BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 365|
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THIRD READING
Bill No: SB 365
Author: Pavley (D)
Amended: 5/4/15
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 3-1, 4/7/15
AYES: Allen, Hancock, Hertzberg
NOES: Anderson
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Vote by mail ballot drop boxes
SOURCE: Author
DIGEST: This bill 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 on best practices for security measures
and procedures no later than January 1, 2017.
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
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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.
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) 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
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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 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.
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
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 percent of voters
and in the 2014 General Election, over 60.5 percent of voters
took advantage of the VBM system and either mailed or dropped
off their completed ballots.
Comments
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1)According to the author, California law has actively evolved
to facilitate VBM. Since 1990, VBM 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
VBM 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.
Related/Prior Legislation
SB 240 (Yee of 2013 as last amended), was substantively similar
to this bill but died in the Assembly.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
Approximately $55,000 in administrative expenses (General
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Fund)
The Secretary of State indicates costs of approximately $55,000
to promulgate regulations.
SUPPORT: (Verified5/27/15)
California Public Interest Research Group
California State Council of the Service Employees International
Union
California Voter Foundation
League of Women Voters of California
Secretary of State
OPPOSITION: (Verified5/27/15)
None received
Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106
5/30/15 19:11:39
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