BILL ANALYSIS
AB 1271
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1271 (Krekorian) - As Introduced: February 27, 2009
SUBJECT : Elections: vote by mail ballots.
SUMMARY : Allows a vote by mail (VBM) ballot to be picked up or
dropped off by any authorized representative of the VBM voter,
except candidates and campaign workers. Specifically, this bill :
1)Clarifies that an application for a VBM ballot must be
received by the elections official by 7th day prior to an
election.
2)Allows a VBM voter to designate in writing an authorized
person who is 16 years of age or older to deliver or receive a
VBM ballot on his or her behalf.
3)Defines an "authorized representative" as a person who is
designated in writing by a voter to the elections official to
receive, return for the purposes of this bill, or both receive
and return, the voter's VBM ballot.
4)Prohibits an authorized representative from being a candidate
or the spouse of a candidate, or a paid or volunteer worker of
a general purpose committee, controlled committee, independent
expenditure committee, political party, campaign committee of
a candidate, or any other group or organization at whose
behest the individual designated to receive the ballot, return
the ballot, or both receive and return the ballot, is
performing a service. Excludes the VBM ballot of a candidate
and his or her spouse from this prohibition.
EXISTING LAW :
1)Requires that an application for a VBM voter's ballot be made
in writing to the elections officials having jurisdiction over
the election between the 29th and the 7th day prior to the
election.
2)Authorizes a VBM voter to deliver by mail or in person his or
her VBM ballot. Allows the elections official to issue the
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ballot to the applicant or his or her spouse, child, parent,
grandparent, grandchild, sibling, or a person residing in the
same household, provided that the individual to whom the
ballot is being issued is 16 years of age or older and is
authorized by the VBM voter to receive the ballot.
3)Provides that if a VBM voter is unable to return his or her
VBM ballot due to illness or physical disability, that voter
may designate his or her spouse, child, parent, grandparent,
grandchild, brother, sister, or a person residing in the same
household as the VBM voter, to return the VBM ballot.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
The right to vote is sacrosanct. A complex structure of
laws, regulations and protections exist to ensure that
voters are easily and safely able to cast their ballots for
or against the candidates and ballot measures of their
choosing. California's provisions of law allowing for
vote-by-mail balloting provide a convenient means for
voters to participate in the democratic process and a vital
means for those who are unable to make it to the polls on
election day, to vote.
This bill will allow the voter requesting a VBM ballot to
designate an "authorized representative" over age 16 to
receive that voter's ballot or deliver it to an elections
official on their behalf. This will allow voters with
limited ability that must rely on part-time caretakers or
trusted friends full and complete access to vote-by-mail
balloting.
2)Author's Amendments : According to the author there are two
drafting errors that need to be corrected. On page 3, line 10
after the word "mail" insert "ballot". Additionally, on page
4, line 18 delete "because of" and on page 4, line 19 delete
"illness or other physical disability.
3)Restrictions on Delivery of Vote by Mail Ballots : Existing
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law limits the people who may pick up or drop off a ballot for
a VBM voter, generally restricting such activities to
immediate family members or people living in the same
household as the VBM voter. Additionally, existing law
requires a VBM voter to return his or her own ballot, unless
he or she is ill or physically disabled. This bill would
allow a voter to authorize almost any person to pick up or
drop-off a ballot for him or her, provided that such
authorization is in writing. By expanding the list of
individuals who may be authorized to drop off and pick up
ballots, this bill should give voters more options in
obtaining and returning ballots, while simplifying enforcement
of the law for elections officials.
4)Arguments in Support : According to the bill's sponsor,
Secretary of State Debra Bowen:
Since 1995, voting by mail has become extremely popular as
a convenient method of voting. In the November 2008
general election, more than 41% of voters (5,722,465) chose
to mail in their ballots rather than voting at a polling
place on Election Day. Existing law allows a voter's
authorized representative to pick up and drop off a VBM
ballot for a voter any time after the VBM application
deadline has passed (between 0 and 7 days before the
election). However, if a request is made prior to the VBM
application deadline (more than 7 days before the
election), existing law only permits a relative or someone
living at the same address of the voter to pick up or
return the VBM ballot.
By allowing an "authorized representative" to pick up
and/or drop off a VBM ballot regardless of if the request
is before or after the VBM application deadline, AB 1271
will remove barriers to participation while maintaining
existing safeguards against voter fraud. It will also
maintain the prohibition in existing law that precludes
campaign workers from picking up or returning a voter's
vote-by-mail ballot.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1271
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Secretary of State Debra Bowen (sponsor)
California Public Interest Research Group
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094