BILL ANALYSIS Ó
AB 1921
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1921 (Gonzalez)
As Amended August 8, 2016
Majority vote
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|ASSEMBLY: |46-29 |(May 2, 2016) |SENATE: |26-11 |(August 15, |
| | | | | |2016) |
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Original Committee Reference: E. & R.
SUMMARY: Permits a vote by mail (VBM) voter to who is unable to
return his or her ballot to designate any person to return the
ballot, as specified. Prohibits a designated person from
receiving any form of compensation based on the number ballots
that person returns, as specified. Specifically, this bill:
1)Deletes provisions of law that allow a VBM voter who is unable
to return his or her ballot to designate his or her spouse,
child, parent, grandparent, grandchild, brother, sister, or a
person residing in the same household as the VBM voter to
return the ballot, and instead permits the VBM voter to
designate any person to return the ballot.
2)Prohibits a person designated to return a VBM ballot from
AB 1921
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receiving any form of compensation based on the number of
ballots that the person has returned and prohibits an
individual, group, or organization from providing compensation
on this basis.
3)Defines "compensation" to mean any form of monetary payment,
goods, services, benefits, promises or offers of employment,
or any other form of consideration offered to another person
in exchange for returning another voter's VBM ballot.
4)Provides that any person in charge of a VBM ballot who
knowingly and willingly engages in criminal acts related to
that ballot as described under current law, including, but not
limited to, fraud, bribery, intimidation, and tampering with
or failing to deliver the ballot in a timely fashion, is
subject to the appropriate punishment pursuant to existing
law.
5)Repeals provisions of law that prohibit a VBM voter's ballot
from being returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest
the individual designated to return the ballot is performing a
service.
The Senate amendments add double-jointing language to avoid
chaptering problems with SB 450 (Allen) of the current
legislative session.
EXISTING LAW:
1)Permits a VBM voter who is unable to return his or her ballot
to designate his or her spouse, child, parent, grandparent,
grandchild, brother, sister, or a person residing in the same
household as the VBM voter to return the ballot to the
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elections official from whom it came or to a precinct board
before the close of the polls on election day.
2)Prohibits a VBM ballot from being returned by a paid or
volunteer worker of a general purpose committee, controlled
committee, independent expenditure committee, political party,
candidate's campaign committee, or any other group or
organization at whose behest the individual designated to
return the ballot is performing a service. Provides this
prohibition does not apply to a candidate or a candidate's
spouse.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "AB 1921 will allow voters
to designate a person of their own choosing to return a
completed mail ballot to the proper drop-off location or post
office. Currently in code, voters are only allowed to designate
a person from the arbitrary list of 'spouse, child, parent,
grandparent, grandchild, brother, sister, or a person residing
in the same household as the vote by mail voter' to return a
mail ballot. While perhaps a well-meaning attempt at defining
those who would be trusted by the voter, these restrictions
simply provide yet another obstacle for individuals attempting
to vote, without any evidence based justification against voter
fraud? In order to further protect every vote, this bill would
prohibit individual canvassers or volunteers from engaging in
any sort of paid-per ballot or performance-based compensation
schemes based on the number of ballots deposited or collected by
that person."
The practical effect of this bill is that a VBM voter may
designate any person such as a co-worker, friend, neighbor, or
even a campaign worker to drop off his or her VBM ballot.
Other states allow a voter to designate any person to drop off
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his or her mail ballot. For example, Colorado permits a person
to drop off up to 10 mail ballots, as specified. Oregon state
law permits a person who returns a ballot for an elector to
return the ballot no later than two days after receiving the
ballot in accordance with existing law. Moreover, Texas state
law permits a voter who is eligible to vote by mail to designate
any person to drop off his or her ballot, however, the
designated person is required to put his or her name and address
on the carrier envelope as a witness or assistant, as specified.
The Texas Secretary of State's Web site also recommends a VBM
voter to decline assistance from a political organization and to
instead select a trusted relative or friend to return the mail
ballot.
The Senate amendments make technical changes to avoid chaptering
problems with SB 450 (Allen). This bill, as amended in the
Senate, is consistent with the Assembly actions.
Analysis Prepared by:
Nichole Becker / E. & R. / (916) 319-2094 FN:
0004187