BILL ANALYSIS
SB 387
Page 1
SENATE THIRD READING
SB 387 (Hancock)
As Amended March 31, 2009
Majority vote
SENATE VOTE :25-12
ELECTIONS 5-2 APPROPRIATIONS 11-4
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|Ayes:|Fong, Coto, Mendoza, |Ayes:|De Leon, Ammiano, Coto, |
| |Saldana, Swanson | |Davis, Fuentes, Hall, |
| | | |Harkey, John A. Perez, |
| | | |Skinner, Solorio, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Niello, Bill Berryhill |Nays:|Nielsen, Duvall, Miller, |
| | | |Audra Strickland |
| | | | |
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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;
SB 387
Page 2
c) A voter identification number;
d) A social security number; or,
e) A driver's license number.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor state reimbursable costs for county elections
officials to modify voter instructions, and to duplicate and
tabulate, rather than void, ballots inappropriately marked with
personal information.
COMMENTS : 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."
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0001726