BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 2154 HEARING DATE:
6/15/10
AUTHOR: SOLORIO ANALYSIS BY:
Darren Chesin
AMENDED: 3/24/10
FISCAL: NO
SUBJECT
Vote by mail ballots: telephone applications.
DESCRIPTION
Existing law provides that an application for a vote by
mail (VBM) ballot must 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
must be signed by the applicant and show his or her place
of residence.
Existing law also permits local elections officials to
offer voters the ability to electronically apply for a VBM
ballot using a the uniform electronic
application provided by the Secretary of State (SOS).
This bill permits a local elections official to allow
voters to apply for VBM ballots by telephone. Specifically,
this bill allows local elections officials to offer voters
the ability to apply for a VBM ballot by telephone subject
to the following conditions:
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.
Except as otherwise provided, all provisions governing
written applications for VBM ballots apply to
applications for VBM ballots made by telephone.
BACKGROUND
VBM Popularity . The number of voters choosing to vote
using a VBM ballot has increased significantly,
particularly since the enactment of AB 1520 (Shelley),
Chapter 922, Statutes of 2001, which allowed any voter to
become a permanent VBM voter. Whereas just over 25% of
voters who participated in the 1998 statewide primary
election voted by VBM ballot, more than 41% of voters who
participated in the last five statewide elections voted by
mail. These trends suggest that the number of voters
opting to vote by VBM ballot will continue to increase.
COMMENTS
1.According to the author , existing California law requires
that an application to request a VBM ballot must be made
in writing to the elections official having jurisdiction
over the election. The applicant must sign the
application and show his or her place of residence, or
apply online. Every election, large numbers of voters
call county elections departments to request a VBM ballot
over the telephone 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 to the elections
department.
2.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, required elections officials to
establish procedures by March 1, 2008, 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.
AB 2154 (SOLORIO) Page
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PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-2
Assembly Floor: 49-19
POSITIONS
Sponsor: Orange County Board of Supervisors
Support: California Association of Clerks and Election
Officials
City of West Hollywood
Oppose: None received
AB 2154 (SOLORIO) Page
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