BILL ANALYSIS
AB 1228
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1228 (Yamada)
As Amended August 25, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |48-27|(May 18, 2009) |SENATE: |21-17|(September 1, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: E. & R.
SUMMARY : Creates a pilot program allowing Santa Clara and Yolo
Counties to conduct not more than three local elections at
all-mail ballot elections. Specifically, this bill :
1)Allows not more than three elections in Santa Clara and Yolo
Counties to be conducted as all-mailed ballot elections on no
more than three dates in each county, 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 or any other election
conducted in an overlapping jurisdiction that is not
consolidated and conducted as an all-mailed ballot
election, and is not a special election to fill a vacancy
in a state office, the State Legislature, or Congress;
c) 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;
d) 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;
e) 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,
f) 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 Santa Clara or 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
six 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.
The Senate amendments add Santa Clara County to the pilot
project and require that any polling place established as part
of the pilot project be at an accessible location and equipped
with voting units or systems that are accessible to individuals
with disabilities and that provide the same opportunity for
access and participation, including the ability to vote
privately and independently.
AS PASSED BY THE ASSEMBLY , this bill was similar to the version
approved by the Senate.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
AB 1228
Page 3
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 . . . 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. This bill explicitly
requires Santa Clara and Yolo Counties to report back to the
Legislature on the impact that all-mailed ballot elections 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
FN: 0002461