BILL ANALYSIS
AB 1681
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CONCURRENCE IN SENATE AMENDMENTS
AB 1681 (Yamada)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: |49-25|(April 5, 2010) |SENATE: |21-16|(August 30, |
| | | | | |2010) |
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Original Committee Reference: E. & R.
SUMMARY : Creates a pilot program allowing Yolo County to
conduct not more than three local elections as all-mailed ballot
elections. Specifically, this bill :
1)Allows elections in Yolo County to be conducted as all-mailed
ballot elections on no more than three dates, 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 per 10,000
registered voters and is open to receive voted ballots for
at least four 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 a postage-prepaid envelope to return the
voted ballot;
e) The elections official delivers to each voter, with
either the sample ballot or the ballot, a list of the
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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 ballots is subject to the same
procedures for the return of vote by mail (VBM) ballots at
a regular election.
2)Requires, if 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 or comparable jurisdictions.
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, 2014 sunset date.
The Senate amendments :
1)Require a polling place to be provided for each 10,000 voters,
instead of a polling place for each city within the
jurisdiction, and require such polling places to be open for
four weeks before the election, instead of two weeks.
2)Change the sunset date from December 31, 2016 to December 31,
2014.
AS PASSED BY THE ASSEMBLY , this bill was substantially to the
version approved by the Senate.
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FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "The popularity of voting by
mail in local and State elections has steadily increased in
California since the state began permitting voters to register
as permanent mail ballot voters. . . Many voters prefer the
convenience of voting by mail, which traditionally costs County
Registrars less per vote than poll voting. Research indicates
that all-mail ballot elections tend to increase turnout,
decrease costs and do not result in voter fraud, yet we have no
detailed reports to evaluate these specific claims. . . . By
sending ballots directly to the voter, this legislation should
increase the participation by those that are less mobile - often
poor, disabled or elderly voters who may have difficulty getting
to a polling location. The study required in this bill will
help determine whether vote-by-mail elections will make voting
more accessible to those with less mobility or who have fewer
transportation options."
This bill is similar to AB 1228 (Yamada) of 2009, except that AB
1228 would have allowed both Yolo and Santa Clara Counties to
participate in the all-mail ballot pilot project. AB 1228 was
vetoed by the Governor, who expressed concern that the bill
could "significantly increase the distance needed to travel to
vote in-person."
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 Yolo County 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: 0006529
AB 1681
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