BILL ANALYSIS Ó
SB 450
Page 1
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
SB
450 (Allen) - As Amended July 7, 2015
SENATE VOTE: (vote not relevant)
SUBJECT: Elections: all-mailed ballot elections.
SUMMARY: Permits counties, beginning in 2018, to conduct
elections in which every voter is mailed a ballot and vote
centers and ballot dropoff locations are available prior to and
on election day, in lieu of operating polling places for the
election, subject to certain conditions. Specifically, this
bill:
1)Permits a county, on or after January 1, 2018, to choose to
conduct elections where all voters are mailed a ballot and
where vote centers and ballot dropoff locations are available
prior to and on election day, in lieu of operating polling
places for the election, subject to the following conditions:
a) Requires the elections official, no later than 29 days
before the election, to mail a vote by mail (VBM) ballot
packet, including a return envelope with instructions for
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the use and return of the ballot, to every registered voter
who is eligible to vote in the election.
b) Requires the elections official to deliver all of the
following to each voter, with either the sample ballot or
with the VBM ballot packet:
i) A notice, translated in all languages required for
the jurisdiction under state and federal law, that
informs voters of all of the following:
(1) An all-mailed ballot election is being
conducted and each eligible voter will be issued a
ballot by mail;
(2) The voter may cast a ballot in person at a
vote center during specified days and times; and,
(3) The voter may request the elections official,
no later than seven days before the date of the
election, to send a ballot in a language other than
English if such ballots are available pursuant to
federal law, or a facsimile copy of the ballot printed
in a language other than English if such copies are
required pursuant to a specified provision of state
law.
ii) A list of the ballot dropoff locations and vote
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centers established pursuant to this bill, including the
dates and hours they are open. Additionally requires this
list to be posted in an accessible format on the Internet
Web site of the county elections official.
iii) A postage-paid postcard that the voter may return to
the county elections official for the purpose of
requesting a ballot in a language other than English.
c) Provides that a "ballot dropoff location" consists of a
secure, accessible, locked ballot box able to receive voted
ballots. Requires the elections official to provide ballot
dropoff locations that comply with the following:
i) All dropoff locations are open at least during
regular business hours beginning not less than 28 days
before the election, and on the date of the election;
ii) For regularly scheduled elections:
(1) There is at least one dropoff location
provided for every 15,000 registered voters, with not
fewer than two dropoff locations; and,
(2) At least one dropoff location includes an
accessible, secured, exterior drop box that is
available for a minimum of 12 hours a day including
regular business hours.
iii) For special elections, at least one dropoff location
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is provided for every 15,000 registered voters, with at
least one dropoff location located within the
jurisdiction where the special election is held.
d) Provides that a "vote center" is a location where a
voter can do any of the following:
i) Return, or vote and return, his or her VBM ballot;
ii) Register to vote, or update the voter's
registration, and vote, as specified;
iii) Receive and vote a provisional ballot, as specified;
iv) Receive a replacement ballot upon verification that
a ballot for the same election has not been received from
the voter by the elections official; and,
v) Vote a regular, provisional, or replacement ballot
using accessible voting equipment that provides for a
private and independent voting experience.
e) Requires vote centers to comply with the following
requirements:
i) To be at accessible locations as near as possible to
established public transportation routes.
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ii) To have an electronic mechanism, which is not
connected to the voting system, with which the elections
official can immediately access the following voter
registration data:
(1) Name;
(2) Address;
(3) Date of birth;
(4) Language preference;
(5) Party preference;
(6) Precinct; and,
(7) Whether or not the voter has been issued a VBM
ballot and whether or not a ballot has been received
by the elections official.
iii) To comply with the following language accessibility
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requirements:
(1) Assistance is provided in all languages
required in the jurisdiction pursuant to state and
federal law, in a manner that enables voters of
applicable language minority groups to participate
effectively in the electoral process.
(2) Information is posted regarding the
availability of language assistance in English and any
other languages required in the jurisdiction under
state and federal law.
(3) If a vote center is located in or adjacent to
a precinct, census tract, or other defined
geographical subsection identified in establishing
language requirements under state or federal law, or
identified as needing language assistance through the
public input process established by this bill, the
vote center is staffed by election board members who
speak the required language. If the elections
official is unable to recruit election board members
who speak the required language, alternative methods
of effective language assistance are provided.
(4) Translated election materials are provided in
all languages required in that jurisdiction under
state or federal law.
iv) To comply with the following disability
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accessibility requirements:
(1) Reasonable modifications and auxiliary aids
and services are provided as required by the federal
Americans with Disabilities Act (ADA).
(2) Comply with the accessibility requirements for
polling places that are contained in the Elections
Code, and with the accessibility requirements of the
federal ADA, the federal Help America Vote Act (HAVA),
and the federal Voting Rights Act (VRA).
(3) Are equipped with voting units or systems that
are accessible to individuals with disabilities and
that provide the same opportunity for access and
participation as is provided to voters who are not
disabled, including the ability to vote privately and
independently, as specified.
f) Requires the number of vote centers, and the dates and
times that those vote centers are available, to comply with
the following:
i) Vote centers are open on the following days and
hours:
(1) For the 10 days prior to election day, not
less than eight hours each day; and,
(2) On election day, from 7 a.m. to 8 p.m.
ii) At least the following number of vote centers are
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established by the elections official:
(1) At a regularly scheduled election:
(a) For the 10 days prior to election day, one
vote center for every 30,000 registered voters, but
not fewer than two vote centers; and,
(b) On election day, one vote center for every
15,000 registered voters, but not fewer than two
vote centers.
(2) At a special election:
(a) For the 10 days prior to election day, one
vote center for every 60,000 registered voters
provided, however, that in jurisdictions with fewer
than 30,000 registered voters, the elections
official is only required to make a reasonable
effort to establish a vote center; and,
(b) On election day, one vote center for every
30,000 registered voters provided, however, that in
jurisdictions with fewer than 30,000 registered
voters, the elections official is only required to
make a reasonable effort to establish a vote center.
iii) Requires vote centers at a regular election to be
located in the jurisdiction where the election is being
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held. Requires the elections official, at a special
election, to make a reasonable effort to locate at least
one vote center in the jurisdiction where the election is
being held.
g) Provides that the requirements for eligibility and
composition of precinct boards at polling places generally
apply for election boards at vote centers, except as
otherwise specified.
h) Requires that a method be available to request and
deliver a blank VBM ballot and, if a replacement ballot is
necessary, a blank replacement ballot, that voters with
disabilities can mark privately and independently.
i) Requires the elections official, upon request, to
provide written voting materials in an accessible format to
voters with disabilities.
j) Requires the elections official to develop a plan for
the administration of elections pursuant to this bill.
i) Requires a draft plan for the administration of vote
centers to be developed in consultation with the public,
which shall include, but not be limited to, the
following:
(1) One meeting, publically noticed 10 days prior
to the meeting, that includes representatives,
advocates, and other stakeholders representing each
community for which the county is required to provide
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voting materials and assistance in a language other
than English under state and federal law; and,
(2) One meeting, publically noticed 10 days prior
to the meeting, that includes representatives from the
disability community and community organizations and
individuals that advocate on behalf of, or provide
services to, individuals with disabilities.
ii) Requires the elections official, when developing the
administration plan, to consider the following:
(1) The proximity of vote centers and dropoff
locations to all of the following:
(a) Public transportation;
(b) Communities with historically low VBM
usage;
(c) Population centers;
(d) Language minority communities; and,
(e) Voters with disabilities.
(2) Access to accessible and free parking at vote
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centers and dropoff locations.
(3) Distance and time a voter must travel by car
or public transportation to a vote center and dropoff
location.
(4) Availability of alternate methods for voters
with disabilities for whom VBM ballots are not
accessible to cast a ballot.
(5) Traffic patterns near vote centers and dropoff
locations.
(6) Availability of mobile voter centers.
iii) Requires the county elections official to provide
public notice of the draft plan and to accept public
comments on the draft plan for a period of 14 days.
Requires the elections official, following the public
comment period, to hold a public meeting, noticed 10 days
in advance, as specified, to consider the draft plan and
public comments.
iv) Permits the elections official to amend the draft
plan after the consideration of the public comments.
Requires the elections official to publicly notice the
amended draft plan and accept public comments for a
period of 14 days. Permits the elections official to
adopt a final plan following this 14 day public comment
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period.
v) Requires auxiliary aids and services to be provided
upon request at any public meeting held for the
development of the administration plan in order to ensure
effective communication with people with disabilities.
vi) Requires the elections official to hold additional
public meetings to consider revising the plan, subject to
the requirements outlined above, not more than two years
after the adoption of the first plan, and every four
years thereafter.
vii) Permits an elections official to amend a plan for
the administration of elections under this bill as
follows:
(1) In the last 120 days before an election held
pursuant to this bill, the plan may be amended with
reasonable public notification; and,
(2) If it is more than 120 days before an election
held pursuant to this bill, the plan may be amended
with reasonable public notification after a 30 day
period during which public comments are accepted on
the amended plan.
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viii) Requires the administration plan developed pursuant
to this process to include all of the following:
(1) A description of how the elections official
will use the media, including social media,
newspapers, radio, and television, that serve language
minority communities for purposes of informing voters
of the upcoming election and promoting the toll-free
voter assistance hotline.
(2) A description of how the elections official
will have a community presence to educate voters
regarding the provisions of this bill.
(3) A description of accessible information that
will be publicly available on the elections official's
website.
(4) A description of how the elections official
will educate and communicate the provisions of this
bill to the public, including but not limited to:
(a) Communities for which the county is
required to provide voting materials and assistance
in a language other than English under state and
federal law; and,
(b) The disability community including
organizations and individuals that advocate on
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behalf of, or provide services to, individuals with
disabilities.
(5) A description of how a voter with disabilities
may request and receive a blank VBM ballot and, if a
replacement ballot is necessary, a blank replacement
ballot that voters with disabilities can mark
privately and independently.
(6) A description of how the elections official
will address significant disparities in voter
accessibility and participation identified in reports
required by this bill.
(7) Information on the following, to the extent
available at the time of publication:
(a) The numbers and locations of vote centers
and dropoff locations to be established, and an
indication of whether dropoff locations are inside
or outside;
(b) A map with the location of each vote
center and dropoff location;
(c) Hours of operation for each vote center
and each dropoff location;
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(d) Security and contingency plans to be
implemented by the county to do both of the
following:
(i) Prevent a disruption of the vote
center process; and,
(ii) Ensure that the election is properly
conducted if a disruption occurs.
(e) The number of election board staff
including bilingual board members and languages
spoken;
(f) The type and number of accessible voting
machines and other related services at each vote
center; and,
(g) The design, layout, and placement of
equipment inside each vote center that protects each
voter's right to cast a private ballot.
aa) Requires a toll-free voter assistance hotline to be
maintained by the county elections official that is
operational no later than 29 days before the date of the
election until 5 p.m. on the day after the election.
Requires the hotline to provide assistance to voters in all
languages in which the county is required to provide voting
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materials and assistance under state and federal law.
bb) Requires the county elections official to solicit public
input about which vote centers should be staffed by
election board members who are fluent in a language in
addition to English.
cc) Requires the county elections official to provide notice
in the sample ballot, in VBM materials, and on the
elections official's Internet Web site of the specific
language services available at each vote center.
dd) Requires the elections official to provide at least one
public service announcement in the media, including
newspapers, radio, and television, that serve
English-speaking citizens for purposes of informing voters
of the upcoming election and promoting the toll-free voter
assistance hotline.
ee) Requires the elections official to provide at least one
public service announcement in the media, including
newspapers, radio, and television, that serve
non-English-speaking citizens for each language in which
the county is required to provide voting materials and
assistance under state and federal law for purposes of
informing voters of the upcoming election and promoting the
toll-free voter assistance hotline.
ff) Requires the elections administration plan to be posted
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in a format that is accessible to persons with disabilities
on the websites of the Secretary of State (SOS) and of the
county elections official.
gg) Requires election day procedures to be conducted as
provided in existing law, except where otherwise specified.
hh) Permits the county elections official to provide
additional ballot dropoff locations and vote centers beyond
the number required by this bill.
ii) Provides that the return of voted VBM ballots is subject
to provisions of existing law that apply to VBM ballots.
jj) Requires election results from an election that is
conducted pursuant to this bill to be reported by precinct.
2)Establishes reporting requirements for an election that is
conducted pursuant to this bill.
a) Requires the following reports to be submitted to the
Legislature and posted in an accessible format to the
website of the SOS or the county elections official,
respectively, within six months after the date of the
election or before the date of a subsequent election
conducted pursuant to this bill, whichever is sooner:
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i) A report by the SOS to the Legislature regarding the
success of the first election conducted pursuant to this
bill, including, to the extent possible, the turnout of
different populations, including the population
categories of race, ethnicity, language preference, age,
gender, disability, permanent VBM status, and political
party preference; and,
ii) A report by each county that conducts an election
pursuant to this bill to the Legislature and the SOS with
the following information regarding the election:
(1) Information on the cost to conduct the
election;
(2) The number of ballots that were not counted
and the reasons they were rejected;
(3) Voter fraud;
(4) Any other problems that became known to the
county during the election or canvass; and,
(5) The number of votes cast at each vote center.
b) Requires, whenever possible, that the reports prepared
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under this bill compare the election to similar elections
not conducted pursuant to this bill in the same
jurisdiction or comparable jurisdictions.
3)Requires the SOS to enforce the provisions of this bill.
4)Requires the SOS to establish a task force to review elections
conducted pursuant to this bill, and to provide comments and
recommendations to the Legislature no later than April 1,
2021. Requires the task force to include, but not be limited
to, the following:
a) County elections officials;
b) Individuals with demonstrated language accessibility
experience for languages covered under federal law;
c) Representatives from the disability community and
community organizations and individuals that advocate on
behalf of, or provide services to, individuals with
disabilities; and,
d) Other experts with demonstrated experience in the field
of elections.
EXISTING LAW:
1)Allows any voter to receive a VBM ballot for an election.
Allows a voter who wishes to receive a VBM ballot for every
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election in which that voter is eligible to vote to become a
permanent VBM voter.
2)Permits any voter to cast a VBM ballot in person at the office
of the elections official beginning on the 29th day prior to
an election, until the close of polls on election day.
Provides, for the purposes of this provision, that the office
of the elections official may include satellite locations.
3)Permits, but does not require, elections officials to allow
voters to cast VBM ballots prior to an election at their
offices or satellite locations on weekends or at times beyond
regular office hours.
4)Entitles a voter to cast a provisional ballot if that voter
claims to be properly registered, but the voter's
qualification or entitlement to vote cannot be immediately
established.
5)Requires the elections official during the official canvass to
examine the records with respect to a provisional ballot cast,
and provides that if the county elections official can verify
the eligibility of the provisional voter, that the provisional
ballot shall be counted.
6)Permits a voter who is otherwise qualified to register to vote
to complete a conditional voter registration, as defined, and
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to cast a provisional ballot during the 14 days immediately
preceding an election or on election day at the office of the
elections official. Permits the county elections official to
offer conditional voter registration at satellite offices of
the county elections official on election day. Provides that
these provisions do not become operative until January 1 of
the year following the year in which the SOS certifies that
the state has a statewide voter registration database that
complies with the requirements of HAVA.
7)Permits an election to be conducted wholly by mail if the
governing body authorizes the use of mailed ballots for the
election, the election occurs on an established mailed ballot
election date, and the election is one of the following:
a) An election in which no more than 1,000 registered
voters are eligible to participate;
b) An election 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) An election on the issuance of a general obligation
water bond;
d) An election in one of four specifically enumerated water
districts; or,
e) An election or assessment ballot proceeding required or
authorized by the state Constitution under Proposition 218.
8)Authorizes a school district or city with a population of
100,000 or less to conduct an all-mail ballot election to fill
a vacancy in a special election.
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9)Authorizes a district to conduct any election as an all-mailed
ballot election on any date other than an established election
date.
10)Permits San Mateo and Yolo counties, as part of a pilot
program lasting through January 1, 2018, to conduct elections
on up to three dates as all-mailed ballot elections, subject
to certain conditions and reporting requirements.
11)Permits San Diego County, as part of a pilot program lasting
through January 1, 2020, to conduct a special election to fill
a vacancy in the Legislature or in Congress as an all-mailed
ballot election, subject to certain conditions and reporting
requirements.
12)Requires precinct boundaries to be fixed in a manner so that
the number of voters in the precinct does not exceed 1,000 on
the 88th day prior to the day of election, except as
specified.
13)Requires an elections official, at least 29 days prior to an
election, to designate a polling place for each precinct,
except as specified.
14)Permits an elections official to consolidate not more than
six existing precincts at any election that is not a statewide
primary or general election. Requires the polling place used
for a consolidated precinct to be located within the
boundaries of the consolidated precinct.
15)Permits an elections official to make a precinct an
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all-mailed ballot precinct, for which no polling place is
established, if the precinct contains 250 or fewer registered
voters.
16)Requires a state or a political subdivision of a state to
provide voting materials in the language of a minority group
when that group within the jurisdiction has an illiteracy rate
that is higher than the national illiteracy rate, and the
number of United States citizens of voting age in that single
language group within the jurisdiction meets at least one of
the following tests:
a) Numbers more than 10,000;
b) Makes up more than five percent of all voting age
citizens; or,
c) On an Indian reservation, exceeds five percent of all
reservation residents.
17)Requires the elections official to make reasonable efforts to
recruit elections officials who are fluent in a language if
three percent or more of the voting-age residents in the
precinct are fluent in that language and lack sufficient skill
in English to vote without assistance.
18)Requires, in counties where the SOS has determined it is
appropriate, each precinct board to post at least one copy of
the ballot with ballot measures and ballot instructions
printed in Spanish. Provides that the ballot shall also be
posted in other languages if a significant and substantial
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need is found by the SOS.
19)Provides that in determining whether it is appropriate to
require a county to post a copy of the ballot at a precinct in
a language other than English, the SOS shall find a need to
post such translated copies of the ballot if the number of
residents of voting age in the precinct who are members of a
single language minority and who lack sufficient skills in
English to vote without assistance equals three percent or
more of the voting-age residents in the precinct.
20)Requires the elections official to undertake necessary
measures when locating polling places to ensure that polling
places meet the guidelines promulgated by the SOS for
accessibility by the physically handicapped.
21)Requires at least one voting unit at each polling place to
provide voters with disabilities the access required under
HAVA, as specified.
22)Requires, pursuant to HAVA, that voting systems used in an
election for Federal office be accessible for individuals with
disabilities, including nonvisual accessibility for the blind
and visually impaired, in a manner that provides the same
opportunity for access and participation, including privacy
and independence, as for other voters.
23)Requires, pursuant to the VRA, that any voter who requires
assistance to vote by reason of blindness, disability, or
inability to read or write, be given assistance by a person of
the voter's choice, other than the voter's employer or agent
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of that employer or officer or agent of the voter's union.
24)Provides, pursuant to the ADA, that no qualified individual
with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of
services, programs, or activities of a state or local
government.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Amendments: The author of this bill has proposed two
technical amendments to correct drafting errors in the most
recent version of the bill. On page 8, line 33, and on page
9, line 4, the word "hearing" should be replaced by "meeting."
Due to upcoming committee deadlines and the Legislature's
upcoming recess, committee staff recommends that this bill not
be amended in committee today. Instead, if it is the
committee's desire to approve this bill with amendments,
committee staff recommends that the bill be passed out of
committee with the author's commitment to take those
amendments subsequent to passage by this committee.
2)Purpose of the Bill: According to the author:
California saw historically low voter turnout in 2014.
Only 25 percent of all registered California voters
cast a ballot in the June primary and only 42 percent
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participated in the November general election. Los
Angeles County - the largest voting jurisdiction in
the country - had the lowest turnout among all of
California's 58 counties. Fewer than 17 percent of
L.A. County voters cast a ballot in the June primary
and only 31 percent voted in November. While voter
turnout was poor across the entire country in 2014,
California ranked an inexcusable 43rd in turnout among
the 50 states and District of Columbia.
Since 1960 turnout of registered voters in California
off-year general elections has steadily decreased from
a high of 79 percent in 1966 to a previous low of 50.5
percent in 2002. Turnout for off-year primary
elections since 1960 has also steadily decreased from
a high of almost 69 percent in 1978 - when Proposition
13 appeared on the ballot - to a previous low of 33
percent in 2010.
SB 450 is modeled on the very successful way Colorado
conducts its elections wherein every voter
automatically receives a vote by mail ballot who may
then return that ballot by mail or in person at
numerous drop-off locations and innovative vote
centers. In lieu of traditional neighborhood polling
places, these vote centers are placed in convenient
locations all over town and open several days prior to
each election. Furthermore, voters can use any vote
center or drop-off location in their home county -
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they are not limited to using the one closest to their
residence.
At the vote centers, voters can register to vote, cast
a vote, or get a new ballot if they lost or damaged
their mail ballot. They are also equipped with
accessible voting machines for disabled voters and
electronic poll books that interact with the official
voter database.
Fully implemented for the 2014 elections, this hybrid
system resulted in Colorado achieving one of the
highest voter turnouts in the nation. SB 450 will
replicate this system in California on a county by
county, opt-in basis beginning in 2018.
The language of SB 450 was painstakingly developed
with the input of the Secretary of State, county
elections officials, and numerous advocates
representing all facets of California's very diverse
electorate. This effort is evident in the
unprecedented lengths to which the bill goes toward
accommodating non-English proficient voters and voters
with accessibility needs as well as requiring
extensive community involvement and voter education.
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A majority of our voters are already casting ballots
by mail. During the November, 2014 General Election
over 60 percent of all voters statewide used a vote by
mail ballot. Use of mail ballots in local and special
elections is even higher. Furthermore, a recent poll
conducted by the Public Policy Institute of California
found that 70 percent of California adults favor
sending every registered voter a vote by mail ballot.
SB 450 offers the best opportunity to significantly
increase voter participation while also saving
participating counties money over the current system.
3)Colorado Model of Elections: As noted in the author's
statement above, the provisions of this bill are modeled after
the way that Colorado conducts its elections. The essence of
Colorado's elections system is that voters may choose to vote
at home using a ballot that is mailed to them, or may visit
any of the several vote centers within their home county on
election day, or on the days leading up to election day,
including weekends. The key elements of Colorado's system are
as follows:
a) Every registered voter is mailed a ballot.
b) Voters may mail the voted ballot back to elections
officials, or may return it in person to the elections
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official's office, a vote center, or a designated dropoff
location.
c) Instead of traditional neighborhood polling places,
Colorado provides vote centers which are open 8 to 14 days
prior to election day, depending on the type of election.
Vote centers provide all of the following services:
i) Voter registration through election day;
ii) Voting;
iii) Provisional voting for anyone who lost their ballot,
or who otherwise needs a replacement ballot; and,
iv) Accessible voting machines for disabled voters.
d) In counties with at least 10,000 voters, one vote center
is provided for every 30,000 voters during early voting,
with a minimum of one vote center, and one vote center is
provided for every 15,000 voters on election day, with a
minimum of three vote centers. In counties with fewer than
10,000 voters, at least one vote center is provided during
early voting, and at least one vote center is provided on
election day.
e) In counties with at least 25,000 voters, at least one
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stand-alone dropoff location is provided for every 30,000
voters.
Colorado's election system came about through a series of
changes over time. Larimer County in Colorado piloted the
first use of vote centers in 2003, and in 2004, Colorado's SB
153 established the legal framework permitting the use of vote
centers for conducting an election. By the 2006 statewide
election, 19 Colorado counties were using election day vote
centers.
In 2002, Colorado adopted a no-excuse, permanent absentee
voting system under which any voter could sign-up to receive
an absentee ballot at any election. By 2008, 50 percent of
Colorado voters were signed-up as permanent absentee voters,
and in 2009, the Colorado Legislature passed a bill allowing
counties to conduct primary elections as all-mail ballot
elections. As a result, in 2010, more than two-thirds of
Colorado counties conducted the statewide primary election as
an all-mail ballot election.
In 2013, the Colorado Legislature adopted and the Governor
signed HB 1303, which established the framework under which
Colorado's elections are now conducted. HB 1303, among other
provisions, authorized voter registration to continue through
election day, required that every registered voter be mailed a
ballot no later than 22 days before each election, and
required county clerks to establish vote centers, as outlined
above. Although the changes made by HB 1303 were significant,
many Colorado counties and many Colorado voters already had
experienced elections conducted using vote centers, and had
experienced elections in which every voter was mailed a
ballot, as detailed above.
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While the provisions of this bill are modeled after Colorado
law, California's unique challenges will necessitate policies
that differ from the Colorado model in some respects. For
example, under the VRA, certain jurisdictions in Colorado are
required to provide elections materials and assistance in
Spanish, but Colorado counties generally are not required to
provide assistance in other languages. By contrast, Los
Angeles County is required to provide language assistance in
nine languages other than English. (Los Angeles also chooses
to offer bilingual poll worker assistance in another seven
languages.) Many other California counties also are required
to provide assistance in languages other than English and
Spanish. When elections are conducted using polling places,
bilingual poll workers can be directed to those areas that
have higher residential concentrations of voters who require
assistance in a particular language. But in an election
system where voters have the option of voting at any vote
center countywide, and aren't tied to a specific voting
location, it can be more challenging to determine where best
to place bilingual election workers.
Other challenges that California likely will face in moving to
an election system similar to Colorado's include the state's
size (both in terms of population and geography), and the fact
that fewer voters and elections officials have familiarity
with vote centers and elections in which all voters are mailed
a ballot. Overcoming these challenges may require more robust
voter education and outreach, and may require other
adjustments to the Colorado model. This bill contains many
adjustments to the Colorado model in an attempt to address
this state's unique challenges.
4)Vote Centers vs. Polling Places: Vote centers are polling
locations at which any registered voter in a county can cast a
regular (i.e., non-provisional) ballot, regardless of the
voter's precinct. Voters do not need to vote at polling
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places near their homes, but can vote at any of the vote
centers throughout the county.
Vote centers provide greater flexibility to voters in deciding
where and when to cast their ballot. The trade-off is that
there are considerably fewer physical voting locations in
elections using vote centers than in elections using
neighborhood polling places. For example, Los Angeles County
had 4,684 polling places for the November 2014 general
election. By contrast, if Los Angeles County chose to conduct
a statewide election pursuant to this bill, it would be
required to have 328 vote centers open on election day, and
164 vote centers open for the 10 days before the election.
(The county would also be required to have 328 ballot dropoff
locations for the 28 days before the election.) This
substantial reduction in the number of physical voting
locations could significantly increase the distance that some
voters have to travel in order to cast a ballot in person.
On the other hand, because vote centers would be open for the 10
days prior to election day, the number of days and hours
during which in-person voting is available would increase
significantly. Additionally, with vote centers, a voter could
have the flexibility to vote near his or her work, or near his
or her child's school, if that was a more convenient option.
Because of the reduced number of physical voting locations,
elections officials would also have greater flexibility to
locate vote centers near established public transportation
routes and in areas with sufficient parking. (In fact, this
bill would require elections officials to take those factors
into consideration when deciding where to locate vote
centers.)
5)Technical Requirements for Vote Centers: Because voters have
the option of casting a ballot at any vote center in the
county, vote centers need to have a system that can provide
any eligible voter in the county with the appropriate ballot.
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While smaller counties that have fewer ballot styles may be
able to accommodate that need using pre-printed paper ballots,
vote centers in larger jurisdictions likely will feature
electronic voting systems that are pre-loaded with all the
ballot types in the county, or ballot-on-demand printers that
can produce the appropriate paper ballots as needed.
Additionally, in order to verify the registration of voters,
determine the correct ballot type for each voter, and ensure
that a voter has not already cast a ballot, vote centers must
have a mechanism to verify voter registration information. In
most jurisdictions, this requirement is likely to be met
through the use of electronic poll books that can communicate
with the voter registration database in real-time.
6)VoteCal: On October 29, 2002, President George W. Bush signed
HAVA. Enacted partially in response to the 2000 Presidential
election, HAVA was designed to improve the administration of
federal elections. Among other provisions, HAVA requires
every state to implement a single, uniform, official,
centralized, interactive computerized statewide voter
registration list defined, maintained, and administered at the
state level. This statewide voter registration list will serve
as the official list of eligible voters for any federal
election held within the state.
At the time HAVA was approved, California was already using a
statewide voter registration system, known as Calvoter, which
achieved some of the goals of the voter registration list
required by HAVA. However, Calvoter did not satisfy many of
the requirements in that law, including requirements that the
database be fully interactive and have the capability of
storing a complete voter registration history for every voter.
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Discussions between the United States Department of Justice
and the SOS led to the adoption of a memorandum of agreement
(MOA) between the two parties. In that MOA, the SOS committed
to further upgrades to the Calvoter system to achieve short
term interim compliance with the requirements of HAVA, and to
complete development and implementation of a longer term
solution for replacing the Calvoter system with a new
permanent statewide voter registration system. That new
permanent system is commonly known as VoteCal.
After a number of delays, the VoteCal system is being developed
and is currently in testing. The system is scheduled to be
rolled out to five counties later this month as a pilot, and
if VoteCal is operating as anticipated, it will then be
deployed to the remaining 53 counties in six waves between
October 2015 and March 2016. After the final wave is
completed, the SOS will certify VoteCal as the system of
record for voter registration information in California. The
current project schedule provides for that certification to
occur by June 2016.
7)Conditional Voter Registration (a.k.a. "Election Day"
Registration): AB 1436 (Feuer), Chapter 497, Statutes of 2012,
permits "conditional voter registration," under which a person
is allowed to register to vote and vote at the office of the
county elections official at any time, including on election
day, if certain requirements are met. Conditional voter
registration will not go into effect until January 1 of the
year following the date that the SOS certifies the operation
of VoteCal. Under conditional voter registration, voters will
cast provisional ballots which will be counted only if the
elections official is able to determine the person's
eligibility to vote, as specified.
One of the conditions of this bill would require that
conditional voter registration be available at every vote
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center. Because counties would not be allowed to operate vote
centers pursuant to this bill until 2018, and because VoteCal
is scheduled to be fully implemented in 2016, the state law
providing for conditional voter registration is expected to be
in effect before any elections are conducted under the
provisions of this bill.
8)Arguments in Support: The sponsor of this bill, Secretary of
State Alex Padilla, writes in support:
While voter participation was historically low
nationwide in 2014, some states maintained stronger
participation. For example, Colorado had the 3rd
highest voter turnout last year - 56% of their
eligible citizens cast a ballot. The state recently
enacted numerous reforms to improve election
administration. This past May, I travelled to Denver,
Colorado to observe their mayoral election and to
identify best practices for California. Colorado's
recent reforms include sending every voter a ballot
nearly a month before Election Day, providing
locations to drop off a ballot, replacing polling
places with vote centers which any voter in a county
may use, providing nearly 2 weeks of early, in-person
voting, and allowing for same day voter registration
at each vote center.
SB 450 would allow California counties, beginning in
2018, to implement a new election model based on the
best practices I witnessed in Colorado:
Every registered voter will be sent a
ballot, which according to the Presidential
Commission on Election Administration, can
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increase "aggregate turnout by two to four
percentage points in presidential, midterm, and
odd-year elections."
Replace polling places with vote centers.
Voters will be able to go to vote in person at
any center in the county, use accessible voting
machines, be provided with language assistance,
and utilize conditional voter registration.
Eligible voters, or voters who missed the
voter registration deadline, will have access to
conditional voter registration (CVR) at every
vote center for at least 10 days before Election
Day. CVR, which is California's version of same
day registration, has the potential to increase
voter turnout by up to ten percentage points,
according to a report by Demos.
Voters will be provided with ten days of
in-person, early voting. Voters will have 93
hours, including time on weekends, to vote
in-person at multiple locations. This year the
Public Policy Institute of California (PPIC)
found that 30% of infrequent voters said they did
not have enough time to vote.
In addition to vote centers, voters will
be able to use ballot drop boxes throughout a
county. In Colorado, 72% of voters placed their
ballot in a drop box.
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SB 450 goes beyond the Colorado reforms:
Language minorities, protected by the
Voting Rights Act, will have access to translated
materials and language assistance at every vote
center.
Disabled voters will have access to
alternative means of voting so that they may vote
privately and independently.
Vote centers will be required to be near
to public transportation.
County elections officials are encouraged
to use mobile voting methods to further increase
voting opportunities.
The public will have a say in the number
and the location of vote centers and drop boxes
through an open process conducted by county
election officials.
The Secretary of State will establish a
taskforce to review and make recommendations for
improvements for elections conducted under this
legislation.
In support of this bill, the California Nurses Association
(CNA) writes:
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While recent efforts have been made to increase civic
participation in California, voter turnout is still a
serious problem. During the 2014 elections,
California experienced its lowest voter turnout since
[World War II]. California ranks 38th in voter
registration and 42nd in voter turnout. CNA strongly
supports this effort to modernize our elections and
boost election turnout and civic participation?.
California is not responding to the changing needs of
its citizens. People travel for work and school,
oftentimes quite a distance away from their homes.
Yet, they are still tied to a polling precinct that
offers limited hours of availability and a fixed
location that hampers the choice of voters to vote
near their work or schools?.
[SB] 450 will address the issue of outdated voting
technology while giving voters more flexibility in
casting their vote.
The California Association of Clerks and Election Officials
(CACEO) writes that it "is excited by the interest in
modernizing the election paradigm in California and is
optimistic about the future and the potential benefits this
bill offers the voters of the state. We are particularly
pleased with the improvement in voting opportunities this bill
provides for voters with disabilities. We believe this bill
represents the broadest expansion of options for voters with
disabilities of any proposed state elections legislation in
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many years." While CACEO has a support position, it notes in
its letter that the support position "is predicated on the
assumption of continued collaboration and dialogue to refine
the bill." In particular, CACEO expresses a desire to
continue conversations regarding refining the bill to address
(1) flexibility for election administrators "to adapt to
changing conditions and to function in an agile manner" and
(2) a state funding mechanism to deal with the "significant
up-front investment costs to implement the provisions of this
bill."
1)Arguments in Opposition and Concerns Raised: Disability
Rights California (DRC), which has an "oppose unless amended"
position on this bill, writes:
Vote by mail, while useful for some people with
disabilities, is currently inaccessible to numbers of
voters with disabilities, such as those who are blind,
have manual dexterity disabilities or learning
disabilities. As you know, paper ballots are not
accessible to people with certain disabilities because
they cannot read or mark the ballot unassisted, which
means they cannot vote privately or independently as
required by the federal Help America Vote Act.
Many people with disabilities who find paper ballots
inaccessible would like to vote by mail just like
other voters. Maintaining a separate but unequal
system runs afoul of the right voters have to vote
privately and in secret.
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While the bill proposes to mitigate this inequity
through alternatives so voters with disabilities can
vote privately and independently, it does not go far
enough to ensure equal access to the voting process.
To address these concerns, DRC suggests amendments to (1)
require counties that opt-in to the vote center model to
establish a mobile vote center; (2) provide that the method
under this bill for voters with disabilities to mark a VBM
ballot privately and independently also be required to allow
those voters to read the ballot privately and independently;
and, (3) include an interactive process for voters with
disabilities to request or receive plans or voter information
in a specific alternative format.
The California Council of the Blind (CCB), which does not have
an official position on the bill, nonetheless raises similar
concerns to those raised by DRC. In its letter, CCB indicates
that it "can support this bill only if (1) the bill retains
the requirement?that counties offer vote by mail ballots that
blind and visually impaired voters can privately and
independently read and mark before a county may conduct a vote
by mail election under the legislation (2) the Legislature
takes immediate steps to pass companion legislation that would
create vote by mail ballots that blind voters can privately
and independently read and mark, and (3) the Legislature
clarifies and strengthens certain other accessibility
provisions."
The American Civil Liberties Union (ACLU) of California, which
has an "oppose unless amended" position on this bill, states:
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Allowing every county to adopt a vote center model
without first studying, in a more limited way, how
California's voters adapt to this model creates grave
risk that, despite your intentions, fundamental voting
rights will be disregarded, voters will be deterred,
and turnout could be suppressed among protected
groups. Accordingly, we recommend amending SB 450 to
limit the vote center model to a carefully monitored
pilot program that will develop best practices to
ensure no voter is wrongly excluded. In the
alternative, if a larger trial is attempted, SB 450
should impose strict criteria participating counties
must meet before being allowed to implement a vote
center experiment.
2)Related Legislation: SB 439 (Allen), which is also being heard
in this committee today, would allow elections officials to
offer conditional voter registration at satellite offices on
days other than election day, and would require the SOS to
adopt and publish standards for electronic poll books and
ballot on demand printers, as specified.
AB 1020 (Ridley-Thomas), which is pending in the Senate
Appropriations Committee, updates various provisions of state
law in preparation for the deployment of the
federally-mandated VoteCal statewide voter registration
database.
3)Previous Legislation: AB 3024 (Wolk) of 2006, would have
authorized Solano County to conduct a pilot project whereby
the county elections official would establish vote centers in
lieu of polling places in each precinct. AB 3024 was vetoed
by Governor Schwarzenegger. In his veto message, the Governor
stated that "[w]hile the vote center system may offer some
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advantages over the current precinct-based voting system, the
proposed pilot project would reduce the number of voting
locations by 80 percent, and thereby significantly increase
the distance that voters would have to travel in order to
vote. This burden would fall disproportionately on those who
are less mobile, frequently the poor, disabled, and elderly."
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (sponsor)
American Federation of State, County and Municipal Employees,
AFL-CIO (prior version)
California Association of Clerks and Election Officials
California Foundation for Independent Living Centers (if
amended)
California League of Conservation Voters (prior version)
California Nurses Association (prior version)
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California State Association of Counties
California Transit Association (prior version)
Consumer Watchdog
Sierra Club California (prior version)
Opposition
American Civil Liberties Union of California (unless amended)
Disability Rights California (unless amended)
Analysis Prepared by:Ethan Jones / E. & R. / (916)
319-2094