BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Ben Allen, Chair 2015 - 2016 Regular Bill No: SB 365 Hearing Date: 4/7/15 ----------------------------------------------------------------- |Author: |Pavley | |-----------+-----------------------------------------------------| |Version: |2/24/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- Subject: Vote by mail ballot drop boxes DIGEST This bill permits a vote by mail (VBM) voter to return his or her voted VBM ballot to the elections official from whom it came at a VBM ballot drop-off location, as defined. This bill requires the Secretary of State (SOS) to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and VBM ballot drop boxes. ANALYSIS Existing law: 1. Provides that all VBM ballots shall be voted on or before the day of the election. After marking the ballot, the VBM voter must either (1) return the ballot by mail or in person to the elections official from whom it came or (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction. 2. Permits a VBM voter who is unable to return the ballot to designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the VBM voter to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. SB 365 (Pavley) Page 2 of ? 3. Provides that a ballot shall not be counted if it is not delivered in compliance with the aforementioned sections. 4. Requires elections officials to establish procedures to ensure the secrecy of a VBM ballot returned to a precinct polling place and the security, confidentiality, and integrity of any related personal information collected, stored, or otherwise used. This bill: 1. Allows a VBM voter to return their ballot to the elections official from whom it came at a VBM ballot drop-off location, if provided. 2. Defines a VBM ballot drop box as a secure receptacle established by a county or city and county elections official whereby a voted VBM ballot may be returned to the elections official from whom it was obtained. 3. Defines a VBM ballot drop-off location as a location consisting of a secured VBM ballot drop box at which a voted VBM ballot may be returned to the elections official from whom it was obtained. 4. Require SOS to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more VBM ballot drop-off locations. BACKGROUND Existing VBM Ballot Drop-Off Sites . An unknown number of counties currently establish VBM drop-off sites although existing law does not specifically address them. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their ballots prior to Election Day. The county requires that all facilities must be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on Election Day. A list of the VBM drop-off sites is included in Sacramento SB 365 (Pavley) Page 3 of ? County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site. As the state's voter rolls increase, many voters are also taking advantage of its VBM system, where a ballot is mailed to a voter. In the 2014 Primary Election, over 69% of voters and in the 2014 General Election, over 60.5% of voters took advantage of the VBM system and either mailed or dropped off their completed ballots. COMMENTS 1. According to the Author : California law has actively evolved to facilitate vote by mail. Since 1990, vote-by-mail use has grown from approximately 18 percent of the total votes cast, to over 60 percent of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home. SB 365 continues California's policy of decreasing barriers to vote-by-mail adoption. The measure will make voting more convenient for the public, help increase voter turn-out, and ensure drop-off locations are secure. Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service. For example, in the November 2014 election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location. This may have contributed to the fact that only 38 percent of voters in Los Angeles County used VBM-nearly 20 percent lower than any other county in the state. SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official. SB 365 (Pavley) Page 4 of ? RELATED/PRIOR LEGISLATION SB 240 (Yee) of 2013 (as last amended), was substantively similar to this bill but died in the Assembly. POSITIONS Sponsor: Author Support: California State Council of the Service Employees International Union Oppose: None received -- END --