BILL ANALYSIS
AB 2369
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2369 (Block) - As Introduced: February 19, 2010
SUBJECT : Elections: ballots.
SUMMARY : Repeals the sunset date on a provision of law that
allows ballots from overseas voters to be returned by fax.
Specifically, this bill repeals the sunset on a provision of law
that permits a special absentee voter who is temporarily living
outside the United States (U.S.) to return his or her ballot by
facsimile transmission to the elections official.
EXISTING LAW
1)Defines a "special absentee voter" as an elector who is any of
the following:
a) A member of the Armed Forces of the U.S. or any
auxiliary branch thereof;
b) A citizen of the U.S. temporarily living outside of the
territorial limits of the U.S. or the District of Columbia;
c) Serving on a merchant vessel documented under the laws
of the U.S.; or,
d) A spouse or dependent of a member of the Armed Forces or
any auxiliary branch thereof.
2)Permits a special absentee voter who is temporarily living
outside the territorial limits of the U.S. or the District of
Columbia to return his or her ballot by facsimile transmission
at any election until January 1, 2011. Provides that a ballot
returned by facsimile transmission must be received by the
elections official no later than the closing of the polls on
election day.
3)Requires any ballot returned by facsimile transmission to
contain an "identification envelope" containing all the
information required on the vote by mail identification
envelope. Requires any ballot returned by facsimile
transmission to contain an oath of voter declaration that
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requires the voter to waive his or her right to have his or
her ballot kept secret.
4)Requires the county elections official to adopt appropriate
procedures to protect the secrecy of ballots returned by
facsimile transmission.
5)Required the Secretary of State (SOS) to report by December
31, 2008, on the number of ballots returned by fax pursuant to
state law and on any benefits and problems derived from
allowing ballots to be returned by fax.
FISCAL EFFECT : Unknown. State-mandated local program; contains
a crimes and infractions disclaimer; contains reimbursement
direction.
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COMMENTS :
1)Purpose of the Bill : According to the author:
Established by AB 2941(Bates) in 2004 and extended by AB
2786 (Salas) in 2008, current law allows a voter who is
temporarily living outside of the territorial limits of the
United States, the District of Columbia, or is called to
military service, to return his or her vote by mail ballot
by facsimile transmission to the elections official. The
ballot has to be received by the close of the election day
polls and accompanied by an identification envelope and an
oath of voter declaration in a prescribed form.
The statutes that protect the voting rights of men and
women in uniform serving outside the United States will
expire in 2011. Faxed voting ballots are a proven and
effective means of voting by service members and others
living temporarily overseas (In the 2008 General Election
over 8,000 members of the Armed Services cast their votes
with a faxed ballot). AB 2369 will ensure that a permanent
protection for service members' voting rights is
established.
2)Secretary of State's Report on Military and Overseas Faxed
Ballots : In 2004, the Legislature approved and the Governor
signed AB 2941 (Bates), Chapter 821, Statutes of 2004, which
permits a special absentee voter who is temporarily living
outside the U.S. to return his or her ballot by facsimile
transmission. AB 2941 required the SOS to report by December
31, 2008 on the benefits and problems of allowing voters to
return ballots by fax and on the number of ballots returned by
fax pursuant to AB 2941. The SOS writes in their report:
The Secretary of State surveyed elections officials in each
of California's 58 counties in December 2008 regarding the
number of voted ballots returned by facsimile transmission
in the categories of military voters (domestic and
overseas) and non-military overseas voters for the November
4, 2008, General Election. This breakdown was patterned
after the categories requested by the federal Election
Assistance Commission in the Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA) portion of its 2008
Election Day Survey for consistency and ease of completion.
It should be noted that seven counties did not
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differentiate military from non-military overseas voters.
The Secretary of State survey also asked each county to
provide the number of facsimile ballots counted and the
number rejected or not counted. Finally, the survey
solicited comments and recommendations regarding any
benefits or problems counties experienced with the receipt
of facsimile ballots.
None of the counties recommended discontinuing the practice
of accepting facsimile special absentee ballots. County
elections officials believe that military and overseas
voters should continue to be allowed to send their
completed ballots in by facsimile, especially because these
votes may be disadvantaged by having to rely on traditional
means to return ballots before the polls close on Election
Day.
During the November 4, 2008, General Election, county
officials were able to resolve most problems, such as the
failure to return the signed oath of voter with the faxed
ballot, by contacting the voter and obtaining all required
forms.
According to the 58 counties that responded to the survey,
11,997 ballots were returned by fax for the November 4,
2008, General Election. Of those, 875 faxed ballots were
rejected and were not counted. The most common reasons for
rejection were the failure on the part of the voter to
forward or sign the oath of voter and poor facsimile
quality.
Sixteen counties reported having received incomplete or
illegible ballot packages, i.e., the oath of voter was not
faxed with the ballot, there were missing pages, or
portions of the ballot did not come through clearly. In
most cases, county elections officials were able to contact
the voter to correct the deficiency by sending them
additional documents.
Ten counties experienced a substantial increase in the
number of special absentee voters and two of those counties
reported that additional processing time was necessary for
duplicating ballots due the quality of the facsimile
transmissions. However, only one of the 58 counties, Santa
Clara County indicated the process actually delayed the
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counting of the ballots because every faxed ballot required
duplication.
Notably, the three counties that experienced the highest
volume of facsimile ballots (Los Angeles, Orange, and San
Diego counties) each expressed support for continuing the
program. Many military members were reportedly grateful
that this method of voting was available and expressed
their appreciation to county election officials.
3)Argument in Support : In support of this bill, the California
Association of Clerks and Election Officials writes:
This bill removes the sunset clauses associated with the
provisions allowing ballots to be transmitted by fax to and
from those voters who are temporarily living outside the
United States or those who have been called to military
service. These provisions, which are set to sunset on
January 1, 2011, have enfranchised many voters who would
not have been able to participate otherwise due to the time
necessary for mail delivery in many of these locations.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094