BILL ANALYSIS Ó
SB 365
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SENATE THIRD READING
SB
365 (Pavley)
As Amended May 4, 2015
Majority vote
SENATE VOTE: 26-12
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |5-1 |Ridley-Thomas, Gatto, |Grove |
| | |Gordon, Mullin, Perea | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |10-4 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Eggman, |Gallagher, Jones |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
| | | | |
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SUMMARY: Authorizes county elections officials to establish
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vote by mail (VBM) ballot drop-off locations, as specified.
Specifically, this bill:
1)Permits a VBM voter to return a VBM ballot to the elections
official from whom it came at a VBM drop-off location, if
provided in accordance with this bill.
2)Defines the following terms for the purposes of this bill:
a) "VBM ballot drop box" to mean 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.
b) "VBM drop-off location" to mean 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.
3)Requires the Secretary of State (SOS), on or before January 1,
2017, to promulgate regulations establishing best practices
for security measures and procedures, including, but not
limited to, chain of custody, pick-up times, proper labeling,
and security of the VBM drop boxes, that a county elections
official may use if the official establishes one or more VBM
ballot drop-off locations.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor one-time General Fund costs (around $55,000)
for the SOS to promulgate the regulations.
COMMENTS: 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% of the total votes cast, to
over 60% 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,
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city government offices, senior centers) allow busy voters to
drop off their ballots much closer to home?
"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% of voters in
Los Angeles County used VBM - nearly 20% 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. In addition, the measure ensures the safety of these
drop-off locations by directing the Secretary of State to
establish suggested best practices for counties that choose to
implement VBM drop-off locations..."
While existing law does not specifically address VBM ballot
drop-off locations, in practice, an unknown number of counties
currently establish VBM drop-off sites. One of those counties,
Sacramento County, designates facilities throughout the county
where voters can drop-off their voted VBM ballot prior to
election day. The county requires that all facilities 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.
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Statistics show that voters are choosing to cast a VBM ballot
more and more each election. For instance, in the November 2004
general election approximately 32% of voters cast a VBM ballot.
In the November 2014 general election over 60% of voters cast
VBM ballots. However, studies have shown that not all VBM
ballots are being returned via the mail - many voters are
instead choosing to drop off their VBM ballot at a drop box on
or close to election day. For example, one study found that in
the November 2014 general election, over 26% of those that voted
using a VBM ballot returned their ballot at a polling place
instead mailing or dropping it off at the counter in an
elections official's office.
This bill, which permits county elections officials to set up
VBM ballot drop off locations, as specified, will help ensure
there are more secure and convenient locations in which a voter
may drop off their voted VBM ballot.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Nichole Becker / E. & R. / (916) 319-2094 FN:
0001160
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