BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2369 (Block)
Hearing Date: 08/02/2010 Amended: As Introduced
Consultant: Maureen Ortiz Policy Vote: ER&CA 4-0
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BILL SUMMARY: AB 2369 eliminates a sunset on a provision of
law that authorizes a special absentee voter to transmit his or
her ballot via facsimile transmission to the county elections
official.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Admin expenses ------------unknown, not
significant--------- General*
*Reimbursable local mandate
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STAFF COMMENTS:
Since the authorization to allow special absentee voters to fax
their ballots to their county elections officials began in 2005,
counties have not expressed any significant fiscal impact for
processing these ballots, and are in support of this measure.
Current law allows a voter who is temporarily living outside the
United States or is called to military service to return his or
her vote by mail ballot by fax. The ballot must be received by
the county elections official by the close of polls on elections
day and must be accompanied by both an identification envelope
and an oath of voter declaration. This authorization was first
established pursuant to AB 2941 (Bates, Chapter 821, Statutes of
2004), was extended by AB 2786 (Salas, Chapter 252 of 2008) and
is currently scheduled to sunset on January 1, 2011.
The original legislation required the Secretary of State (SOS)
to report by December 31, 2008 on the benefits and problems of
allowing voters to return ballots by fax. The SOS reported that
11,997 ballots were returned by fax for the November 2008
General Election, and of those, 875 were rejected and not
counted. The most common reasons for rejection included the
voters' failure to forward or sign the oath, and poor facsimile
quality.
In order for a faxed ballot to be counted, the voter must sign
an oath declaring under penalty of perjury that the information
they have provided in the fax is true and correct, waiving their
right to have the ballot kept secret, and proclaiming that they
have not voted more than once. Upon receipt of the ballot by
the elections official, the signature on the ballot is compared
to the signature on the voter's affidavit of registration to
verify the voter's eligibility to vote.