BILL ANALYSIS
SB 740
Page 1
Date of Hearing: June 23, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 740 (Cedillo) - As Introduced: February 27, 2009
SENATE VOTE : 37-0
SUBJECT : Elections: provisional ballots.
SUMMARY : Requires elections officials to reject a voted
provisional ballot if the provisional ballot envelope is not
signed by the voter and requires elections officials to retain
provisional ballots and provisional ballot envelopes with other
election materials. Specifically, this bill :
1) Requires elections officials to reject a provisional ballot
if the provisional ballot envelope is missing the voter's
signature.
2) Requires elections officials to retain voted provisional
ballots and their envelopes for 22 months from the date of
federal elections and six months for non-federal elections.
EXISTING LAW
1) Establishes procedures for a voter claiming to be properly
registered but whose qualification or entitlement to vote
cannot be immediately established upon examination of the
index of registration for the precinct or upon examination of
the records on file with the county elections official, to
vote a provisional ballot.
2) Requires elections officials to retain specified elections
materials for a period of 22 months for federal elections and
six months for non-federal elections. Materials required to
be retained for these period include, but are not limited to:
a) Voted polling place ballots;
b) Paper record copies of voted polling place ballots
cast electronically;
c) Voted vote-by-mail ballots;
SB 740
Page 2
d) Vote-by-mail ballot envelopes;
e) Spoiled and cancelled ballots; and,
f) Unused vote-by-mail ballots surrendered by the voter.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
SB 740
Page 3
COMMENTS :
1) Purpose of the Bill : According to the author:
This bill adds voted provisional ballots and provisional
ballot voter identification envelopes to the list of items
that must be kept by the elections official for 22 months.
While this is current practice in most county elections, it
is important to clarify it in state law. SB 740 also
clarifies that if a provisional ballot envelope isn't
signed, elections officials must reject the ballot. This
bill works to improve integrity in our election procedures.
2) Argument in Support : Secretary of State Debra Bowen writes:
California law requires elections officials to keep voted
polling place ballots, paper copies of voted polling place
ballots, vote vote-by-mail voter ballots, vote-by-mail
voter identification envelopes, spoiled ballots, cancelled
ballots, unused vote-by-mail ballots and ballot receipts
for 22 months from the date of an election.
SB 740 ensures that provisional ballots and provisional
ballot envelopes are kept for 22 months like other voted
ballots. While this is the current practice of most, if
not all, county elections officials, it is important that
this be clarified in state law. SB 740 also clarifies that
if a provisional ballot envelope isn't signed by the voter,
elections officials must reject the ballot.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
American Federation of State, County and Municipal Employees,
AFL-CIO
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094