BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Ben Allen, Chair 2015 - 2016 Regular Bill No: SB 450 Hearing Date: 08/25/16 ----------------------------------------------------------------- |Author: |Allen | |-----------+-----------------------------------------------------| |Version: |8/18/16 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Darren Chesin | | | | ----------------------------------------------------------------- Subject: Elections: vote by mail voting and mail ballot elections DIGEST Permits specified counties beginning in 2018, and all other counties beginning in 2020, to conduct elections in which every voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election, subject to certain conditions. Permits Los Angeles County, beginning in 2020 and for a period of not more than four years, to conduct elections in which vote centers and ballot drop-off locations are available prior to and on election day, in lieu of operating polling places for the election, subject to certain conditions. ANALYSIS Existing law: 1)Allows a voter who wishes to receive a vote by mail (VBM) ballot for every election in which that voter is eligible to vote to become a permanent VBM voter. 2)Permits, but does not require, elections officials to allow voters to cast ballots prior to an election at their offices or satellite locations on weekends or times beyond regular office hours. SB 450 (Allen) Page 2 of ? 3)Permits a voter who is otherwise qualified to register to vote to complete a conditional voter registration, as defined, and 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. Provides that these provisions do not become operative until January 1 of the year following the year in which the Secretary of State (SOS) certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act (HAVA). 4)Allows local elections held on no more than three different dates in Monterey, Sacramento, San Mateo, and Yolo counties to be conducted wholly by mail, as part of a pilot project lasting through January 1, 2018, subject to certain conditions. 5)Permits San Diego County, as part of a pilot program lasting through January 1, 2021, 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. 6)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. Requires an elections official, at least 29 days prior to an election, to designate a polling place for each precinct, except as specified. 7)Requires a state or a political subdivision of a state to provide voting materials in the language of a minority group according to specified criteria. 8)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 SB 450 (Allen) Page 3 of ? precinct are fluent in that language and lack sufficient skill in English to vote without assistance. 9)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. 10)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. This bill: 1)Permits the counties of Calaveras, Inyo, Madera, Napa, Nevada, Orange, Sacramento, San Luis Obispo, San Mateo, Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, on or after January 1, 2018, and all other counties, on or after January 1, 2020, to choose to conduct elections where all voters are mailed a ballot and where vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election, subject to the following conditions: a) Vote Centers. Requires vote centers to be open, in lieu of polling places, on Election Day, and for the 10 days prior to Election Day. Requires, for regularly scheduled elections, one vote center for every 50,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 10,000 registered voters from the 3rd day prior to the election through election day, with no fewer than two vote centers. Requires, for special elections, one vote center for every 60,000 registered voters from the 10th day to the day prior to the election, and one vote center for every 30,000 registered voters on Election Day, as specified. Specifies SB 450 (Allen) Page 4 of ? minimum hours of operation at vote centers. Requires vote centers to be accessible to voters with disabilities, and requires language assistance to be provided at vote centers consistent with current state and federal law. Requires vote centers to be equitably distributed around the county so as to afford maximally convenient options for voters at accessible locations as near as possible to established public transportation routes. Requires every vote center to have an electronic mechanism that allows elections officials to immediately access voter registration data, including whether each voter has been issued a VBM ballot and whether a ballot has been received by the elections official. 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. Requires that a voter be able to do any of the following at any vote center in the voter's county of residence: i. Return, or vote and return, a VBM ballot; ii. Register to vote, or update his or her 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. a) Vote by Mail Ballots and Return. Requires all registered voters to be mailed ballots and requires ballot drop-off locations, consisting of a secure, accessible, locked ballot box, to be available from the 28th day before the election through Election Day, as specified. Requires SB 450 (Allen) Page 5 of ? a ballot drop-off location for every 15,000 registered voters. b) Election Administration. Requires county elections officials to develop a plan for conducting elections, and specifies the elements of the plan, including voter education and outreach, and the public process for developing the plan. Requires the SOS to review and approve the voter education and outreach portions of the plan. c) Requires a toll-free voter assistance hotline, accessible to voters who are deaf and hard of hearing, maintained by the county elections official that is operational no later than 29 days before the day 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 materials and assistance, as specified. d) Requires the county elections official to establish a Language Access Advisory Committee and a Voting Accessibility Advisory Committee, as specified. e) Permits a county to conduct a special election as an all-mailed ballot election under this bill, as specified. 1)Los Angeles County Alternative. Permits Los Angeles County, beginning January 1, 2020, to conduct elections subject to the same conditions that are generally applicable above, with the following exceptions: a) The county is not required to mail a ballot to every registered voter, but is required to mail ballots to permanent VBM voters, voters in precincts with fewer than 500 registered voters, voters in jurisdictions that are shared with counties that are conducting elections pursuant to this bill, and voters in precincts that are either more than a 30-minute travel time from a vote center, or where the precinct's polling place from the last statewide election is more than 15 miles from the nearest vote center. SB 450 (Allen) Page 6 of ? b) Requires, for regularly scheduled elections, one vote center for every 30,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 7,500 registered voters from the 3rd day prior to the election through election day. Additionally requires a vote center to be located in every city within the county that has at least 1,000 registered voters. Requires at least one drop-off location for every 15,000 permanent VBM voters, with no fewer than two drop-off locations, as specified. c) Provides that the county may conduct elections under this alternative for no more than four years, and allows the county to conduct elections as otherwise provided in this bill after that time. 2)Requires the SOS to report specified information to the Legislature within six months of any election conducted pursuant to this bill and establish a task force to review these elections and to provide recommendations to the Legislature. 3)Allows a VBM ballot to be returned to any polling place within the state, instead of being limited to polling places within the jurisdiction of the elections official who issued the ballot. 4)Contains double-jointing language to avoid chaptering problems with AB 1921 (Gonzalez). BACKGROUND Colorado Model of Elections . As noted in the author's statement below, 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 SB 450 (Allen) Page 7 of ? days leading up to Election Day, including weekends. Voters may mail the voted ballot back to elections officials, or may return it in person to the elections official's office, a vote center, or a designated drop-off location. Vote Centers vs. Polling Places . Vote centers under this bill 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 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 ballots. The trade-off is that there are fewer physical voting locations on Election Day itself in elections using vote centers than in elections using neighborhood polling places. On the other hand, because vote centers would be open for the 10 days prior to Election Day (including two full weekends), 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.) 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. 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 SB 450 (Allen) Page 8 of ? 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. 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. AB 1436 does not, however, require conditional voter registration to be available at polling places. Conditional voter registration will go into effect on 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 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 this year, 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. Early Adopters . The following table details the 14 counties that would have the option of adopting the provisions of this bill beginning in 2018, and the number of vote centers and drop-off locations that each county would be required to operate, based on current registration figures. ----------------------------------------------------------------- |County |Registered| Polling | Vote | Vote | Drop-off | | | Voters* |Places at | Centers, | Centers, |Locations | | | | 11/2014 | E-10 to | E-3 | | | | |Election**| E-4 | through | | | | | | | Election | | | | | | | Day | | |----------+----------+----------+----------+----------+----------| SB 450 (Allen) Page 9 of ? |Orange |1,395,380 | 1135 | 28 | 140 | 94 | |----------+----------+----------+----------+----------+----------| |Santa | 788,063 | 697 | 16 | 79 | 53 | |Clara | | | | | | |----------+----------+----------+----------+----------+----------| |Sacramento| 715,975 | 528 | 15 | 72 | 48 | | | | | | | | |----------+----------+----------+----------+----------+----------| |San Mateo | 367,155 | 211 | 8 | 37 | 25 | |----------+----------+----------+----------+----------+----------| |San Luis | 155,801 | 145 | 4 | 16 | 11 | |Obispo | | | | | | |----------+----------+----------+----------+----------+----------| |Shasta | 96,310 | 79 | 2 | 10 | 7 | |----------+----------+----------+----------+----------+----------| |Napa | 72,461 | 13 | 2 | 8 | 5 | |----------+----------+----------+----------+----------+----------| |Nevada | 66,149 | 39 | 2 | 7 | 5 | |----------+----------+----------+----------+----------+----------| |Madera | 54,017 | 39 | 2 | 6 | 4 | |----------+----------+----------+----------+----------+----------| |Sutter | 42,351 | 22 | 2 | 5 | 3 | |----------+----------+----------+----------+----------+----------| |Tuolumne | 29,472 | 27 | 2 | 3 | 2 | |----------+----------+----------+----------+----------+----------| |Calaveras | 27,532 | 15 | 2 | 3 | 2 | |----------+----------+----------+----------+----------+----------| |Inyo | 9,697 | 5 | 2 | 2 | 2 | |----------+----------+----------+----------+----------+----------| |Sierra | 2,217 | 0*** | 2 | 2 |2 | | | | | | | | ----------------------------------------------------------------- *As of 5/23/2016, per Secretary of State's Report of Registration. **According to information provided by the counties to the United States Election Assistance Commission as part of the 2014 Election Administration and Voting Survey. ***Due to the fact that none of Sierra County's precincts have more than 250 registered voters, all of its precincts were designated as mailed-ballot precincts for the November 2014 Election. As a result, it did not have polling places for that SB 450 (Allen) Page 10 of ? election. COMMENTS 1)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 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 Los Angeles 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 VBM 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 - 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. SB 450 (Allen) Page 11 of ? 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 SOS, 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. 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 VBM 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 VBM ballot. SB 450 offers the best opportunity to significantly increase voter participation while also saving participating counties money over the current system. RELATED/PRIOR LEGISLATION SB 439 (Allen, Chapter 734, Statutes of 2015), allows elections officials to offer conditional voter registration at satellite offices on days other than election day, and requires the SOS to adopt and publish standards for electronic poll books and ballot on demand printers, as specified. 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 advantages over the current precinct-based voting system, the proposed pilot project would reduce the number of voting locations by 80 percent, and thereby SB 450 (Allen) Page 12 of ? 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." PRIOR ACTION ------------------------------------------------------------------ |Assembly Floor: | 47 - 31 | |--------------------------------------+---------------------------| |Assembly Appropriations Committee: | 14 - 6 | |--------------------------------------+---------------------------| |Assembly Elections and Redistricting | 5 - 2 | |Committee: | 36 - 0 | |Senate Floor: | 5 - 0 | |Senate Elections and Constitutional | | |Amendments: | | ------------------------------------------------------------------ POSITIONS Sponsor: Secretary of State Support: American Federation of State, County and Municipal Employees, AFL-CIO California Association of Clerks and Election Officials California Association of Nonprofits California Foundation for Independent Living Centers California League of Conservation Voters California Common Cause California Nurses Association California Public Interest Research Group California State Association of Counties California Transit Association City Clerks Association of California Consumer Watchdog Courage Campaign Equality California Los Angeles County Board of Supervisors NARAL Pro-Choice California Rural County Representatives of California San Fernando Valley Young Democrats San Mateo County Board of Supervisors Service Employees International Union SB 450 (Allen) Page 13 of ? Sierra Club California Oppose: Department of Finance Election Integrity Project Howard Jarvis Taxpayers Association