BILL ANALYSIS
AB 1799
Page 1
ASSEMBLY THIRD READING
AB 1799 (Fong)
As Amended March 23, 2010
Majority vote
ELECTIONS 5-2
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|Ayes:|Fong, Coto, Mendoza, Saldana, | | |
| |Swanson | | |
| | | | |
|-----+------------------------------+-+--------------------------|
|Nays:|Adams, Bill Berryhill | | |
| | | | |
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SUMMARY : Removes a requirement that a vote by mail (VBM) voter
who requests a replacement ballot must provide a statement under
penalty of perjury that he or she has failed to receive, lost, or
destroyed the original ballot in order to receive a replacement
ballot. Requires the elections official to verify that a
replacement ballot will not be counted if a voted original ballot
is received. Specifically, this bill :
1)Requires the elections official to keep a record of each VBM
ballot sent to and received from a voter, and verify, prior to
counting any replacement ballot, that the voter has not already
cast a ballot in the same election.
2)Provides that if an original VBM ballot is received from a voter
who has requested a replacement vote by mail ballot, that
original ballot shall be held until such time as it can be
determined that the voter does not intend to return the
replacement ballot, after which time it can be processed and
tallied.
EXISTING LAW :
1)Provides that the elections official shall send a second VBM
ballot to any voter upon receipt of a statement under penalty of
perjury that the voter has failed to receive, lost, or destroyed
his or her original ballot.
2)Requires the elections official to keep a record of each VBM
ballot sent to and received from a voter and to verify, prior to
AB 1799
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counting any duplicate ballot, that the voter has not attempted
to vote twice. If it is determined that a voter has attempted to
vote twice, both ballots shall be void.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "The percentage of voters who
vote by mail has increased with every election and shows no signs
of abating. For instance, in California in the 1998 general
election, 24 percent of the votes were cast with a vote by mail
ballot and in the 2008 general election, 41 percent of votes casts
were by vote by mail ballots. Due to the increasing number of VBM
ballots, it is not practical, nor is there sufficient time to
require a voter to complete a written statement under penalty of
perjury prior to issuing a replacement ballot. AB 1799 will make
it easier for voters to request replacement ballots when they have
not received or have lost their original ballot as well as save
election officials the cost of processing written request for
second ballots. According to the Sacramento County Registrar of
Voters, in the November 2008 General Election, it cost the county
approximately $30,000 to re-issue 4,042 ballots."
Analysis Prepared by : Qiana Charles / E. & R. / (916) 319-2094
FN: 0004149