BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2686|
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                                   THIRD READING 


          Bill No:  AB 2686
          Author:   Mullin (D) and Gonzalez (D)
          Amended:  6/16/16 in Senate
          Vote:     21 

           SENATE ELECTIONS & C.A. COMMITTEE:  4-1, 6/21/16
           AYES:  Allen, Hancock, Hertzberg, Liu
           NOES:  Anderson

           ASSEMBLY FLOOR:  57-20, 5/23/16 - See last page for vote

           SUBJECT:   Elections:  all-mailed ballot elections


          SOURCE:    Author
          
          DIGEST:  This bill allows a county to conduct a legislative or  
          congressional vacancy election as a mailed ballot election as  
          part of a pilot project, subject to certain conditions, if more  
          than half the voters in the county are permanent vote by mail  
          (VBM) voters.  Allows for an ongoing mailed ballot election  
          pilot project in San Diego County, and broadens the scope of  
          that pilot project until January 1, 2021.


          ANALYSIS:  


          Existing law:


          1)Permits a special election in San Diego County, held before  
            January 1, 2021, to be conducted by mailed ballot subject to  








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            all of the following conditions:

             a)   The special election is being held for any of the  
               following purposes:

               i)     To fill a vacancy in the Legislature or in Congress,  
                 and the legislative or congressional district lies wholly  
                 within San Diego County;

               ii)    To fill a vacancy on the governing body of San Diego  
                 County, or of any city, school district, community  
                 college district, special district, or other district or  
                 political subdivision located wholly within San Diego  
                 County; or,

               iii)   To vote on a local measure, other than a recall, for  
                 San Diego County, or for any city, school district,  
                 community college district, special district, or other  
                 district or political subdivision located wholly within  
                 San Diego County.

             b)   The governing body of the jurisdiction, or the San Diego  
               County Board of Supervisors in the case of a special  
               election to fill a vacancy in the Legislature or in  
               Congress, authorizes the use of mailed ballots for the  
               election.

             c)   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 wholly by mail.

             d)   Ballot drop-off locations, as specified, are provided  
               such that there is at least one location per city (if the  
               boundaries of the jurisdiction for which the election is  
               being held overlap with the boundaries of a city) and at  
               least one location for every 100,000 registered voters in  
               unincorporated areas, and such locations are open during  
               business hours to receive voted ballots beginning not less  
               than seven days before the election.

             e)   The elections official provides for at least six hours  
               of voting at a satellite location within the jurisdiction  
               on at least one Saturday and Sunday after the ballots are  







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               delivered to voters.

             f)   At least one polling place is provided per jurisdiction  
               for which the election is being held, or the polling places  
               are fixed in a manner so that there is one polling place  
               for every 10,000 registered voters within the district, as  
               specified, whichever results in more polling places.   
               Provides that a polling place shall allow voters to request  
               a ballot between 7 a.m. and 8 p.m. on the day of the  
               election if they need replacement ballots for any reason.

             g)   Polling places are established in accordance with  
               existing state and federal accessibility requirements, and  
               access to polling places is evenly distributed throughout  
               the jurisdiction for which the election is being held.

             h)   The elections official does the following for polling  
               places that consolidate one or more precincts for which the  
               elections official has obligations to recruit or attempt to  
               recruit precinct board members who are fluent in a language  
               in addition to English:

               i)     In the case of precincts covered by language  
                 requirements in federal law, the elections official  
                 ensures that the polling place is staffed by precinct  
                 board members who speak that language; and,

               ii)    In the case of precincts covered by language  
                 requirements in state law, the elections official makes  
                 reasonable efforts to ensure that the polling place is  
                 staffed by precinct board members who speak that  
                 language.

             i)   Each voter receives all supplies necessary for the use  
               and return of the mail ballot, including a return envelope  
               for the voted ballot with postage prepaid.

             j)   Each voter receives all of the following from the  
               elections official:

               i)     A notice, translated into all languages as required  
                 by state and federal law, that informs voters of the  
                 following:








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                  (1)       That the election is being conducted by mail  
                    and that each eligible voter will receive a ballot by  
                    mail;

                  (2)       The voter may cast a ballot in person at a  
                    satellite location; and,

                  (3)       The voter may request the county elections  
                    official to send a ballot in a language other than  
                    English pursuant to state and federal law.

               ii)    A list of the ballot drop-off, satellite, and  
                 polling place locations, and that list is posted on the  
                 Internet Web site of the county elections office; and,

               iii)   A postage-paid postcard that the voter may return to  
                 the elections official for the purpose of requesting a  
                 ballot in a language other than English.

             aa)  The elections official submits a voter education and  
               outreach plan to the SOS that includes all of the  
               following:

               i)     Education and outreach meetings, and in-person  
                 educational workshops, related to providing voting  
                 materials and assistance in languages other than English,  
                 and ensuring the accessibility of the election process  
                 for individuals with disabilities. 

               ii)    A toll-free voter assistance hotline, as specified,  
                 that is operational between the date that ballots are  
                 mailed to voters until 5 p.m. on the day after the  
                 special election.

               iii)   Public service announcements, as specified,  
                 informing voters of the upcoming election and promoting  
                 the voter assistance hotline.

               iv)    A voter education social media strategy, as  
                 specified.

             bb)  The voter education and outreach plan is posted on the  
               Web sites of the SOS and of the elections official.








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             cc)  Election results for the special election are reported  
               by precincts, and the elections official maintains records  
               of persons who voted in the election, as specified, for a  
               minimum of 10 years.

          2)Allows local elections held on no more than three different  
            dates in Monterey, Sacramento, San Mateo, and Yolo counties to  
            be conducted wholly by mail, as part of a pilot project  
            lasting through January 1, 2018, subject to certain  
            conditions.

          3)Requires Monterey, Sacramento, San Diego, San Mateo, or Yolo  
            County, if it conducts an election by mailed ballot pursuant  
            to one of the pilot projects detailed above, to report to the  
            Legislature and to the SOS regarding the success of the  
            election, including, but not limited to, all of the following:

             a)   Any statistics on the cost to conduct the election; 

             b)   The turnout of different populations, including, but not  
               limited to and to the extent possible, the population  
               categories of race, ethnicity, language preference (for the  
               San Diego pilot project only), age, gender, disability,  
               permanent VBM status, and political party preference;

             c)   The number of ballots that were not counted and the  
               reasons they were rejected; 

             d)   Voter fraud; and, 

             e)   Any other problems that became known to the county  
               during the election or canvass.  

            Requires the report, whenever possible, to compare the  
            election conducted under the pilot project to similar  
            elections not conducted as mailed ballot elections in the same  
            jurisdiction or comparable jurisdictions.

          4)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  







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               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 or  
               authorized by the state constitution under Proposition 218.

          5)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 a mailed ballot election.

          6)Authorizes a district to conduct any election as a mailed  
            ballot election on any date other than an established election  
            date.

          7)Permits every registered voter to request a VBM ballot for an  
            election, and permits every registered voter to become a  
            permanent VBM voter who automatically receives a VBM ballot  
            for every election in which he or she is eligible to vote.


          This bill:

          1)Expands a previously-authorized pilot project that allows San  
            Diego County to conduct special elections as mailed ballot  
            elections, subject to certain conditions, to allow the  
            following types of elections to be conducted under the pilot  
            project:

             a)   Elections that are occurring in local government  
               agencies that include territory outside of San Diego  
               County, provided that only the San Diego County-portion of  
               the election is conducted pursuant to the terms of the  
               pilot project; and, 








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             b)   Local recall elections.

          2)Allows any county, until January 1, 2021, to conduct a special  
            election to fill a vacancy in Congress or the Legislature as a  
            mailed ballot election as part of a pilot project that is  
            subject to similar conditions as the San Diego pilot project,  
            with the following key differences:

             a)   Permits a special election to be conducted under the  
               pilot project even if the congressional or legislative  
               district is not wholly contained within the county.

             b)   Permits a county to participate in the pilot program  
               only if at least 50% of the voters in the county are  
               permanent VBM voters.

             c)   Requires the county elections official to consider  
               proximity to public transportation when determining polling  
               place locations.

          3)Requires the county elections official deliver to each voter a  
            notice, in addition to the notice required by existing law,  
            translated in all languages required under subdivision Section  
            203 of the federal Voting Rights Act of 1965, that informs  
            voters that an all-mailed ballot election is being conducted.   
            Permits the county elections official to send only one notice  
            to a household if multiple registered voters reside within  
            that household.

          4)Requires the county elections official report the registration  
            rates, participation rates, and rejection rates, including the  
            reasons for rejection, of permanent vote by mail voters and  
            in-person voters for the county.  If the information is  
            readily available, the county elections official shall include  
            any statistics on the turnout of different populations,  
            including, but not limited to, the population categories of  
            race, ethnicity, language preference, age, gender, and  
            disability.  If the data reflects significant disparities in  
            voter accessibility and participation, the county elections  
            official shall include a statement of how he or she plans to  
            address each disparity in the voter education and outreach  
            plan submitted to the Legislature and SOS.

          5)Requires the county elections official to establish a  







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            community election advisory committee that consists of  
            community members representing minority groups covered under  
            the federal Voting Rights Act of 1965 and existing law, and  
            voters with disabilities including, but not limited to,  
            mobility, sensory, physical, and mental disabilities.

          6)Permits the county elections official to establish, in lieu of  
            a community election advisory committee, both a local voting  
            accessibility advisory committee pursuant to the guidelines  
            promulgated by the SOS and a local language accessibility  
            advisory committee.  Requires the local language accessibility  
            advisory committee to consist of community members  
            representing minority groups covered under the federal Voting  
            Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

          7)Requires the advisory committee or committees to hold at least  
            one meeting in the year prior to an all-mailed ballot election  
            conducted pursuant to this bill.

          8)Makes corresponding and technical changes.


          Background

          Existing Mailed Ballot Pilot Projects:  Two years ago, the  
          Legislature approved and the Governor signed AB 1873 (Gonzalez  
          and Mullin, Chapter 598, Statutes of 2014), which allowed  
          special elections in San Diego County to fill vacancies in the  
          Legislature and Congress to be conducted by mailed ballot until  
          2020, subject to certain conditions.  Last year, the Legislature  
          approved and the Governor signed AB 547 (Gonzalez, Chapter 727,  
          Statutes of 2015), which modified some of the conditions in the  
          San Diego pilot project, extended the sunset date by a year, and  
          significantly expanded the types of elections that are allowed  
          to be conducted as mailed ballot elections pursuant to the pilot  
          project.

          In addition to the San Diego pilot project that was authorized  
          by AB 1873, there is another ongoing pilot project authorized by  
          the Legislature and the Governor to examine the use of mailed  
          ballot elections for local elections.  That pilot project was  
          originally authorized by AB 413 (Yamada, Chapter 187, Statutes  
          of 2011), which allows Yolo County to conduct local elections on  
          not more than three dates as mailed ballot elections.  AB 413  







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          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 mailed ballot  
          elections.  Yolo County conducted 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.  Yolo County is permitted  
          to conduct local elections as mailed ballot elections on two  
          additional dates before the conclusion of the pilot project.

          In 2014, legislation was enacted to allow San Mateo County to  
          join Yolo County in participating in that ongoing pilot project  
          (AB 2028 (Mullin, Chapter 209, Statutes of 2014), and last year,  
          the pilot project was further expanded to include Monterey and  
          Sacramento Counties (AB 1504 (Alejo, Chapter 730, Statutes of  
          2015).  San Mateo County conducted an election under that pilot  
          project in November 2015, but it has not yet submitted the  
          required report from that election.

          Comments

           1) According to the author, California consistently faces a  
             combination of low turnout and high cost when special  
             elections are called due to a vacancy in the Legislature or  
             Congress.  In the last 5 years, including 27 special  
             elections for a vacancy (excluding recalls and those  
             consolidated with a statewide election), the average overall  
             turnout was 15.57%. In some instances, turnout was as low as  
             5.55%.  While California struggles with a voter turnout  
             crisis even in general elections, special elections are even  
             more likely to result in vast underrepresentation due to low  
             turnout.

             Aside from low turnout, special elections are extremely  
             costly, and local jurisdictions are not reimbursed by the  
             state, meaning local taxpayers pick up the tab for these  
             expensive elections.  Costs vary from county to county, but  
             special elections can cost anywhere from $500,000 to $1  
             million or more, and due to the unexpected nature of special  
             elections the cost is not usually built into the local  
             budget.

             AB 2686 will allow counties more flexibility in conducting  
             costly special elections by allowing them to conduct them via  







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             all-mailed ballot.



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


          SUPPORT:   (Verified6/22/16)


           California Association of Clerks and Election Officials
           California State Association of Counties
           County of San Bernardino
           County of San Diego
           Rural County Representatives of California
           Sacramento County Board of Supervisors
           San Mateo County Board of Supervisors
           Sonoma County Board of Supervisors
           Urban Counties of California


          OPPOSITION:   (Verified6/22/16)


          None received

          ASSEMBLY FLOOR:  57-20, 5/23/16
          AYES:  Alejo, Atkins, Baker, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Levine, Lopez, Low, Mayes, McCarty, Medina,  
            Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk,  
            Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond,  
            Ting, Weber, Wilk, Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Bigelow, Brough, Chávez, Beth  
            Gaines, Gatto, Grove, Harper, Jones, Kim, Lackey, Linder,  
            Maienschein, Mathis, Melendez, Salas, Steinorth, Wagner,  
            Waldron
          NO VOTE RECORDED:  Arambula, Eggman, Patterson

          Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106







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          7/29/16 12:28:44


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