BILL ANALYSIS
SB 817
Page 1
SENATE THIRD READING
SB 817 (Elections, Reapportionment and Constitutional Amendments
Committee)
As Amended June 30, 2009
Majority vote
SENATE VOTE :39-0
ELECTIONS 7-0
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|Ayes:|Fong, Niello, Bill | | |
| |Berryhill, Coto, Mendoza, | | |
| |Saldana, Swanson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Changes the terminology used to refer to a voter who
is a member of the Armed Forces or the spouse or dependent of a
member of the Armed Forces, a United States citizen temporarily
residing outside the country, or a person who is serving on a
merchant vessel under the laws of the United States, from a
"special absentee voter" to a "special vote by mail (VBM)
voter."
EXISTING LAW :
1)Defines "special absentee voter" as an elector who is any of
the following:
a) A member of the armed forces of the United States or any
auxiliary branch thereof;
b) A citizen of the United States temporarily living
outside the territorial limits of the United States or the
District of Columbia;
c) Serving on a merchant vessel documented under the laws
of the United States; or,
d) A spouse or dependent of a member of the armed forces or
any auxiliary branch thereof.
2)Provides that an application for a VBM ballot by a special
SB 817
Page 2
absentee voter or by an overseas voter shall be deemed an
affidavit of registration and an application for permanent VBM
voter status. Provides that such an application shall be
accepted only if it contains the voter's name, residence
address for voting purposes, the address to which the ballot
is to be sent, the voter's political party for a primary
election and the voter's signature.
3)Requires the county elections official to mail a ballot to all
special absentee voters and overseas voters who are permanent
VBM voters as soon as possible on or after the 60th day prior
to an election.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, this omnibus bill simply
changes the term "special absentee voters" to "special vote by
mail voters" to make the Elections Code consistent.
Three years ago, the Legislature approved and the Governor
signed AB 1243 (Karnette), Chapter 508, Statutes of 2007. Among
other provisions, AB 1243 changed the name of "absentee" voting
to VBM voting, in an attempt to clarify that a voter does not
need to be absent from his or her precinct on election day in
order to choose to vote by mail.
Because "special absentee voters" do not need to be absent from
the precinct on election day in order to take advantage of some
of the rights granted to those voters under state and federal
law, changing the terminology used to refer to those voters to
special VBM voters would be consistent with the actions taken by
the Legislature and the Governor in enacting AB 1243.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005372