BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1805|
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THIRD READING
Bill No: AB 1805
Author: Huffman (D), et al.
Amended: 8/21/12 in Senate
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 3-2, 7/3/12
AYES: Correa, Lieu, Yee
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 55-20, 5/30/12 - See last page for vote
SUBJECT : Military or overseas voters
SOURCE : California Commission on Uniform State Laws
Department of Defense Federal Voter Assistance
Program
DIGEST : This bill 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 adopted by the National Conference
of Commissioners on Uniform State laws.
ANALYSIS : Existing law regulates the voting procedures
CONTINUED
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for special absentee voters, defined as members of the
Armed Forces, citizens of the U.S. temporarily living
outside of the territorial limits of the U.S. or District
of Columbia, persons serving on a merchant vessel, and a
spouse or dependent of a member of the Armed Forces.
Existing law also regulates the voting procedures in
federal elections with respect to a citizen of the U.S.
residing outside of the territorial limits of the U.S. who
was domiciled in California immediately prior to leaving
the territorial limits of the U.S.
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 an individual who was born
outside of the U.S. and his/her parent or legal guardian
was a resident of California when last living within the
territorial limits of the U. S.
3. Requires an elections official that receives a
completed federal postcard application from a qualified
member of the military to deem that application as an
affidavit of registration, an application for a vote by
mail ballot and for permanent vote by mail status.
4. Requires the Secretary of State (SOS) to do all of the
following:
A. Make available to any person who qualifies as a
military of overseas voter information regarding
those specific voting procedures.
B. Enforce all aspects of the Military and Overseas
Voters Application and Voting Procedures.
C. Develop standardized military or overseas voter
voting materials.
D. Prescribe a form and content of a declaration for
use by a military or overseas voter to affirm the
voter's identity, eligibility to vote, and status as
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a military or overseas voter.
5. Requires the county election officials to have a system
that allows a military or overseas voter to
electronically request and receive a vote by mail
application, ballot and other information.
6. Requires the election official to send a vote by mail
ballot to a military or overseas voter not earlier than
60 days, but not later than 45 days before the election.
7. Allows a military or overseas vote to use a federal
write-in ballot to vote in any election in which the
military or overseas voter is qualified to vote.
8. Requires the county elections officials to develop a
free access system which allows a military or overseas
voter to determine by telephone, electronic mail or
Internet, whether his/her ballot was received.
9. Revises the content of the application for a vote by
mail ballot to include a space to request the
applicant's email address.
10.Requires each election official to publish on his/her
Internet Web site a list of all of the ballot measures
and federal, state, and local offices that are expected
to be on the ballot; along with instructions on how a
voter is to indicate his/her choices on a federal
write-in absentee ballot (FWAB).
11.Provides that a military or overseas voter's mistake or
omission in the completion of a document shall not
invalidate the document if the error does not prevent
determining whether the voter is eligible to vote.
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 -
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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 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/she was last living within the
territorial limits of the U.S.; or, (2) the person was born
outside the U.S., however his/her parent or guardian was a
resident of California when last living within the
territorial limits of the U.S., and he/she has not
previously registered to vote in any other state. These
provisions, which establish a mechanism for U.S. citizens
who have never lived in the U.S. to vote in elections, will
encourage more participation from U.S. citizens who are
abroad due to circumstances or situations that may have
been out of their control, including children who moved
away from the U.S. 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
The SOS indicates minor, absorbable. (General)
Potentially minor reimbursable costs to counties would
result from processing an increased number of military
and overseas voters due to the expanded definition.
(General)
SUPPORT : (Verified 8/20/12)
California Commission on Uniform State Laws (co-source)
Federal Voting Assistance Program, Department of Defense
(co-source)
American Legion, Department of California
AMVETS, Department of California
California Association of Clerks and Election Officials
(with amendments)
California Association of County Veterans Service Officers
California Secretary of State
California State Commanders Veterans Council
Department of Defense State Liaison Office
National Military Family Association
Overseas Vote Foundation
The Military Coalition including the following signatories:
Air Force Association
Air Force Sergeants Association
Air Force Women Officers Associated
AMVETS
Army Aviation Association of America
Association of Military Surgeons of the United States
Association of the United States Army
Association of the United States Navy
Commissioned Officers Association of the United
States Public Health Service, Inc.
CWO and WO Association, United States Coast Guard
Fleet Reserve Association
Gold Star Wives of America, Inc.
Iraq and Afghanistan Veterans of America
Jewish War Veterans of the United States of America
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Marine Corps League
Marine Corps Reserve Association
Military Officers Association of America
Military Order of the Purple Heart
National Association for Uniformed Services
National Guard Association of the United States
National Military Family Association
Non-Commissioned Officers Association of the United
States of America
Reserve Enlisted Association of the United States
Reserve Officers Association
Society of Medical Consultants to the Armed Forces
The Retired Enlisted Association
United States Army Warrant Officers Association
United States Coast Guard Home Chief Petty Officers
Association
Veterans of Foreign Wars of the United States
Uniform Law Commission
United States Army Warrant Officers Association
Veterans of Foreign Wars of the United States, Department
of California
Vietnam Veterans of America, California State Council
ARGUMENTS IN SUPPORT : The author's office states the
enactment of this bill for Military and Overseas Voters
accomplishes four goals:
Ensures that members of the military and civilians
working abroad who would be entitled to vote if they
were living in the U.S. are able to vote in the state
and municipal elections of the jurisdictions where they
register;
Establishes the nation's most generous "advance
mailing" of election information to military and
overseas voters at 60 days instead of 45 days;
Utilizes infrastructure that exists or that is in
development for overseas voters to participate in
federal elections, thus maximizing the efficient use of
Federal Voting Assistance Program dollars; and
Ensures that unnecessary obstacles do not prevent
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military and overseas citizens from exercising their
right to vote by providing procedures and safeguards to
help ensure their franchise.
ASSEMBLY FLOOR : 55-20, 5/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Nestande, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Smyth, Solorio, Swanson, Torres, Wieckowski,
Williams, Yamada, John A. P�rez
NOES: Conway, Donnelly, Beth Gaines, Garrick, Grove,
Hagman, Halderman, Harkey, Jeffries, Jones, Knight,
Logue, Mansoor, Miller, Morrell, Nielsen, Norby, Olsen,
Silva, Wagner
NO VOTE RECORDED: Achadjian, Bill Berryhill, Fletcher,
Gorell, Valadao
DLW:k 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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