BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 163 (Hertzberg) - Elections:  Vote by mail ballots
          
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          |Version: February 4, 2015       |Policy Vote: E. & C.A. 4 - 1    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Maureen Ortiz       |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:   SB 163 requires county election officials to issue a  
          vote by mail (VBM) ballot to every registered voter in the  
          county for statewide primary, special and general elections. 


          Fiscal  
          Impact:  

           Unknown, potentially $11 million - $ 34 million per statewide  
            election for mailing VBM ballots (General Fund)

           Unknown, several million dollars per statewide election for  
            processing provisional ballots (General Fund)

          The number of registered voters in California as of September  
          2014 was over 17.6 million.  Of that number, about 60% of the  
          voters registered to vote by mail.  The counties estimate costs  







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          ranging from $1.61 to $4.94 for each VBM ballot for mailing  
          expenses.  Therefore, a requirement to mail a ballot to voters  
          who were not registered as a VBM voter (approximately 7 million  
          voters), would result in costs ranging between $11 million and  
          $34 million for each statewide election.  These costs constitute  
          a reimbursable mandate and will be paid from the General Fund.

          Additionally, there will be an increase in the costs associated  
          with processing provisional ballots when recipients of the VBM  
          ballot choose instead to vote at the polling place and do not  
          take their VBM ballot.  Those costs are estimated at $3.60 for  
          each provisional ballot.


          Background:  Existing law authorizes any registered voter in California to  
          vote by mail, and to become a permanent VBM voter.  Any VBM  
          voter may also vote at a polling place and is issued a  
          provisional ballot to do so.  Existing law also permits an  
          election to be conducted wholly by mail if the governing body  
          authorizes the use of mailed ballots for the election providing  
          that certain conditions are met such as:
             a)   The election has no more than 1,000 registered voters  
               who are eligible to participate;


             b)   The election is 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)   The election is on the issuance of a general obligation  
               water bond;


             d)   The election is in one of four specifically enumerated  
               water districts; or,


             e)   It is for an election or assessment ballot proceeding  
               required or authorized by the state constitution under  
               Proposition 218.










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          Additionally, current law authorizes a number of other elections  
          to be held wholly by mail such as a school district or city with  
          a population of 100,000 or less for a special election to fill a  
          vacancy, or instances where there are 250 or fewer people  
          registered in a precinct.  Additionally, a pilot program permits  
          the counties of Yolo and San Mateo, through January 1, 2018, to  
          conduct up to three all-mail elections subject to specified  
          conditions including voter education and reporting.  San Diego  
          County is authorized through 2020 to conduct all mail elections  
          for special elections to fill legislative and congressional  
          vacancies.




          Proposed Law:  
             SB 163 will require a county elections official to issue a  
          VBM ballot to every registered voter in the county for statewide  
          primary, special, and general elections.  The bill provides that  
          the distribution of VBM ballots to all registered voters does  
          not prevent a registered voter from exercising their right to  
          vote at their designated precinct polling location.
          SB 163 contains Legislative Findings and Declarations that  
          encouraging residents to participate in every election assists  
          in maintaining a healthy democracy in California, and will yield  
          more representative election results.




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

          Since 1960, the 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.  








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          Additionally, the 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. 

          The number of California voters who use VBM ballots increases  
          every year.  At the June 3, 2014 primary election 69.4% of all  
          voters used a VBM ballot, and 60.52% of voters used a VBM ballot  
          in the November 4, 2014 statewide general election.

          Staff notes that while SB 163 requires every voter to receive a  
          VBM ballot, it does not allow for the adjustment of the existing  
          polling place requirements.  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.  Therefore, counties will not realize any  
          reduction in precinct costs even if every voter receives a VBM  
          ballot. 

          While smaller counties may be able to eliminate certain expenses  
          by allowing the consolidated mailings of the sample ballot and  
          the VBM ballot, most counties have expressed concerns over the  
          logistics of doing this such as limited ballot printers and  
          mailers, the size of the VBM ballots and sample ballots, as well  
          as procedural and deadline differences between the VBM and  
          sample ballots.  

          For instance, in a large election it may not be possible to use  
          existing mailing equipment since a county could have 400 ballot  
          styles containing a large number of candidates and measures  
          which would prohibit the addition of another insert. Mailing the  
          VBM and sample ballots together may require a redesign of the  
          envelope and packet so that the designated polling place is  
          visible, and could result in a delay in the mailings. 


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