BILL ANALYSIS �
AB 1805
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 1805 (Huffman) - As Amended: April 18, 2012
SUBJECT : Military or overseas voters
SUMMARY : Establishes new voting procedures for military and
overseas voters, as defined, to comply with the federal
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C
Sec. 1973ff et seq.) and implement the policies of that act and
the Uniform Military and Overseas Voters Act (UMOVA) adopted by
the National Conference of Commissioners on Uniform State laws.
Specifically, this bill :
1)Eliminates the term "special absentee voter" and replaces it
with "military or overseas voter."
2)Defines a "military and overseas voter" as an elector who is
any of the following:
a) A member of the active or reserve components of the
United States (US) Army, Navy, Air Force, Marine Corps, or
Coast Guard; a Merchant Marine; a member of the US Public
Health Service Commissioned Corps; a member of the National
Oceanic and Atmospheric Administration Commissioned Corps
of the US; a member on activated status of the National
Guard or state militia; or a spouse or dependent of a
member of any of these organizations; or,
b) A citizen of the US living outside of the territorial
limits of the US or the District of Columbia.
3)Expands the definition of "elector" to include any citizen of
the US living outside the territorial limits of the US or the
District of Columbia, who, except for the requirement that he
or she must be a resident of an election precinct in the state
at least 15 days prior to an election, is eligible to vote in
California and meets any of the following conditions:
a) He or she was a resident of California when last living
within the territorial limits of the US or the District of
Columbia, or;
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b) He or she was born outside of the US or the District of
Columbia, his or her parent or legal guardian was a
resident of California when the parent or legal guardian
was last living within the territorial limits of the US or
the District of Columbia, and he or she was not previously
registered to vote in any other state.
4)Provides that any military or overseas voter, as defined, has
the right to register for and vote by a vote by mail (VBM)
ballot in any election within the state, including any
election for federal, or statewide office, or state ballot
measure that is voted on statewide and any other election for
any office or ballot measure held in the precinct in which he
or she was a resident when last living within the territorial
limits of the US or the District of Columbia, or in which his
or her parent or legal guardian resided when the parent or
legal guardian last lived within the territorial limits of the
US or the District of Columbia.
5)Requires a military or overseas voter's VBM application to
include the following:
a) The voter's name;
b) The voter's date of birth;
c) The address of the voter's residence in the state when
the voter was last living within the territorial limits of
the US or the District of Columbia or, if qualified, the
address of the voter's parent or legal guardian when the
parent or legal guardian was last living within the
territorial limits of the US or District of Columbia;
d) The address to which the ballot is to be sent;
e) The political party preference or a statement that the
voter declines to disclose a political party preference;
and,
f) The voter's signature.
6)Requires an elections official that receives a completed
federal postcard application from a qualified military or
overseas voter to deem that application as an affidavit of
registration, an application for a VBM ballot, and an
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application for permanent VBM status.
7)Requires an application made pursuant to this bill be received
by the elections official no later than seven days prior to
the date of the election.
8)Requires the Secretary of State (SOS) to ensure compliance
with the provisions of this bill.
9)Requires the SOS to make available, to qualified military or
overseas voters, information on procedures for military and
overseas voters to register to vote and cast ballots.
10)Requires each elections official to have a system available
which allows a military or overseas voter to electronically
request and receive a VBM application, an unvoted ballot, and
other information as required by this bill.
11)Requires the SOS to develop standardized military or overseas
voting materials, as specified.
12)Requires the SOS to prescribe the form and content of a
declaration for use by military or overseas voters, as
specified, and prescribe requirements for the timely and
proper completion of a military or overseas voter's ballot.
13)Requires each elections official to ensure the military or
overseas declaration form is a prominent part of military or
overseas voter's balloting materials for which the declaration
is required.
14)Permits a military or overseas voter to use a federal
write-in absentee ballot (FWAB) in any election in which they
are qualified to vote.
15)Requires elections officials to send VBM ballots by means of
transmission (mail, facsimile, or electronic transmission)
requested by a qualified military or overseas voter.
16)Requires an elections official, for an election in which
California has not received a waiver pursuant to the Military
and Overseas Voter Empowerment Act (42 U.S.C. Sec. 1973ff et
seq.), to transmit military or overseas ballots and balloting
materials, not later than 60 days before the election, for all
military and overseas voters who have submitted a valid
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application by that date. Requires an elections official who
receives a ballot application from a military or overseas
voters after the 60th day before the election to transmit a
ballot and ballot materials not later than two business days
after the application arrives.
17)Requires ballots from military or overseas voters to be
submitted for mailing by the date necessary for the ballot to
be received by the elections official from whom it was
obtained or by the precinct board no later than the close of
the polls on election day.
18)Permits a military or overseas voter to use a FWAB to vote
for all offices and ballot measures for which they are
qualified to vote.
19)Provides that a valid ballot cast and submitted for mailing
pursuant to this bill shall be counted if it is received by
the time the polls close on the day of the election.
20)Requires elections officials to include with the ballot a
declaration to be signed by the military or overseas voter
stating that a material misstatement of fact in completing the
ballot may be grounds for conviction of perjury.
21)Requires elections officials to implement an electronic free
access system, which allows military or overseas voters to
determine by telephone, electronic mail or Internet whether
their ballot was received.
22)Requires elections officials to request an electronic mail
address from each military or overseas voter who registers
after the effective date of this bill. Permits a military or
overseas voter who provides an email address to request that
his or her application for a ballot be considered a standing
request for electronic delivery of a ballot for all elections
held through December 31 of the year following the calendar
year of the date of the application or another shorter period
as specified by the voter.
23)Requires each elections official, at least 100 days before a
regularly scheduled election and as soon as practicable before
a special election, to publish on his or her website a list of
all the ballot measures and federal, state and local offices
that, as of that date, are expected to be on the ballot for
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that election. Requires the list to contain instructions as
to how to vote on a FWAB, should the voter decide to do so.
Permits military or overseas voters to request a copy of this
list and requires each elections official to send the list to
the voter using the method of transmission (mail, facsimile,
or electronic transmission) that the voter requests. Requires
the elections official to update the list on his or her
website as soon as practicable with the certified list of
candidates for office and certified ballot measures.
24)Provides that a military or overseas voter's mistake or
omission in the completion of a document under this bill shall
not invalidate the document if the mistake or omission does
not prevent determining whether the voter is eligible to vote.
Provides that a military or overseas voter's failure to
satisfy nonsubstantive requirements does not invalidate a
document submitted pursuant to this bill.
25)Provides that, for FWABs, if the intention of the voter is
discernible pursuant to what constitutes a vote, an
abbreviation, misspelling, or other minor variation in the
form of the name of the candidate or a political party, shall
be accepted as a valid vote.
26)Provides that the execution of a document under this bill is
not required to be notarized.
27)Permits a court to issue an injunction or grant other
equitable relief, as appropriate, to ensure compliance with,
or enforce, this bill upon application by a military or
overseas voter or an elections official.
28)Makes other conforming changes.
EXISTING LAW :
1)Defines a "special absentee voter" as an elector who is any of
the following:
a) A member of the armed forces of the US or any auxiliary
branch thereof;
b) A citizen of the US temporarily living outside of the
territorial limits of the US or District of Columbia;
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c) Serving on a merchant vessel documented under the laws
of the US; 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
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. Requires county elections officials to send
with the ballot a list of all candidates who have qualified
for the ballot by the 60th day before the election and a list
of the all measures that are to be submitted to the voters and
on which the voter is qualified to vote.
4)Permits a special absentee voter to register to vote and apply
for a VBM ballot by facsimile transmission. Allows an
elections official to send a VBM ballot by mail, facsimile, or
electronic transmission.
5)Allows a special absentee voter who is temporarily living
outside of the US to return his or her ballot by facsimile
transmission. Requires the ballot to be received by the
voter's elections official no later than the closing of the
polls on election day in order to be counted.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS : According to the Uniform Law Commission, National
Conference of Commissioners on Uniform State Laws:
The federal Uniformed and Overseas Citizens Absentee Voting Act
of 1985 (UOCAVA) and Military and Overseas Voter Empowerment Act
of 2009 (MOVE), as well as the various state efforts, have not
been wholly effective in overcoming difficulties that these
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voters face. And, the federal laws do not encompass state and
local elections. Further, American elections are conducted at
the state and local levels under procedures that vary
dramatically by jurisdiction, and many are conducted independent
of the federal elections to which UOCAVA and the MOVE Act do
apply. This lack of uniformity, and lack of application of the
federal statutes to state and local elections, complicates
efforts to more fully enfranchise these voters.
State Mandates : According to the Committee on Elections and
Redistricting, "The 2011-2012 state budget included the
suspension of various state mandates as a mechanism for cost
savings. Included on the list of suspensions were all six
existing elections-related mandates. All the existing
elections-related mandates have been proposed for suspension
again by the Governor in his budget for the 2012-2013 fiscal
year."
REGISTERED SUPPORT / OPPOSITION :
Support
California Commission on Uniform State Laws (co-sponsor)
Department of Defense Federal Voter Assistance Program
(co-sponsor)
Uniform Law Commission, National Conference of Commissioners on
Uniform State Laws
United States Army Warrant Officers Association
Veterans of Foreign Wars of the United States, Department of
California
Three individuals
Support if Amended
Debra Bowen, Secretary of State, State of California
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
AB 1805
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