BILL ANALYSIS Ó
AB 2089
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GOVERNOR'S VETO
AB
2089 (Quirk)
As Enrolled September 7, 2016
2/3 vote
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|ASSEMBLY: |69-3 |(May 5, 2016) |SENATE: |27-11 |(August 23, |
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|ASSEMBLY: |71-7 |(August 29, | | | |
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Original Committee Reference: E. & R.
SUMMARY: Requires a county elections official to notify a voter
if his or her vote by mail (VBM) ballot was not counted.
The Senate amendments:
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1)Require the county elections official to make any notification
required by this bill within 30 days after the completion of
the official canvass and require the notice to include the
reason the ballot was not counted.
2)Add double-jointing language to avoid chaptering problems with
AB 2911 (Committee on Elections and Redistricting), Chapter
422, Statutes of 2016.
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill could result in unknown General Fund
reimbursable costs, likely in excess of $50,000 each election
cycle, to reimburse counties.
COMMENTS: 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 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."
SB 589 (Hill), Chapter 280, Statutes of 2013, requires elections
officials to establish a free access system by which a VBM voter
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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, requires
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.
This bill, as amended in the Senate, is consistent with Assembly
actions.
GOVERNOR'S VETO MESSAGE:
This bill requires a county elections official to
notify a vote-by-mail voter if their ballot was not
counted and the reason it was not counted.
This bill is unnecessary. Currently, law requires a
county elections official to establish a free access
system that allows a vote-by-mail voter to learn
whether his or her ballot was counted, and if not, the
reason why the ballot was not counted. I believe this
is sufficient.
Analysis Prepared by:
Lori Barber / E. & R. / (916) 319-2094 FN:
0005091
AB 2089
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