BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 13, 2016


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          AB 2089  
          (Quirk) - As Amended March 17, 2016


          SUBJECT:  Vote by mail ballots: voter notification.


          SUMMARY:  Requires a county elections official to notify a voter  
          if his or her vote by mail (VBM) ballot was not counted.  


          EXISTING LAW:  


          1)Provides that a VBM ballot must be received by the elections  
            official from whom it was obtained, or by a precinct board in  
            that jurisdiction, no later than the close of polls on  
            election day in order for that ballot to be counted.

          2)Requires a VBM ballot identification envelope to include  
            specified information, including the following:

             a)   A declaration, under penalty of perjury, stating that  
               the voter resides within the precinct in which he or she is  
               voting and is the person whose name appears on the  
               envelope;

             b)   The signature of the voter; 

             c)   The residence address of the voter as shown on the  








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               affidavit of registration; and,

             d)   The date of signing.

          3)Requires a county elections official, upon receiving a VBM  
            ballot, to compare the signatures 
          on the envelope with either of the following:

             a)   The signature appearing on the voter's affidavit of  
               registration or any previous affidavit of registration of  
               the voter; or,

             b)   The signature appearing on a form issued by an elections  
               official that contains the voter's signature and that is  
               part of the voter's registration record. 

          4)Permits a county elections official to use facsimiles of  
            voters' signatures when determining if the signatures match  
            provided that the method of preparing and displaying the  
            facsimiles complies with existing law. 

          5)Requires the elections official, if it is determined that the  
            signatures compare, to deposit the ballot, still in the  
            identification envelope, in a ballot container.  

          6)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.

          7)Prohibits a variation of a signature caused by the  
            substitution of initials for the first or middle name, or  
            both, to be grounds for the elections official to determine  
            that the signatures do not compare.

          8)Authorizes an elections official, in comparing signatures, to  
            use signature verification technology.  Prohibits an elections  
            official, if the signature verification technology determines  








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            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. 

          9)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.

          10)Requires the county elections official to establish a free  
            access system that allows a VBM voter to learn whether his or  
            her VBM ballot was counted and, if not, the reason why the  
            ballot was not counted.  Requires the elections official to  
            make the free access system available to a VBM voter upon the  
            completion of the official canvass and for 30 days thereafter.

          FISCAL EFFECT:  Unknown. State-mandated local program; contains  
          reimbursement direction. 


          COMMENTS:  


          1)Purpose of the Bill: According to the author:


          In California, a majority of voters in a general election  
          cast their ballots by mail.  Fifty-one percent of  
          Californians who voted in the November 2012 election, voted  
          by mail.  Unfortunately, 59,370 vote-by-mail ballots were  
          not counted by county registrars throughout the state  
          during the November 2012 election.





          Assembly Bill 2089 requires election officials to notify  
          voters when their ballot was not counted in the last  
          election cycle. The local election officials will be  








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          permitted to come up with the best notification process  
          that would be the best fit for their area. 


           


          In California, we have a reputation for setting the right  
          precedent for the nation; AB 2089 will continue this  
          legacy. 


          2)What Happened to MY Ballot? The California Voter Foundation  
            explored VBM voting in California in their 2014 report  
            "Improving California's Vote-by-Mail Process: A Three-County  
            Study" in which they studied four elections taking place in  
            Orange, Sacramento and Santa Cruz counties from 2008-2012.  In  
            their study they found three primary reasons that VBM ballots  
            went uncounted in California elections: 


             a)   61 percent of the uncounted ballots arrived late; 


             b)   20 percent were lacking a signature; and,


             c)   18 percent arrived with a signature on the envelope that  
               did not match the one on the voter's affidavit of  
               registration.  


          3)State Mandates:  The Governor's proposed 2016-2017 State  
            Budget includes the suspension of various state mandates as a  
            mechanism for cost savings.  Included in the list of possible  
            suspensions are elections mandates, which have also been  
            suspended in each of the last five budgets.  The Committee may  
            wish to consider whether it is desirable to create additional  
            election mandates on counties, when current mandates are under  








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            consideration of suspension.


          4)Previous Legislation: SB 589 (Hill), Chapter 280, Statutes of  
            2013, enacted provisions to require elections officials to  
            establish a free access system by which a VBM voter may learn  
            whether his or her ballot was counted and, if not, the reason  
            why it was not counted.  


            SB 1725 (Bowen) Chapter 687, Statutes of 2006, enacted  
            provisions requiring elections officials to establish  
            procedures to ensure the security, confidentiality, and  
            integrity of any personal information collected stored or  
            otherwise used in tracking VBM ballots.   


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Lori Barber / E. & R. / (916) 319-2094








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