BILL ANALYSIS �
AB 562
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 562 (Fong)
As Amended August 29, 2012
2/3 vote. Urgency
----------------------------------------------------------------------
|ASSEMBLY: | |(May 23, 2011) |SENATE: |28-9 |(August 31, 2012) |
----------------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |5-2 |(August 31, 2012) |RECOMMENDATION: |concur |
| | | | | |
------------------------------------------------------------------------
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 it 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
AB 562
Page 2
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
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 : According to the author, "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
AB 562
Page 3
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 the
election process is that there have been significant delays in mail
delivery. 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. As a
result, this bill was re-referred to the Assembly Elections and
Redistricting Committee pursuant to Assembly Rule 77.2, and the
committee subsequently recommended that the Assembly concur in the
Senate amendments to this bill.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN:
0005899
AB 562
Page 4