BILL ANALYSIS
AB 1228
Page 1
GOVERNOR'S VETO
AB 1228 (Yamada)
As Amended August 25, 2009
2/3 vote
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|ASSEMBLY: |48-27|(May 18, 2009) |SENATE: |21-17|(September 1, |
| | | | | |2009) |
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|ASSEMBLY: |50-28|(September 8, | | | |
| | |2009) | | | |
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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
AB 1228
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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 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 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.
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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
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.
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."
GOVERNOR'S VETO MESSAGE :
"This bill would allow the Counties of Santa Clara and Yolo to conduct
all-mail ballot elections under specified conditions.
"Many Californians choose to [VBM] and have the option of becoming
permanent VBM voters if that is their preference. On the other hand,
many prefer voting in person at their local polling place. Under the
provisions of this bill, one polling place would be open per city.
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This limit would significantly increase the distance needed to travel
to vote in-person. This burden would fall disproportionately on those
who are less mobile, frequently the poor, disabled and elderly. I
cannot support a measure that would make it more difficult for these
individuals to exercise their right to vote."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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