BILL ANALYSIS
AB 1228
Page 1
ASSEMBLY THIRD READING
AB 1228 (Yamada)
As Amended May 12, 2009
Majority vote
ELECTIONS 5-0
-----------------------------------------------------------------
|Ayes:|Fong, Coto, Mendoza, | | |
| |Saldana, Swanson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Creates a pilot program allowing Yolo County to
conduct not more than three local elections at all-mail ballot
elections. Specifically, this bill :
1)Allows not more than three elections in Yolo County to be
conducted as all-mailed ballot elections, subject to the
following conditions:
a) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and
notifies the Secretary of State (SOS) of its intent to
conduct an all-mailed ballot election at least 88 days
prior to the date of the election;
b) The election does not occur on the same date as a
statewide primary or general election;
c) The election is not a special election to fill a vacancy
in a state office, the State Legislature, or Congress;
d) At least one polling place is provided in each city
within the jurisdiction and is open to receive voted
ballots for at least two weeks before the date of the
election and until 8 p.m. on the day of the election;
e) The elections official delivers to each voter all
supplies necessary for the use and return of the mail
ballot, including an envelope for the return of the voted
mail ballot, postage prepaid;
f) The elections official delivers to each voter, with
AB 1228
Page 2
either the sample ballot or with the voter's ballot, a list
of the polling places provided under this bill. The list
of polling places must also be posted on the Internet Web
site of the Yolo County Elections Office; and,
g) The return of voted mail ballots is subject to the same
procedures for the return of vote by mail (VBM) ballots at
a regular election.
2)Requires, if Yolo County conducts an all-mailed ballot
election pursuant to the provisions of this bill, that the
county report to the Legislature and to the SOS regarding the
success of the election. Requires the report to include, but
not be limited to, any statistics on the cost to conduct the
election; the turnout of different populations, including
whenever possible, but not limited to, the population
categories of race, ethnicity, age, gender, disability,
permanent VBM status, and political party affiliation; the
number of ballots that were not counted and the reasons why
they were rejected; voter fraud; and any other problems that
became known to the county during the election or canvass.
Requires the report, whenever possible, to compare the success
of the all-mailed ballot election to similar elections not
conducted as all-mailed ballot elections in the same
jurisdiction.
3)Requires the report to be submitted to the Legislature within
6 months after the date of an all-mailed ballot election or
prior to the date of any other all-mailed ballot election
conducted under this bill, whichever is sooner.
4)Contains a December 31, 2016 sunset date.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "Vote by mail has steadily
increased in California since the state began allowing voters to
register as a permanent mail ballot voters without having to
provide a reason for doing so, which has led some local election
officials to promote all vote-by-mail elections. These
legislative efforts have failed primarily out of concern for
those who prefer to vote at the polls - mostly poor non-white
voters. Increasingly, poor non-white voters are
disproportionately represented due to higher voting rates among
AB 1228
Page 3
permanent (formerly known as absentee) mail ballot voters, who
tend to be older, wealthier, and white. While vote by mail
voting affects all elections, it is particularly acute in
traditionally low-turnout elections, such as local elections
without a state or federal contest. It is unclear in these
low-turnout elections whether the potential increase in turnout
from all vote-by-mail elections will offset the potential
decrease in turnout caused by eliminating a preferred voting
method (poll voting) for some voters. . . . AB 1228 establishes
pilot elections allowing Yolo County to conduct up to 3 local
all vote-by-mail elections. These elections will be subject to
prescribed conditions to minimize their impact on voters who
traditionally vote at the polls, including, but not limited to,
requiring all return postage to be pre-paid, a required two week
early voting period, one polling place per city, and a process
to ensure the timely mailing of ballots and sample ballots."
Under state law, any voter can request a VBM ballot for any
election, and any voter can become a permanent VBM voter.
Permanent VBM voters automatically receive a ballot in the mail
for every election, without the need to re-apply for a VBM
ballot. As such, any voter who prefers to vote by mail has the
ability to do so under existing law. Among the arguments that
supporters of all-mailed ballot elections frequently make in
support of such elections is that all-mailed ballot elections
are more convenient for voters. However, it is not clear
whether this is the case. Any voter who finds it more
convenient to vote by mail has the option to do so under
existing law.
Unlike many of the previous bills that would have authorized
all-mailed ballot elections, whether on a permanent or on a
pilot project basis, this bill explicitly requires Yolo County
to report back to the Legislature on the impact that the
all-mailed ballot election had on turnout of voters by permanent
VBM status. As a result, this pilot project may provide the
Legislature with more information about whether all-mailed
ballot elections may, in some circumstances, be more convenient
for voters than traditional elections.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
AB 1228
Page 4
FN: 0000563