BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 306 HEARING DATE: 6/16/09
AUTHOR: FULLER ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 4/13/09
FISCAL: YES
SUBJECT
Elections: voter pamphlets
DESCRIPTION
Existing law requires the Secretary of State (SOS) to make
the complete state ballot pamphlet available to voters over
the Internet.
Existing law requires the SOS to mail one copy of the
ballot pamphlet to each registered voter at the postal
address stated on the voter's affidavit of registration,
except that the SOS may mail only one ballot pamphlet to
two or more registered voters having the same postal
address.
This bill requires the SOS to establish a process whereby
voters can opt out of receiving the state ballot pamphlet
by mail. Specifically, this bill:
Requires that, in order for the mailing of a ballot
pamphlet to cease, all registered voters who share a
common address must opt out of receiving a mailed
ballot.
Requires the SOS to include a process for voters to
resume receiving a mailed ballot pamphlet if they
change their mind.
Makes all of the above effective only after the SOS
certifies that the state has a statewide voter
registration database compliant with the federal Help
America Vote Act.
BACKGROUND
The SOS is required to prepare the state ballot pamphlet
and mail copies of the ballot pamphlet to registered
voters. The State's costs for printing and mailing state
ballot pamphlets for the November 2008 Election were about
$10.4 million. According to the most recent data
available, each voter pamphlet costs $0.71 to print and
mail, and about 12 million are printed for each election.
So for every 100,000 voters that opt out of receiving the
pamphlet, the state would save approximately $70,000
annually. It should also be noted that in the November
2006 Election, a larger voter pamphlet resulted in higher
General Fund costs totaling $17.4 million.
COMMENTS
1. According to the author : AB 306 will allow voters to
opt out of receiving the state voter pamphlet by mail
from the SOS, as this document is already available on
the SOS's website. Individuals are now given the option
of accessing documents as vital as billing statements
online rather than via mail. Additionally, voters that
are not located at their primary mailing address in the
weeks prior to an election, such as those traveling
abroad or military personnel, will not be able to
utilize the mailed voter pamphlet.
The language of this bill is broad enough to allow the SOS
to determine what the most cost-effective and efficient
process is for accomplishing this. Moreover, because
the current voter registration database at SOS is
incapable of incorporating voter pamphlet opt-out
requests, AB 306 would only become effective once the
SOS has implemented its new statewide voter registration
database, which is scheduled to take place in 2010.
2. Mountains of Mail : The SOS is required to prepare the
state ballot pamphlet and mail copies of the ballot
pamphlet to registered voters. The SOS also is required
to mail the ballot pamphlet to city and county elections
officials, members of the Legislature, proponents of
ballot measures, libraries, high schools and
institutions of higher learning. In total the expense
AB 306 (FULLER) Page
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to the State for mailing state ballot pamphlets for the
November 2006 Election exceeded $17 million. By
providing a method whereby a voter can select to
discontinue receipt of the ballot pamphlet by mail the
state may be able to reduce the cost of mailing
additional and sometimes unwanted copies of the
pamphlet.
3. Accessing Ballot Pamphlets Online : The SOS is required
to provide the complete state ballot pamphlet online but
not all voters know that it is available. Voters who
may be more inclined to review the state ballot pamphlet
online and opt out of receiving a mailed copy include
students studying abroad, military personnel on active
duty or out of the country, and individuals who travel
for a living. It is becoming exceedingly popular for
families to purchase and use home computers with
Internet accounts. Coffee shops and cyber cafes often
offer consumers free use of the Internet. Hotels
advertise overnight accommodations with computer
Internet connections to their customers who may travel
in the course of business. You can even purchase a car
that is equipped with the means to download information
from the World Wide Web. Internet technology makes it
possible for us to log on and access web sites from any
place, time or day of the year. Voters now have the
option of researching ballot measures, learning about
the candidates or reviewing the state ballot pamphlet
all from the comfort of their homes by virtue of the
Internet.
4. Prior Legislation : In 2007, a substantially similar
bill, AB 1046 (Leno) passed the Assembly Elections
Committee unanimously, but was subsequently amended to
address an unrelated issue. SB 1070 (Budget and Fiscal
Review), Chapter 133 Statutes of 2008, allows the SOS to
send only one ballot pamphlet to a household where two
or more registered voters have the same postal address.
Prior to the enactment of SB 1070, the SOS had to send
one ballot pamphlet to each voter in a household with
two or more registered voters unless the voters had the
same surname.
PRIOR ACTION
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Assembly Elections and Redistricting Committee: 7-0
Assembly Appropriations Committee: 16-0
Assembly Floor: 79-0
POSITIONS
Sponsor: Author
Support: Secretary of State
Oppose: None received
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