BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                            Senator Benjamin Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 163         Hearing Date:    4/21/15    
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          |Author:    |Hertzberg                                            |
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          |Version:   |2/4/15                                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Darren Chesin                                        |
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                      Subject:  Elections:  vote by mail ballot

           DIGEST
           
          This bill requires county elections officials to issue a vote by  
          mail (VBM) ballot to every registered voter in the county for  
          statewide primary, special, and general elections. 
                                              
                                       ANALYSIS
           
          Existing law:

          1.Requires that a VBM ballot be furnished to any registered  
            voter upon written application to the appropriate elections  
            official prior to the election, as specified.

          2.Permits any registered voter to become a permanent VBM voter.

          3.Provides that any VBM voter who is unable to surrender his or  
            her VBM ballot shall be issued a provisional ballot at his or  
            her polling place or from the elections official.

          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  
               voters are eligible to participate;








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             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.

          1.Authorizes a school district or city with a population of  
            100,000 or less to conduct an all-mail ballot election to fill  
            a vacancy in a special election.

          2.Authorizes a district to conduct any election as an all-mailed  
            ballot election on any date other than an established election  
            date.

          3.Provides that whenever there are 250 or fewer people  
            registered to vote in any precinct, the elections official may  
            deem the precinct as an all-mail ballot precinct, and provides  
            that no precinct may be divided solely in order to create an  
            all-mail precinct.

          4.Permits Yolo County and San Mateo County, as part of a pilot  
            program lasting through January 1, 2018, to conduct elections  
            on up to three dates as all-mailed ballot elections, subject  
            to specified conditions, including voter education, and  
            reporting requirements.

          5.Permits San Diego County to conduct special elections to fill  
            legislative and congressional vacancies by mailed ballot as a  
            pilot project through 2020 subject to specified conditions,  
            including voter education, and reporting requirements.

          6.Requires elections officials to provide a sufficient number of  
            ballots to each precinct polling place to reasonably meet the  
            needs of the voters in that precinct on Election Day, but in  
            no case shall that number be less than 75% of the number of  
            registered voters in the precinct.








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          This bill:

          1.Requires, notwithstanding any other law, a county elections  
            official to issue a VBM ballot to every registered voter in  
            the county for statewide primary, special, and general  
            elections.  

          2.Provides that this distribution of VBM ballots to all  
            registered voters shall not prevent registered voters from  
            exercising their right to vote at their designated precinct  
            polling locations.

          3.Makes the following findings and declarations:

             A.   In maintaining a healthy democracy in California, it is  
               important to encourage and ensure that the residents of the  
               state have the tools needed to participate in every  
               election.

             B.   On average, in California counties 46.2% of voters  
               receive their ballots by mail.

             C.   Recent studies show that registered voters who  
               automatically receive their ballots by mail are more likely  
               to vote.

             D.   Broadening the ability of California residents to engage  
               in the democratic process will yield more representative  
               election results and will ensure that the voices of more  
               California residents are heard.




           BACKGROUND
           
           Statewide Voter Turnout  .  According to the Secretary of State,  
          only 25.17% of all registered California voters cast a ballot in  
          the June 3, 2014 Primary Election and only 42.20% for the  
          November 4, 2014 General Election. Participation was especially  
          poor in Los Angeles County where turnout of registered voters  
          was a mere 16.97% in the Primary Election and just 31.01% for  
          the General Election. Since over 27% of all registered voters in  








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          California reside in Los Angeles County, low turnout there has  
          an enormous statistical impact on overall statewide turnout. 

          Since 1960, turnout of registered voters in California  
          non-presidential General Elections has steadily decreased from a  
          high of 79.2% in 1966 to a previous low of 50.57% in 2002.  
          Turnout for non-presidential Primary Elections since 1960 has  
          also steadily decreased from a high of 68.88% in 1978 (when  
          Proposition 13 appeared on the ballot) to a previous low of  
          33.31% in 2010. 

          On average, voter turnout was poor across the entire country in  
          2014. According to a study by the organization Nonprofit VOTE,  
          last year fewer than 37% of all eligible voters nationwide  
          turned out to vote, the lowest level of voter turnout seen in a  
          non-presidential election year since World War II. However, the  
          study also points out that California ranked 43rd in turnout of  
          eligible voters among the 50 states and District of Columbia at  
          a mere 30.8%. Please note that these national figures represent  
          eligible voters (all persons who are qualified to vote, whether  
          registered or not) as opposed to actual registered voters, as  
          referenced in the paragraphs above.

          Theories abound as to why voter participation in California was  
          so low for both 2014 elections. One of the more popular theories  
          among the press and other observers is that California's  
          statewide ballot lacked the kind of high profile, competitive  
          contest that would motivate voters to participate in greater  
          numbers. After all, for the November 6, 2012 General Election (a  
          presidential election featuring incumbent President Barack Obama  
          and challenger Mitt Romney), turnout among registered California  
          voters was 72.36%. In fact, with the exception of the November  
          5, 1996 Election (65.53%), every presidential election in  
          California since 1912 has seen turnout among registered voters  
          over 70%. Even the "off-year" November 2, 2010 General Election  
          which benefited from a more competitive race for Governor  
          between Jerry Brown and Meg Whitman saw turnout of registered  
          voters over 59% -- more than 18% higher than 2014. 
          In fact, Nonprofit VOTE's study found that voter turnout  
          averaged 11 points higher in the 22 states with competitive  
          statewide races for U.S. Senate or Governor compared to states  
          without a competitive statewide race. Nine of the top ten  
          turnout states had competitive statewide races. 









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          Nonprofit VOTE's study also found that states with Election Day  
          Registration (EDR) far outpaced states that don't allow voters  
          to register or fix a registration problem on Election Day.   
          Voter turnout in the EDR States averaged 48%, 12 points above  
          voter turnout in non-EDR states.  Four states used EDR for the  
          first time in a midterm in 2014, bringing the total number of  
          states using EDR to 13.  California is scheduled to implement  
          EDR in 2017.

          Other factors such as poverty and language diversity may also  
          contribute to California's low turnout. Poverty and limited  
          English proficiency are common within communities that suffer  
          from poor voter participation.

           VBM Popularity  .  California voters who use VBM ballots make up  
          an increasingly larger portion of the overall turnout.  For  
          instance, 60.52% of all voters statewide in the November 4, 2014  
          General Election and 69.4% of all voters in the June 3, 2014  
          Primary Election used a VBM ballot - almost half of whom are  
          permanent VBM voters.

           Mail Balloting in Other States  .  Oregon has been conducting  
          all-mail ballot elections for non-partisan and ballot measure  
          elections for 20 years.  In 1998 Oregon expanded all-mail  
          balloting to primary and general elections.  The states of  
          Washington and Colorado have also recently adopted statewide  
          all-mail ballot elections.  Unlike Oregon and Washington  
          however, Colorado employs a hybrid system where every voter is  
          mailed a ballot but numerous voting service centers are also  
          open 10-14 days prior to each election where voters can register  
          to vote, return their VBM ballots, and cast provisional ballots.  
           It does not appear that any other state mails every registered  
          voter a ballot but still maintains the traditional polling place  
          system that this bill proposes.

          According to Nonprofit VOTE's study, Colorado ranked 3rd, Oregon  
          5th, and Washington 18th nationwide in voter turnout for the  
          2014 General Election.

                                          COMMENTS  
          
           1.According to the author  :  SB 163 will give Californians and  
            their families greater freedom to vote. Voters who want to  
            vote at the polling place will still be able to, and all  








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            registered voters who find it more convenient to vote by mail  
            can do so. 

          Having ballots in the hands of every voter will empower  
            communities to have conversations about candidates and ballot  
            measures and will strengthen individual voters' connection  
            with their elected government. Individuals and families will  
            be able to continue the tradition of instilling the values of  
            civic engagement not just at the polling place, but also in  
            the days and weeks leading up to election day with their  
            ballots at home.

          In maintaining a healthy democracy in California, it is  
            important that the residents of the state have the tools they  
            need to participate in every election. Broadening the ability  
            of Californians to engage in the democratic process will yield  
            more representative election results and ensure that the  
            voices of more California residents are heard.

          In November 2014, Californians turned out to vote in  
            astonishingly low numbers. Just 31 percent of registered  
            voters in Los Angeles County voted compared to a statewide  
            average of just 42 percent. Overall, roughly seven and a half  
            million Californians voted in an election that will affect all  
            38 million residents. Of all eligible voters statewide, just  
            30.94 percent participated in the November election. In  
            Contrast, Sierra County, one of two entirely vote-by-mail  
            counties in California, saw a 73 percent turnout rate of  
            registered voters - a full 31 points higher than the state  
            average.

           2.No Voter Education  .  There may be adequate time to educate  
            voters regarding the changes proposed by this bill prior to  
            the next statewide election in June, 2016 however, this bill  
            contains no provisions to actually require that the state or  
            counties conduct any such voter education efforts.  AB 1873  
            (Gonzalez), Chapter 598, Statutes of 2014 which enacted the  
            aforementioned San Diego County pilot project for all-mail  
            special elections contained specific voter education and  
            outreach requirements including programs specifically intended  
            for voters with limited English proficiency.

           3.Voter Confusion  .  This bill requires that every voter be  
            issued a VBM ballot for statewide primary, special, and  








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            general elections but does not affect local elections which  
            may not be consolidated with those state elections.  This may  
            cause significant confusion since voters will automatically  
            receive a VBM ballot for some elections but not others.

           4.Fewer Poll Voters, Same Rules  .  Current law requires that  
            precincts generally contain no more than 1,000 registered  
            voters and polling places must have enough ballots to  
            accommodate at least 75% of its voters.  This bill requires  
            that every voter be issued a VBM ballot for specified  
            elections but does not make any corresponding changes to the  
            number of polling places required or the number of ballots  
            required to be furnished at those polling places for those  
            elections.  It is probably safe to assume that for the  
            elections affected by this bill there will be significantly  
            fewer voters visiting the polls but elections officials will  
            not be permitted to make any changes in anticipation of this  
            reduction.

           5.More Provisional Ballots  .  Since voters will automatically  
            receive a VBM ballot they did not request, it is also probably  
            safe to assume that many of them will visit their polling  
            places and fail to bring their VBM ballot with them.  Under  
            current law, these voters will be required to cast a  
            provisional ballot.  This may be another source of confusion  
            for voters and would increase the number of provisional  
            ballots and provisional ballot envelopes needed.  Provisional  
            ballots are costlier and require more time to process than  
            regular ballots.

           6.Conforming Changes  .  This bill makes no conforming changes to  
            other affected sections of the Elections Code, including, but  
            not limited to, VBM and permanent VBM application procedures  
            and applicable VBM deadlines.

                               RELATED/PRIOR LEGISLATION
           
          AB 413 (Yamada), Chapter 187, Statutes of 2011, created a pilot  
          program allowing Yolo County to conduct local elections on not  
          more than three dates as all-mailed ballot elections.  

          AB 1873 (Gonzalez), Chapter 598, Statutes of 2014 created a  
          pilot program permitting San Diego County to conduct special  
          elections to fill legislative and congressional vacancies by  








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          mailed ballot through 2020 subject to specified conditions,  
          including voter education, and reporting requirements.


          AB 2028 (Mullin), Chapter 209, Statutes of 2014 added San Mateo  
          County to the Yolo County pilot program.

          AB 547 (Gonzalez), which is pending in the Assembly Elections  
          and Redistricting Committee, would expand the San Diego pilot  
          program to include other specified local elections.

           POSITIONS
           
          Sponsor: Author

           Support: California Professional Firefighters
                    California Council of Service Employees International  
                   Union (SEIU)
                    National Association for the Advancement of Colored  
                   People (NAACP)
                   Sierra Club California
                   Stonewall Democratic Club

           Oppose:  None received   

                                          
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