BILL ANALYSIS
SB 387
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Date of Hearing: June 23, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 387 (Hancock) - As Amended: March 31, 2009
SENATE VOTE : 25-12
SUBJECT : Ballots: identifying information.
SUMMARY : Provides that a ballot that contains the personal
information of a voter shall be duplicated and counted, instead
of being voided. Specifically, this bill :
1)Prohibits a voter from placing personal information on a
ballot that identifies the voter and provides that a ballot
that contains personal information is not invalid.
2)Deletes the requirement that a ballot that is marked in a
manner as to identify the voter is void, and instead requires
a ballot that contains personal information to be separated
and duplicated in the same manner as defective ballots.
3)Requires that ballot instructions to voters state that marking
the ballot outside of the designated space to voter for a
candidate or measure may compromise the secrecy of the ballot.
4)Defines "personal information" as all of the following:
a) The signature of the voter;
b) The initials, name, or address of the voter;
c) A voter identification number;
d) A social security number; or
e) A driver's license number.
EXISTING LAW :
1)Prohibits a voter from placing any mark upon a ballot that
will make the ballot identifiable. Requires a ballot that is
marked or signed by the voter that can be identified by others
SB 387
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to be rejected.
2)Provides that any ballot that is torn, bent, or mutilated
shall be segregated in the manner directed by the elections
official and a duplicate shall be prepared. Provides that any
ballot marked in a manner as to identify the voter shall be
marked "Void" and placed in a container for void ballots.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1) Purpose of the Bill : According to the author:
Voters should not be disenfranchised for making harmless,
extraneous marks on a paper ballot. Concerns over vote
buying in this fashion are no longer legitimate. Ballots
that contain personal information should also be remade
and not rejected.
Prior to the advent of voting systems that use an
automated tabulation component, paper ballots were
routinely counted by hand. If the elections official who
was hand-counting those ballots was compliant,
vote-buying could occur if a voter made an identifying
mark on his or her ballot. In order to address this
possibility, the law provided that any distinguishing
marks or erasures would render a ballot void. However,
according the Secretary of State, cases of "vote
selling" and individuals marking a ballot to indicate
they've voted a particular way is extremely rare to
nonexistent while many ballots are currently rejected for
extraneous, often inadvertent marks made by a voter.
With the increased use of optically scanned paper ballots
that require the voter to mark the ballot with an
ordinary ink pen, it is common for voters to scribble on
the ballot to ensure that the ink in the pen is flowing
or they simply and innocently doodle on the ballot while
deciding how to vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
SB 387
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Opposition
None of file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094