BILL ANALYSIS
AB 101
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 101 (Anderson)
As Amended September 1, 2009
Majority vote
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|ASSEMBLY: |79-0 |(May 4, 2009) |SENATE: |40-0 |(September 4, |
| | | | | |2009) |
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Original Committee Reference: E. & R.
SUMMARY : Requires elections officials to deliver a notice to
each vote by mail (VBM) voter that a VBM ballot must actually be
received by the elections official before the polls close on
election day in order for the ballot to be counted and that an
envelope postmarked by the day of the election is not
sufficient. Requires this notice to be included on the VBM
ballot identification envelope or in instructions to the voter.
The Senate amendments allow a county to exhaust its existing
supplies of VBM ballot identification envelopes before being
required to comply with this bill.
EXISTING LAW requires all VBM ballots to be received by the
elections official from whom they were obtained or by the
precinct board no later than the close of polls on election day
in order to be counted.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, once a county's current supply of VBM ballot
envelopes is exhausted, the notice could be printed on the
identification envelope and future costs would be negligible.
COMMENTS : According to the author, "I authored Assembly Bill
101 to ensure that every voter who votes by mail will be given
fair notice that ballots must be received by a polling official
by the time the polls close. State law currently requires other
standard warnings, and this bill will guarantee a fundamental
one. In the words of AB 101, it would be a disclosure 'that the
vote by mail ballot must actually be received by elections
officials before the polls close on Election Day in order for
AB 101
Page 2
the ballot to be counted and that an envelope postmarked by the
day of the election is not sufficient.' This is a small step
our government can take to preserve and uphold the continuity
and clarity the voters expect and deserve."
According to the California Association of Clerks and Election
Officials, most counties already provide a notice to voters
similar to the one required by this bill, and "while there may
be some minor costs imposed on some counties, the information is
vital to the vote by mail process. As more voters opt to cast
their ballots via the vote by mail process, it is imperative
that they understand the necessity of returning the voted ballot
in a timely manner."
This bill is substantially similar to AB 1928 (Anderson) of
2008. AB 1928 was vetoed by the Governor, though the Governor
did not express any policy objections to the bill. Instead, AB
1928 was one of 136 bills that received the same veto message.
That veto message is as follows:
"The historic delay in passing the 2008-2009 State Budget has
forced me to prioritize the bills sent to my desk at the end of
the year's legislative session. Given the delay, I am only
signing bills that are the highest priority for California.
This bill does not meet that standard and I cannot sign it at
this time."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0002739