BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1271|
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THIRD READING
Bill No: AB 1271
Author: Krekorian (D)
Amended: 4/28/09 in Assembly
Vote: 21
SENATE ELECTIONS, REAP. & CONST. AMEND. COMM. : 3-2, 7/7/09
AYES: Hancock, DeSaulnier, Liu
NOES: Walters, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 50-29, 6/1/09 - See last page for vote
SUBJECT : Elections: vote by mail ballots
SOURCE : Secretary of State
DIGEST : This bill allows a vote by mail ballot to be
picked up or dropped off by any authorized representative
of the vote by mail voter, except candidates and campaign
workers.
ANALYSIS : Under existing law, an application for a vote
by mail ballot shall be made by a voter to an elections
official having jurisdiction over the election between the
29th and 7th days prior to the election. Existing law
permits an elections official to deliver a vote by mail
ballot to the voter, the voter's spouse, child, parent,
grandparent, grandchild, sibling, or other person residing
in the same household as the voter, so long as the
CONTINUED
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individual to whom the ballot is delivered signs a
statement under penalty of perjury that contains the name
of the voter and affirms that the person receiving the
ballot is 16 years of age or older and is authorized to
deliver the vote by mail ballot. Existing law permits a
voter who is unable to return his/her vote by mail ballot
due to illness or other physical disability to designate
his/her spouse, child, parent, grandparent, grandchild,
sibling, or other person residing in the same household as
the voter to return the vote by mail ballot. Except in the
case of a candidate or the spouse of a candidate, existing
law prohibits a person returning another voter's vote by
mail ballot from being a paid or volunteer worker of a
general purpose committee, controlled committee,
independent expenditure committee, political party,
candidate's campaign committee, or any other group or
organization at whose behest the individual designated to
return the ballot is performing a service.
This bill:
1. Clarifies that an application for a vote by mail ballot
must be received by the elections official by the
seventh day prior to an election.
2. Allows a vote by mail voter to designate in writing an
authorized person who is 16 years of age or older to
deliver or receive a vote by mail ballot on his/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 vote by
mail 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
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performing a service. Excludes the vote by mail ballot
of a candidate and his/her spouse from this prohibition.
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 [vote by mail] 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 vote by mail voter, generally restricting
such activities to immediate family members or people
living in the same household as the vote by mail voter.
Additionally, existing law requires a vote by mail voter to
return his/her own ballot, unless he/she is ill or
physically disabled. This bill allows a voter to authorize
almost any person to pick up or drop-off a ballot for
him/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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/09)
Secretary of State (source)
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California Association of Clerks and Election Officials
California Public Interest Research Group
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,
Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Jeffries, Knight, Logue, Miller, Nestande,
Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Block
DLW:mw 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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