BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2686| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2686 Page 2 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 AB 2686 Page 3 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: AB 2686 Page 4 (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. AB 2686 Page 5 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 AB 2686 Page 6 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, AB 2686 Page 7 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 AB 2686 Page 8 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 AB 2686 Page 9 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 AB 2686 Page 10 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 AB 2686 Page 11 7/29/16 12:28:44 **** END ****