BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2154
                                                                  Page  1

          Date of Hearing:  April 6, 2010

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                   AB 2154 (Solorio) - As Amended:  March 24, 2010
           
          SUBJECT  :  Vote by mail ballots: telephone applications.

           SUMMARY  :  Permits a local elections official to allow voters to  
          apply for vote by mail (VBM) ballots by telephone. Specifically,  
           this bill allows a local elections official to offer voters the  
          ability to apply for a VBM ballot by telephone subject to the  
          following conditions:

          1)The applicant must provide to the elections official personal  
            identifying information that matches the information contained  
            on the applicant's affidavit of registration, including first  
            and last name, home address, and date of birth.  The  
            applicant's signature is not required for applications  
            received by telephone.  

          2)Except as otherwise provided, all provisions governing written  
            applications for VBM ballots apply to applications for VBM  
            ballots made by telephone.

           EXISTING LAW  provides that an application for a VBM voter's  
          ballot shall be made in writing to the elections official having  
          jurisdiction over the election between the 29th and the 7th day  
          prior to the election.  The application shall be signed by the  
          applicant and show his or her place of residence.  

           FISCAL EFFECT  :   Keyed non-fiscal by the Legislative Counsel.

           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author, "An increase in  
            the vote-by-mail option has been welcomed and encouraged by  
            county elections officials.  Counties are saving money by  
            reducing election-day staff costs, minimizing the logistical  
            problems of equipment shortages and failure, shortening long  
            lines and eliminating the consequences of poorly trained poll  
            workers."

           2)Argument in Support  :  In support of this bill, the Orange  
            County Board of Supervisors writes:








                                                                  AB 2154
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                This will provide a convenient, fast, and affordable way  
               for voters to submit request[s] for an absentee ballot.   
               Every election large numbers of voters call elections  
               departments to request a vote by mail ballot over the  
               phone, only to be told they must fill out an application  
               online or pick up a form from the election official's  
               office and then return it.  Authorizing election officials  
               to accept requests for an absentee ballot over the phone  
               will provide a much needed convenience to voters.

            The California Association of Clerks and Election Officials,  
            which took a support position on a prior version of this bill,  
            writes: 
             
                This proposal will expedite the vote by mail process,  
               provide a convenience to voters and eliminate unnecessary  
               paperwork.  The current process was established long before  
               computer systems were introduced to manage the issuance and  
               verification of vote by mail ballots.  Signatures on  
               returned voted vote by mail ballots are compared to those  
               on the voters' registration records and automated systems  
               in use by elections officials today have built-in  
               safeguards to ensure that only one ballot may be counted  
               for any vote by mail voter. 

           3)Electronic Application for VBM Ballots  :  AB 2277 (Keeley),  
            Chapter 753, Statutes of 2002, requires the Secretary of State  
            to provide local election officials with a uniform electronic  
            application format for VBM ballots and gives local elections  
            officials the option of allowing voters to apply for VBM  
            ballots electronically.

           4)Previous Legislation  : AB 84 (Hill) of 2009, would have  
            required elections officials to establish procedures to allow  
            a VBM voter to find out whether his or her VBM ballot was  
            counted, and if not the reason why it was not counted. AB 84  
            was vetoed by the Governor who expressed concern that it could  
            result in additional costs to local governments. AB 2964  
            (Levine) of 2008, which was substantially similar to AB 84 was  
            also vetoed by the Governor, though the Governor did not  
            express any policy objections to the bill.  

            SB 1725 (Bowen), Chapter 687, Statutes of 2006, requires  
            elections officials to establish procedures by March 1, 2008,  








                                                                  AB 2154
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            to track and confirm the receipt of voted VBM ballots and to  
            make this information available by online access using the  
            county's elections division website, or if none is available,  
            by means of a toll-free telephone number. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Clerks and Election Officials (as  
          introduced)
          Orange County Board of Supervisors

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Lori Barber / E. & R. / (916) 319-2094