BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 348 HEARING DATE:
5/3/11
AUTHOR: CORREA ANALYSIS BY:
Darren Chesin
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Vote by mail ballots: deadline for acceptance
DESCRIPTION
Existing law , pursuant to the California Constitution,
provides that a voter who casts a vote in an election in
accordance with the laws of this State shall have that vote
counted.
Existing law requires all vote by mail (VBM) ballots,
including special absentee voter ballots, to be received by
the appropriate elections official no later than 8 p.m. on
Election Day.
This bill would instead provide that any VBM and special
absentee ballot will be timely cast if it is postmarked on
or before election day and received by the voter's
elections official no later than six days after election
day.
BACKGROUND
How Many Ballots are Late ? Committee staff was unable to
obtain statewide figures but for the 2010 General Election,
Los Angeles County alone received 1,976 ballots too late to
be counted while in Orange County for the same election the
number was 2,423.
The June, 2010 Riverside County Near Debacle . In Riverside
County, 12,563 VBM ballots were discovered at a local post
office the day after the June, 2010 Statewide Primary
Election. These ballots were eventually accepted by the
registrar of voters but only after a superior court judge
ruled that they should be counted. In this instance, the
voters had mailed their ballots in time for normal delivery
but county elections officials, who previously and
routinely visited certain post offices to collect VBM
ballots, did not visit the post office that actually had
these ballots. While a plain reading of the applicable
statute would have resulted in these ballots being
rejected, the presiding judge relied on a provision of the
California Constitution which states that "A voter who
casts a vote in an election in accordance with the laws of
this State shall have that vote counted."
VBM Ballot Deadlines in Other States . According to the
National Association of Secretaries of State, each state
has its own deadlines for the return of mail-in absentee
ballots. Dates may vary according to whether the
individual submitting the absentee ballot is a civilian
living in the United States, or a military or overseas
voter covered under the Uniformed and Overseas Civilian
Absentee Voting Act (UOCAVA). For civilians residing
within the U.S., the following information applies:
In three states, absentee ballots must be returned
prior to Election Day.
In 36 states, absentee ballots must be returned by
Election Day.
In 11 states and the District of Columbia, additional
time for the arrival of absentee ballots is provided
after Election Day, as long as the absentee ballot is
postmarked by Election Day.
For active duty military and overseas citizens covered
under UOCAVA, the following information applies:
In 30 states, absentee ballots of individuals covered
under UOCAVA must be returned by Election Day.
Twenty states and the District of Columbia provide
additional time after Election Day for the absentee
ballots of UOCAVA voters to arrive. Most of these
states require the absentee ballot to be postmarked by a
certain date (usually by Election Day).
What's So Special About a Special Absentee Voter ? "Special
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absentee voter" means an elector who is any of the
following:
A member of the Armed Forces of the United States or
any auxiliary branch thereof.
A citizen of the United States temporarily living
outside of the territorial limits of the United States
or the District of Columbia.
Serving on a merchant vessel documented under the laws
of the United States.
A spouse or dependent of a member of the Armed Forces
or any auxiliary branch thereof.
Special absentee voters may register to vote, apply for,
receive, and return their ballots by facsimile
transmission. Special absentee ballots can be requested
and provided as early as 60 days prior to an election
(normal VBM ballots cannot be requested or provided until
29 days prior to an election).
COMMENTS
1. According to the author , there is no reason that VBM
and special absentee ballot voters should be
disenfranchised if they cast their ballots on or before
Election Day. This bill will provide that ballots
postmarked on or before the elections will be counted
provided they are received by the appropriate elections
official up to six days after the election. By limiting
it to six days, the vast majority of legally cast late
ballots will be counted without substantially
interfering with the elections officials' ability to
conduct the canvass within existing deadlines.
2. Illegible, Missing or Private Postmarks . It is not
uncommon for a postmark to be smudged or otherwise
illegible. Occasionally, mail does not receive a
postmark at all or is self-metered using a private mail
meter or an Internet-based vendor such as Stamps.com
which do not require a postmark. Under existing law,
this is not an issue in California, as all VBM ballots
are required to be received by the close of polls on
Election Day. Under this bill, an illegible or missing
postmark could result in a voter's ballot being
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discarded. However, it should be noted that under
existing law any such late ballots would be rejected,
with or without a legible postmark.
3. CACEO Concerns . The California Association of Clerks
and Election Officials, while not opposed to this bill,
have expressed concerns that reliance on postmarks will
disenfranchise some voters and that acceptance of VBM
ballots after Election Day may interfere with some
counties ability to complete their canvass early or
within statutory deadlines.
4. Related Legislation . This bill is similar in intent to
AB 896 (Portantino) which is pending in the Assembly
Committee on Elections and Redistricting. SB 802
(Runner) which is pending in this committee would, among
other things, require that a vote by mail ballot of a
member of the Armed Forces of the United States who is
stationed outside of the United States be cast by
Election Day and received by elections officials no
later than 21 days after Election Day.
Last year, AB 1340 (Lowenthal), SB 582 (Dutton) and a
portion of SB 370 (Runner) also permitted late special
absentee or military ballots to be accepted after
election day all failed passage in either this committee
or the Senate Appropriations Committee. Two other
similar bills, AB 1367 (Fletcher) and AB 1415 (Adams),
also failed passage in the Assembly Committee on
Elections and Redistricting last year.
POSITIONS
Sponsor: Author
Support: Secretary of State
Oppose: None received
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