BILL ANALYSIS
AB 1271
Page 1
ASSEMBLY THIRD READING
AB 1271 (Krekorian)
As Amended April 28, 2009
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 10-5
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|Ayes:|Fong, Coto, Mendoza, |Ayes:|De Leon, Ammiano, Davis, |
| |Saldana, Swanson | |Krekorian, Hall, John A. |
| | | |Perez, Price, Skinner, |
| | | |Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Adams, Bill Berryhill |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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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 the 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
AB 1271
Page 2
performing a service. Excludes the VBM ballot of a candidate
and his or her spouse from this prohibition.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor reimbursable costs.
COMMENTS : 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."
Existing 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.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0000705