BILL ANALYSIS �
AB 1805
Page 1
ASSEMBLY THIRD READING
AB 1805 (Huffman)
As Amended May 25, 2012
Majority vote
ELECTIONS 4-0 VETERANS AFFAIRS 6-0
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|Ayes:|Fong, Bonilla, Allen, |Ayes:|Cook, Pan, Atkins, Block, |
| |Swanson | |Williams, Yamada |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Ammiano, Hill, | | |
| |Lara, Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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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 United
States Code Section 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)Replaces the term "special absentee voter" with "military or
overseas voter."
2)Expands the definition of what constitutes a military or
overseas voter to include any citizen of the US living outside
the territorial limits of the US, who, except for the
residency requirement, is eligible to vote in California and
was a resident of California when last living within the
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territorial limits of the US, or was born outside of the US,
and 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, and he or she was not
previously registered to vote in any other state.
3)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 vote by mail (VBM) ballot,
and an application for permanent VBM status.
4)Requires the Secretary of State (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 and to develop standardized military and
overseas voting materials, as specified.
5)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.
6)Requires the elections official to send a VBM ballot to a
military or overseas voter not earlier than 60 days, but not
later than 45 days before the election.
7)Permits a military or overseas voter to use a federal write-in
absentee ballot (FWAB) in any election in which he or she is
qualified to vote.
8)Requires elections officials to send VBM ballots by means of
transmission (mail, facsimile, or electronic transmission)
requested by a qualified military or overseas voter.
9)Provides that a valid ballot cast and submitted for mailing
pursuant to this bill shall be counted if it is received by
the elections official by the time the polls close on election
day.
10)Requires elections officials to implement an electronic free
access system, which allows a military or overseas voter to
determine by telephone, electronic mail or Internet, whether
his or her ballot was received.
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11)Requires elections officials to request an electronic mail
address from each military or overseas voter who registers
after the effective date of this bill.
12)Requires each elections official, as soon as practicable
before an election, to publish on his or her Web site and
update, as specified, 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 that election.
13)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs for county elections officials to comply
with the bill's requirements should be minor.
COMMENTS : According to the author, "Thousands of overseas and
military voters from throughout California serve in a variety of
uniformed and civilian roles, from frontline active duty to
restoration and international aid service. Often working in the
world's hotspots of terrorism, disease and poverty, these men
and women leave behind families - parents, spouses, children and
friends - in the name of democracy. And while they must
separate from their loved ones for months or years at a time,
they maintain their connections, through their families and
friends, to the California communities they call home. AB 1805
allows these people to voice their opinions for the leadership
and direction of the communities where their families live,
giving these service personnel a long-distance voice to vote for
councilmembers, supervisors, initiatives and other measures that
will impact the care, education and services available to the
people they love."
This bill not only changes the terminology used to describe
military and overseas voters who are eligible to use special
voting procedures under existing law, but it also expands the
universe of people who can be considered military or overseas
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voters. Specifically, this bill allows individuals who are not
residents of California to vote in California elections if one
of the following scenarios applies: 1) the person was a
resident of California when he or she was last living within the
territorial limits of the US; or, 2) the person was born outside
the US, however his or her parent or guardian was a resident of
California when last living within the territorial limits of the
US, and he or she has not previously registered to vote in any
other state. These provisions, which establish a mechanism for
US citizens who have never lived in the US to vote in elections,
will encourage more participation from US citizens who are
abroad due to circumstances or situations that may have been out
of their control, including children who moved away from the US
before they reached voting age.
Additionally, this bill helps facilitate participation of
military and overseas voters by expanding the use of the FWAB
and allowing it to be used by military or overseas voters in
non-federal elections. Currently, the FWAB is only available
for federal elections, and it is typically used as a back-up
option when voters do not or cannot receive a regular ballot in
time to vote. By allowing the FWAB to be used at statewide and
local elections, this bill will enfranchise more military and
overseas voters giving them the ability to have their voices
heard in matters concerning their communities.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0003955