BILL ANALYSIS
AB 814
Page 1
Date of Hearing: August 26, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 814 (Hill) - As Amended: July 1, 2010
CONCURRENCE IN SENATE AMENDMENTS
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|ASSEMBLY: | |(June 3, 2009) |SENATE: |30-1 |(August 19, |
| | | | | |2010) |
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(vote not relevant)
SUBJECT : Elections: ballots: notifications.
SUMMARY : Requires county elections officials to provide voters
with a notification that the voter should receive a voter
information guide containing detailed information on the
candidates and measures that will be on the ballot for the
election.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Require, for every statewide election, that a notification be
included with each sample ballot stating that the voter will
receive a state ballot pamphlet at least one week prior to the
election.
2)Require this notice to include information as to where a voter
can obtain a ballot pamphlet prior to the election and a
statement indicating that a ballot pamphlet will be made
available on the Internet Web site of the Secretary of State
(SOS) and at the polling place at the time of the election.
Require this notice to include the telephone number of the
county elections official that a voter can call to request to
have a ballot pamphlet mailed to him or her.
EXISTING LAW :
1)Requires the SOS to produce a state ballot pamphlet for each
statewide election and requires the SOS to mail one copy of
the ballot pamphlet to every household in the state having one
or more registered voters as of the 29th day before the
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election. Requires the ballot pamphlet to include the
following information:
a) A complete copy of each state measure;
b) A copy of the specific constitutional or statutory
provision, if any, that each state measure would repeal or
revise;
c) A copy of the arguments and rebuttals for and against
each state measure;
d) A copy of the analysis of each state measure; and,
e) Tables of contents, indexes, art work, graphics, and
other materials that the SOS determines will make the
ballot pamphlet easier to understand or more useful for the
average voter.
2)Provides that a candidate for statewide elective office who
accepts specified voluntary campaign expenditure limits may
purchase the space to place a statement in the state ballot
pamphlet.
3)Requires local elections officials to produce a sample ballot
for each ballot type. Requires the sample ballot shall be
mailed, postage prepaid, not more than 40 nor less than 21
days before the election to each voter who is registered at
least 29 days prior to the election.
AS PASSED BY THE ASSEMBLY , this bill established a procedure for
a defendant who owned, possessed, or had custody or control of a
firearm to sell that firearm to a firearms dealer or relinquish
the firearm to a law enforcement agency when the defendant had
been convicted of a specified offense and prohibited from owning
a firearm.
FISCAL EFFECT : According to the Senate Appropriations
Committee, local county officials have indicated that they will
most likely print the information required in this measure on
the sample ballot booklet without additional costs, and that
some counties already enclose an insert with their sample
ballots and that this required information would just be added
to that insert. Therefore, any costs associated with AB 814 are
expected to be minor to local elections officials.
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COMMENTS :
1)Purpose of the Bill : According to the author:
Days before the June 8th primary, our office began
receiving calls that voters in San Mateo County had
not received their [Voter Information Guides (VIGs)].
Although the Secretary of State makes these guides
available at every polling place, county elections
office and public libraries, as well as on-line, it is
apparent that voters do not know. However, given the
calls our office received regarding the issue it is
clear that voters don't know how to access additional
VIGs if they don't receive one in the mail. This bill
is an attempt to correct this.
2)Missing State Ballot Pamphlets in San Mateo County . An
undetermined number of voters in San Mateo County failed to
receive their state ballot pamphlets for the June 8, 2010
Statewide Primary Election. The following statement regarding
this matter was issued by the Office of the SOS on June 4,
2010:
State law requires that the Secretary of State's Official
Voter Information Guides be mailed to every voter household
no later than May 18, and the U.S. Postal Service reports
that all state voter guides for the current election cycle
were received at their regional postal facilities on time.
State voter guides addressed to San Mateo County voter
households were delivered to the U.S. Postal Service's San
Francisco regional postal facility between April 22 and May
13, then distributed to area post offices from there.
To further enhance availability to all Californians, the
Secretary of State also makes state voter guides available
at every polling place, every county elections office and
every public library, as well as on the Internet at
www.voterguide.sos.ca.gov.
Without contacting the Secretary of State for the facts,
San Mateo County elections chief Warren Slocum incorrectly
announced that not one state voter guide had been received
or even mailed on time in San Mateo County. In fact, most
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registered voters in San Mateo County have received at
least one state voter guide in the mail. (Note: Since
2008, state voter guides have been distributed one per
voter household rather than one per each voter.)
When the Secretary of State's office received two phone
calls yesterday from San Mateo County voters, we wanted to
investigate. When contacted, San Mateo County staff
assured Secretary of State staff there appeared to be no
widespread issue with state voter guides. However, upon
further research, the Secretary of State's office has
learned at least 19 San Mateo County voters did not receive
voter guides in the mail, despite being registered to vote
before the mailing began. (Note: County elections offices
are responsible for providing state voter guides to all
voters who register or change registration information
after the statewide mailing begins. Each county has a
large supply of extra voter guides on hand for such
instances.)
While bulk-mailing millions of items through the U.S.
Postal Service's 1,459 post offices across California will
never be perfect, even one missed household is too many
when it comes to the Secretary of State's nonpartisan
election materials.
The Secretary of State's office is thankful to voters who
notify us if they do not receive their election materials
or wish to have additional copies. It's unfortunate that
Mr. Slocum didn't notify the Secretary of State's office
when he had concerns about election materials, and instead
misinformed voters and campaigns.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094