BILL ANALYSIS �
SB 183
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SENATE THIRD READING
SB 183 (Correa)
As Introduced February 7, 2011
Majority vote
SENATE VOTE :25-14
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bonilla, Gatto, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Valadao |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Prohibits a voter from placing personal information,
as defined, on a ballot if the information identifies the voter,
and provides that a ballot that contains personal information is
not invalid. Specifically, this bill :
1)Requires ballot instructions to voters to state that marking
the ballot outside of the designated space to vote for a
candidate or measure may compromise the secrecy of the ballot.
2)Prohibits a voter from placing personal information on a
ballot if that information identifies the voter.
3)Deletes a provision that a ballot be rejected if it is marked
in a manner as to identify the voter, and instead requires a
ballot that contains personal information to be separated and
duplicated in the same manner as defective ballots.
4)Provides that a ballot that contains personal information is
not invalid.
5)Defines "personal information" to include all of the
following:
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a) The signature of the voter;
b) The initials, name, or address of the voter;
c) A voter identification number;
d) A social security number; and,
e) A driver's license number.
EXISTING LAW :
1)Prohibits a voter from placing any mark upon a ballot that
will make the ballot identifiable. Requires a ballot to be
rejected if it is marked or signed by the voter so that it can
be identified by others.
2)Provides that any ballot that is torn, bent, or mutilated
shall be segregated in the manner directed by the elections
official and a duplicate shall be prepared.
3)Provides that any ballot marked in a manner as to identify the
voter shall be marked "Void" and placed in a container for
void ballots.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor state reimbursable costs for county elections
officials to modify voter instructions, and to duplicate and
tabulate, rather than void, ballots inappropriately marked with
personal information.
COMMENTS : According to the author: "Under current law a ballot
can be rejected because the voter scribbles on it to make sure
their pen is working. This is unacceptable. This bill would
provide that these extra marks will no longer render a ballot
void and ballots with personal information will be remade in the
same way as damaged ballots?Existing law was enacted to help
prevent voter corruption when ballots were hand tabulated. In
this day and age of automated tabulation, there is simply no
danger that marking a ballot can be part of a systemic
vote-buying scheme that would require a complicit election
official."
Current law specifies the instructions that are required to be
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printed on a ballot for voters. Among other things, the
instructions state, "All distinguishing marks or erasures are
forbidden and make the ballot void." This statement serves to
notify voters that markings on a ballot may make that ballot
invalid. This bill narrows the prohibition in current law that
applies to "any mark upon a ballot" and focuses specifically on
"personal information." In addition, this bill provides that a
ballot that contains the personal information of a voter shall
be duplicated and counted, instead of being void.
This bill is identical to SB 387 (Hancock) of 2009, which was
vetoed by Governor Schwarzenegger, who expressed concern that
"remaking a ballot that contains personal identifying
information compromises ballot secrecy and increases the
opportunity for fraud."
Analysis Prepared by : Ethan Jones and Maria Garcia / E. & R.
/ (916) 319-2094
FN: 0001905