allows Monterey and Sacramento counties to join a pilot  
             program currently underway in San Mateo and Yolo counties,  
             under which the participating counties are permitted to  
             conduct all-mailed ballot elections on up to three different  
             dates, on or before December 31, 2017, and subject to certain  
             conditions and reporting requirements.

           2) Makes corresponding and technical changes.

          Background


          Prior All-Mailed Ballot Election Pilot Project in Monterey  
          County:  AB 319 (Salinas, Chapter 385, Statutes of 2001) allowed  
          Monterey County to conduct any election within the county as an  
          all-mailed ballot election, provided that the election did not  
          contain a state or federal office.  AB 319 specified that it was  
          to serve as a pilot project for mailed ballot elections, and  
          required Monterey County to report to the Legislature and the  
          SOS regarding the success of the election, including, but not  
          limited to, any statistics on the increase of voter fraud.  The  
          pilot project ended on December 31, 2005.  AB 591 (Salinas,  
          2005) sought to extend the pilot project until December 31,  
          2008, but that bill failed after never being heard in the Senate  
          Elections, Reapportionment, and Constitutional Amendments  
          Committee.

          Unfortunately, the report filed by Monterey County as part of  
          the pilot project was cursory, and less than one page long, and  
          therefore lacked information necessary to evaluate the pilot  
          project.  Although the report concluded that the mailed ballot  







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          elections conducted under the pilot project had increased  
          turnout, decreased costs, and did not result in voter fraud, the  
          report lacked the detail necessary to assess these claims.   
          Furthermore, the report failed to disclose an incident in which  
          approximately 200 registered voters in the Castroville area of  
          the County did not receive a ballot until after election day for  
          one of the elections held under the pilot project. 

          San Mateo and Yolo County Pilot Project:  In 2011, the  
          Legislature approved and the Governor signed AB 413 (Yamada,  
          Chapter 187, Statutes of 2011), which created a pilot program  
          allowing Yolo County to conduct local elections on not more than  
          three dates as all-mailed ballot elections.  AB 413 was intended  
          to serve as a pilot project to evaluate the desirability of  
          further expanding the circumstances under which elections are  
          permitted to be conducted as all-mailed ballot elections.  Yolo  
          County conducted all-mailed ballot elections in March 2013 in  
          the City of Davis and the Washington Unified School District as  
          permitted by AB 413, and submitted its report on those elections  
          in December 2013.

          The report prepared in connection with the first two elections  
          conducted in Yolo County under the pilot project found that  
          turnout at the all-mailed ballot elections conducted as part of  
          the pilot project was not significantly different than similar  
          polling place elections held in the two jurisdictions in prior  
          years.  The study also found that turnout rates broken down by  
          age, ethnic background, party preference, and permanent VBM  
          status was consistent and similar between the polling place and  
          the all-mailed ballot elections.  The study found that data  
          provided on the cost to conduct all-mailed ballot elections was  
          inconclusive in determining whether there are significant  
          savings to moving to all-mailed ballot elections.  However, the  
          study also cautioned that Davis - one of the jurisdictions in  
          which the pilot was conducted - "is a relatively affluent,  
          homogenous community with a higher level of educational  
          achievement than most other areas of the state" and so the  
          results "are not necessarily applicable to other, dissimilar  
          communities."  The report also noted that the effects of  
          all-mailed ballot elections on turnout would not necessarily be  
          similar in general elections.  Yolo County is permitted to  
          conduct local elections as all-mailed ballot elections on two  
          additional dates before the conclusion of the pilot project.








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          Comments


           1) Purpose of the bill.  According to the author, this bill  
             seeks to modestly expand the current pilot program allowing  
             for all mail elections by adding Monterey County and  
             Sacramento County to the list of participating counties.   
             This will allow for additional information to be collected  
             about the impact of all mail elections, particularly in more  
             rural counties where polling places tend to be more spread  
             out and difficult to access and urban counties where voters  
             face different challenges.  Currently, only one urban county  
             (San Mateo County) and one rural county (Yolo County) are  
             allow[ed] to participate under the existing pilot program  
             which is scheduled to sunset in 2018. 

           In recent years, the percentage of California voters who cast  
             mail-in ballots has increased dramatically, and it is  
             especially significant in special elections.  In recent  
             elections, more than 80% of voters cast their ballots by mail  
             in some cases.  Given the record low 18.3% voter turnout in  
             the recent 2014 statewide primary election, the lowest since  
             1946, California is facing a democracy crisis when it comes  
             to the civic participation of its voters and all mail  
             elections offer an opportunity to turn that around.

           University of California San Diego research indicates that when  
             special elections are conducted by mail, turnout levels  
             increase by close to eight percentage points in California.   
             An increase of this magnitude could mean nearly doubling  
             turnout rates in some jurisdictions.  In addition, the policy  
             has the potential to save taxpayer dollars because  
             mail-ballot elections typically cost significantly less than  
             traditional polling place elections which includes staffing  
             expenses.

           In the early 1990s, California embarked on an all-mail special  
             election pilot project.  That particular project was  
             conducted in Stanislaus County, and the results indicated  
             increase in turnout from 7% below the statewide average to 7%  
             above.  In addition, the county spent half as much money  
             administering the election as it did during traditional  
             polling place elections.  However, the pilot was not  







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             extended, nor was the policy adopted statewide. 

           Nearly two decades later, in 2011, the Legislature authorized  
             another pilot project in a rural county, again with the  
             intention of examining the turnout effects of VBM elections.   
             The project only applied to one rural county, and the number  
             of mail-in elections dates is capped at three.  Prior  
             elections were conducted on one out of the three total  
             permissible election dates, and a subsequent election report  
             demonstrated no significant increase or decrease in turnout,  
             including when turnout levels were broken down by ethnicity.   
             The report did, however, indicate a total cost-savings of  
             about 43%.  In the end, it called for more data on all-mail  
             elections in California.  In addition, more data is also  
             needed to gauge the impact of SB 29 (Correa, Chapter 618,  
             Statutes of 2014) which allows VBM ballots to be accepted and  
             counted even if they arrive at a county election headquarters  
             up to three days after Election Day.

           Last year, the Legislature added San Mateo County to the pilot  
             program, but the program should be expanded even more to  
             gather more data.  In doing so, more counties should be  
             included to add to the data collected from the rural and  
             urban counties of Yolo and San Mateo that are already part of  
             the program.  Monterey County and Sacramento County are great  
             candidates as rural and urban counties, respectively.   
             Monterey County even had temporary authorization to conduct  
             all-mail elections for a two-year period from 2002 to 2003,  
             so there is already experience and infrastructure for  
             all-mail elections.  By adding Monterey County and Sacramento  
             County to the current pilot, AB 1504 proposes a minor  
             expansion of the program.

           2) All Mailed Ballot Election Pilot Project?Take Three?.  Last  
             year, the Legislature approved and the Governor signed AB  
             2028 (Mullin, Chapter 209, Statutes of 2014), which allowed  
             San Mateo County to join Yolo County in participating in the  
             ongoing pilot project.  Part of the author's rationale for  
             introducing AB 2028 was to expand the pilot program to gather  
             more data, and to get information from an urban county "to  
             contrast the rural county [Yolo] that is already part of the  
             program."  San Mateo County has not yet conducted an election  
             as part of the all-mailed ballot pilot program that was  
             expanded by AB 2028.  (San Mateo County conducted an  







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             all-mailed ballot election on May 5, 2015, for a parcel tax  
             measure in the San Carlos School District, but that election  
             was conducted as an all-mailed ballot election pursuant to  
             other provisions of existing law, and not as part of the  
             pilot project authorized by AB 2028.)


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/1/15)


           California Association of Clerks and Election Officials
           Monterey County Board of Supervisors
           Sacramento County Board of Supervisors
           Urban Counties Caucus


          OPPOSITION:   (Verified7/1/15)


          American Civil Liberties Union of California
          Asian Americans Advancing Justice Los Angeles
          Disability Rights California 


          ARGUMENTS IN SUPPORT:     According to the Sacramento County  
          Board of Supervisors, voter turnout for special elections is  
          incredibly low with fewer than 10% of voters turning out in some  
          instances.  Additionally, more than 50% of California voters are  
          now voting by mail in statewide general elections, and the  
          numbers are more dramatic in special elections.  In recent  
          special elections some saw more than 80% of voters cast their  
          ballot by mail.  Finally, authorizing Sacramento County to  
          conduct all-mail ballot elections, as specified, could mean not  
          only an increase in voter participation but also a significant  
          cost savings to the taxpayers.  A Yolo County study found a cost  
          savings of as much as 43% under the all-mail format in 2013. 


          Including Sacramento County in the pilot program would broaden  
          the statewide analysis of the impact of conducting all-mailed  







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          ballot elections by adding a large urban county.


          ARGUMENTS IN OPPOSITION:       The American Civil Liberties  
          Union, Asian Americans Advancing Justice Los Angeles, and  
          Disability Rights California believe the potential to  
          disenfranchise voters with disabilities and those with  
          limited-English proficiency outweighs the potential gains.


          In-person voting is how California provides much-needed services  
          to certain voters. Many voters with disabilities rely on  
          in-person voting because they can use an accessible voting  
          machine to cast a ballot. Voters who are blind or who have a  
          manual dexterity disability may rely on voting machines to cast  
          a vote because paper ballots available by mail are inaccessible.  
           Similarly, voters with limited-English proficiency, who account  
          for 11% of eligible voters in Monterey County and 8% in  
          Sacramento County, often use in-person voting because they can  
          receive assistance from bilingual poll workers on Election Day  
          and have the opportunity to view a facsimile ballot in the  
          language of their choice.


          ASSEMBLY FLOOR:  53-27, 6/3/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández,  
            Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty,  
            Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Harper,  
            Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes,  
            Melendez, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk

          Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106
          7/2/15 14:12:00


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