BILL ANALYSIS �
AB 562
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CONCURRENCE IN SENATE AMENDMENTS
AB 562 (Fong)
As Amended August 29, 2012
2/3 vote. Urgency
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|ASSEMBLY: | |(May 23, 2011) |SENATE: |28-9 |(August 31, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: G. O.
SUMMARY : Allows vote by mail (VBM) ballots to be counted if
they are cast by election day and received by the elections
official no later than three days after the election.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Make various findings and declarations about recent and
forthcoming closures of United States Postal Service (USPS)
facilities, and the impact that those closures may have on the
delivery of VBM ballots.
2)Provide that a VBM ballot is timely cast if is received by the
voter's elections official no later than three days after
election day and either of the following is satisfied:
a) The ballot is postmarked on or before election day; or,
b) If the ballot has no postmark, a postmark with no date,
or an illegible postmark, the VBM ballot identification
envelope is signed and dated on or before election day.
3)Allow counties to continue to use envelopes and other official
election materials that do not take into account the
provisions of this bill until the supply of those materials is
exhausted.
4)Extend the deadline, from 28 days after the election to 31
days after the election, for elections officials to prepare a
certified statement of the results of an election.
5)Add an urgency clause, allowing this bill to take effect
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immediately upon enactment.
EXISTING LAW :
1)Provides that a VBM ballot must be received by the elections
official from whom it was obtained, or by a precinct board in
that jurisdiction, no later than the close of polls on
election day in order for that ballot to be counted.
2)Requires a VBM ballot identification envelope to include
specified information, including all of the following:
a) A declaration, under penalty of perjury, stating that
the voter resides within the precinct in which he or she is
voting and is the person whose name appears on the
envelope;
b) The signature of the voter; and,
c) The date of signing.
3)Requires the elections official to prepare a certified
statement of the results of an election and to submit that
statement to the governing body within 28 days of the
election.
AS PASSED BY THE ASSEMBLY , this bill added the Wood Memorial to
the group of specific stake races which are exempt from the
32-race per day limit on imported races, as defined.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS : Earlier this year, the Assembly Elections and
Redistricting Committee and the Senate Elections and
Constitutional Amendments Committee held a joint oversight
hearing to discuss recent and forthcoming USPS facility closures
and the impact on voters and the upcoming presidential
elections. During the hearing, state and county elections
officials testified about the impact that recent post office and
processing facility closures had on their jurisdictions and on
local elections, as well as the anticipated challenges with more
closures expected.
One of the most significant impacts those closures have had on
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the election process is that there have been significant delays
in mail delivery in some circumstances. Elections officials
from counties that were previously served by closed facilities
have indicated that some first class mail took five to seven
days to arrive after closures of USPS facilities, compared to
the usual delivery time of one to three days.
Existing law requires a voted VBM ballot to be received by
either the elections official who issued the ballot or a polling
place in the county before the closing of the polls on election
day. Due to the USPS facility closures, however, voters who
mail their ballots within a reasonable timeframe could, through
no fault of their own, find themselves disenfranchised due to
delays in mail delivery.
Six USPS mail processing facilities in California already have
been closed since the last statewide general election, and two
more are scheduled to be closed before this year's presidential
general election.
This bill seeks to mitigate the negative impacts of USPS
facility closures and to protect voters' right to vote by
allowing ballots that are postmarked or signed and dated by
election day to be counted, as long as those ballots are
received by the elections official by the third day after the
election.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate, is inconsistent with Assembly
actions.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005835