BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 365 (Pavley) - Vote by mail ballot drop boxes ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 4, 2015 |Policy Vote: E. & C.A. 3 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Maureen Ortiz | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 365 authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, and requires the Secretary of State (SOS) to promulgate regulations establishing guidelines for security measures and procedures no later than January 1, 2017. Fiscal Impact: Approximately $55,000 in administrative expenses (General Fund) The Secretary of State indicates costs of approximately $55,000 SB 365 (Pavley) Page 1 of ? to promulgate regulations. Background: Existing law 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 return the ballot by mail or in person at the county elections office, or return it to a member of a precinct board at a polling place within the jurisdiction. Any voter who is unable to return the voted VBM by mail, or drop it off at the elections office or polling place may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the ballot on his or her behalf. Elections officials must 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. Proposed Law: SB 365 does the following: 1) Authorizes a VBM voter to return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location. 2) Defines "vote by mail ballot drop box" as a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained. 3) Defines "vote by mail ballot drop-off location" as a location consisting of a secured vote by mail ballot drop box at which a voted VBM ballot may be returned. 4) Requires the Secretary of State to promulgate regulations on or before January 1, 2017. The regulations must establish guidelines based on best practices for security measures and SB 365 (Pavley) Page 2 of ? procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes that the county may use if establishing the VBM drop-off locations. Related Legislation: This bill is similar to SB 240 (Yee) of 2013 which would have required the establishment of VBM ballot drop-off boxes at colleges and universities. That bill failed passage in the Assembly. Staff Comments: Staff notes that a number of counties already provide ballot drop-off boxes at locations such as libraries, city halls, county offices, non-profit and community organizations, and others. SB 365 will statutorily authorize the use of ballot drop-off locations as one of three methods that a vote-by-mail voter may use to return his or her ballot. Additionally, the bill defines "vote by mail 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. -- END --