BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 183|
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THIRD READING
Bill No: SB 183
Author: Correa (D)
Amended: As introduced
Vote: 21
SENATE ELEC. & CONST. AMENDMENTS COMMITTEE : 3-2, 3/15/11
AYES: Correa, De Le�n, Lieu
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Ballots: identifying information
SOURCE : Author
DIGEST : This bill prohibits a voter from placing
personal information, as defined upon a ballot that
identifies the voter.
ANALYSIS :
Existing law:
1.Prohibits a voter from placing any mark upon a ballot
that will make the ballot identifiable. Furthermore, a
ballot that is not marked as provided by law or that is
marked or signed by the voter so that the ballot can be
identified by others must be rejected.
2.Provides that any ballot that is torn, bent, or otherwise
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defective must be corrected so that every vote cast by
the voter can be counted by the automatic tabulating
equipment. If necessary, a true duplicate copy of the
defective ballot must be made and substituted therefore,
following the intention of the voter insofar as it can be
ascertained from the defective ballot.
This bill:
1. Prohibits a voter from placing personal information, as
defined, upon a ballot that identifies the voter.
2. Provides that instead of rejecting a ballot that
contains personal information it must be segregated in a
specified manner.
3. Requires that a duplicate ballot be prepared in the same
manner as other defective ballots. "Personal
information" includes all of the following:
The signature of the voter
The initials, name, or address of the voter
A voter identification number
A social security number
A driver's license number
4. Require that ballots include in their instructions to
voters that marking the ballot outside of the designated
space to vote for a candidate or measure may compromise
the secrecy of the ballot.
Background
Marked Ballots : Prior to the advent of voting systems that
use an automated tabulation component, paper ballots were
routinely counted by hand. If the elections official who
was hand-counting those ballots was compliant, vote-buying
could occur if a voter made an identifying mark on his or
her ballot. In order to address this possibility, the law
provided that any distinguishing marks or erasures would
render a ballot void. However, according to the Secretary
of State, cases of "vote selling" and individuals marking a
ballot to indicate they've voted a particular way is
extremely rare to nonexistent while many ballots are
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currently rejected for extraneous, often inadvertent marks
made by a voter. With the increased use of optically
scanned paper ballots that require the voter to mark the
ballot with an ordinary ink pen, it is common for voters to
scribble on the ballot to ensure that the ink in the pen is
flowing or they simply and innocently doodle on the ballot
while deciding how to vote.
Previous Legislation
SB 387 (Hancock) of 2009, which was vetoed by the Governor,
was identical to this bill. In his veto message, the
Governor stated, in part:
"The provisions of this bill allowing elections
officials to process ballots that contain extraneous
non-identifying marks are acceptable; however, I am
concerned that remaking a ballot that contains personal
identifying information compromises ballot secrecy and
increases the opportunity for fraud."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/6/11)
California Common Cause
Secretary of State
ARGUMENTS IN SUPPORT : According to the author's office,
voters should not be disenfranchised for making harmless,
extraneous marks on a paper ballot. Concerns over vote
buying in this fashion are no longer legitimate. Ballots
that contain personal information should also be remade and
not be rejected.
DLW:do 4/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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