BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1873|
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UNFINISHED BUSINESS
Bill No: AB 1873
Author: Gonzalez (D) and Mullin (D)
Amended: 8/22/14 in Senate
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 6/24/14
AYES: Padilla, Anderson, Hancock, Jackson, Pavley
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-0, 8/27/14 (Pursuant
to Senate Rule 29.10)
AYES: Padilla, Anderson, Hancock, Pavley
NO VOTE RECORDED: Jackson
ASSEMBLY FLOOR : 44-32, 5/29/14 - See last page for vote
SUBJECT : Special mail ballot elections: San Diego County
SOURCE : County of San Diego
DIGEST : This bill enacts a pilot project to permit San Diego
County to conduct special elections to fill legislative and
congressional vacancies located wholly within San Diego County
as all mail ballot elections under specified conditions and
makes specified finding and declarations related thereto.
ANALYSIS :
Existing law:
1.Permits an election to be conducted wholly by mail if the
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governing body authorizes the use of mailed ballots for the
election, the election occurs on an established mailed ballot
election date, and the election is one of the following:
A. An election in which no more than 1,000 registered
voters are eligible to participate;
B. An election in a city, county, or district with 5,000 or
fewer registered voters that is restricted to the
imposition of special taxes, expenditure limitation
overrides, or both;
C. An election on the issuance of a general obligation
water bond;
D. An election in one of four specifically enumerated water
districts; or
E. An election or assessment ballot proceeding required or
authorized by the state constitution under Proposition 218.
1.Authorizes a school district or city with a population of
100,000 or less to conduct an all-mail ballot election to fill
a vacancy in a special election.
2.Authorizes a district to conduct any election as an all-mailed
ballot election on any date other than an established election
date.
3.Provides that whenever there are 250 or fewer people
registered to vote in any precinct, the elections official may
deem the precinct as an all-mail ballot precinct, and provides
that no precinct may be divided solely in order to create an
all-mail precinct.
4.Provides that once a legislative or congressional vacancy
occurs, the Governor has 14 days to issue a proclamation
declaring the date of the special election. Requires the
special run-off election to occur between 126 and 140 days
after the date of the proclamation with the special primary
election occurring the ninth Tuesday preceding the special
run-off, except as specified. Permits the special run-off
election to be held up to 180 days after the date of the
Governor's proclamation if it will allow either the special
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run-off or special primary to coincide with an existing state
or local election involving at least half the voters in the
affected jurisdiction.
5.Permits Yolo County, as part of a pilot program lasting
through January 1, 2018, to conduct elections on up to three
dates as all-mailed ballot elections, subject to certain
conditions and reporting requirements.
6.Provides that a vote by mail (VBM) ballot must be received by
the elections official from whom it was obtained, or by a
precinct board in that jurisdiction, no later than the close
of polls on Election Day in order for that ballot to be
counted.
This bill:
1.Provides that the all mail ballot special election is subject
to all of the following conditions:
A. The board of supervisors of San Diego County authorizes
the use of mailed ballots.
B. The election does not occur on the same date as a
statewide primary or general election, or any other
election conducted in an overlapping jurisdiction that is
not consolidated and conducted wholly by mail.
C. If the boundaries of the congressional or legislative
district overlap with the boundaries of a city, at least
one ballot drop-off location is provided per city and is
open during business hours to receive voted ballots
beginning not less than seven days before the date of the
election. The number of drop-off locations in
unincorporated areas shall be based on the number of
unincorporated registered voters divided by 100,000
(rounded to the next whole number) with no less than one
location to be selected. A ballot drop-off location
provided for under this bill shall consist of a locked
ballot box located in a secure public building that meets
the accessibility requirements for a polling place.
D. The elections official provides for at least six hours
of voting at a satellite location within the congressional
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or legislative district on at least one Saturday and Sunday
after the ballots are delivered to voters.
E. At least one polling place is provided per city or the
polling places are fixed in a manner so that there is one
polling place for every 10,000 registered voters within the
district, as specified, whichever results in more polling
places. Polling places shall allow voters to request a
ballot between 7 a.m. and 8 p.m. on the day of the election
if they need replacement ballots.
F. Polling places are established in accordance with
existing state and federal accessibility requirements, and
are evenly distributed throughout the congressional or
legislative district.
G. The polling places shall be established at accessible
locations and shall be equipped with voting units or
systems that are accessible to individuals with
disabilities and that provide the same opportunity for
access and participation as is provided to voters who are
not disabled, including the ability to vote privately and
independently in accordance with applicable existing law.
H. If a polling place consolidates one or more precincts
for which the county elections official is required to
recruit precinct board members who are fluent in a language
in addition to English pursuant to the federal Voting
Rights Act, the elections official shall make reasonable
efforts to ensure that the polling place is staffed by
precinct board members who speak those languages.
I. Each voter receives all supplies necessary for the use
and return of the mail ballot, including a return envelope
for the voted ballot with postage prepaid and a notice,
translated in all languages required under the federal
Voting Rights Act that informs voters that an all-mailed
ballot election is being conducted and each eligible voter
will receive a ballot by mail. Each voter must also
receive a postage-paid postcard that the voter may return
to the county elections official for the purpose of
requesting a VBM ballot in a language other than English.
The notice must also disclose the following:
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(1) That the voter may cast a ballot in person at a
satellite location or at a polling place on Election
Day.
(2) That the voter may request the county elections
official to send a VBM ballot in a language other than
English or a facsimile copy of the ballot printed in
other languages.
(3) A list of the ballot drop-off locations, satellite
locations, and polling places (the list shall also be
posted on the Internet Web site of the county elections
official).
A. The county elections official submits to the Secretary
of State (SOS) a voter education and outreach plan to be
implemented by the county for any election conducted
pursuant to this bill. The voter education and outreach
plan shall be posted on the Internet Web site of the SOS
and on the Internet Web site of the county elections
official. The voter education and outreach plan shall
include, but shall not be limited to, all of the following:
(1) One education and outreach meeting that shall
include representatives, advocates, and other
stakeholders representing each community for which the
county is required to provide voting materials and
assistance in other languages under the federal Voting
Rights Act.
(2) At least one bilingual voter education program for
each language in which the county is required to provide
voting materials and assistance under state law and the
federal Voting Rights Act.
(3) One education and outreach meeting that shall
include representatives from community organizations and
individuals that advocate on behalf of, or provide
services to, individuals with disabilities.
(4) At least one voter education program to increase
accessibility for participation of eligible voters with
disabilities.
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(5) A toll-free voter assistance hotline maintained by
the county elections official that shall be operational
no later than the date that VBM ballots are mailed to
voters until 5 p.m. on the day after the special
election. The toll-free voter assistance hotline shall
provide assistance to voters in all languages in which
the county is required to provide voting materials and
assistance under state law and the federal Voting Rights
Act.
(6) At least one public service announcement in the
media, including newspapers, radio, and television, that
serve English-speaking citizens for purposes of
informing voters of the upcoming election and promoting
the toll-free voter assistance hotline.
(7) At least one public service announcement in the
media, including newspapers, radio, and television, that
serve non-English-speaking citizens for each language in
which the county is required to provide voting materials
and assistance state law and the federal Voting Rights
Act for purposes of informing voters of the upcoming
election and promoting the toll-free voter assistance
hotline.
(8) A voter education social media strategy that is
developed in partnership with community organizations
and individuals that, advocate on behalf of or provide
services to, non-English-speaking individuals and
individuals with disabilities.
A. For the purpose of reporting the results of an election
conducted pursuant to this bill, the county elections
official shall prepare a statement of the results of the
election shown by precinct.
B. If an election is conducted pursuant to this bill, San
Diego County shall report to the Legislature and to the SOS
regarding the success of the election, including, but not
limited to, any statistics on the cost to conduct the
election; the turnout of different populations, including,
but not limited to and to the extent possible, the
population categories of race, ethnicity, language
preference, age, gender, disability, permanent VBM status,
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and political party affiliation as it relates to the
languages required under the federal Voting Rights Act; the
number of ballots that were not counted and the reasons
they were rejected; voter fraud; and any other problems
that became known to the county during the election or
canvass.
Whenever possible the report shall compare the election
conducted pursuant to this bill to similar elections not
conducted pursuant to this section in the same jurisdiction
or comparable jurisdictions.
1.Permits San Diego County to begin processing VBM ballots on
the 10th business day prior to the mail ballot election
permitted under this bill, instead of the seventh business day
prior to the election.
2.Contains a January 1, 2020 sunset date.
Background
Several California counties have conducted all-mail ballot
elections. Monterey conducted one of the first vote-by-mail
elections ever held in the United States in 1977 on a flood
control measure. Alpine County conducted its first all-mail
election in November 1993 for a countywide special election.
San Diego used all-mail balloting in May 1981 for a measure
proposing to build a $224 million convention center. Stanislaus
County conducted its first all-mail ballot election in 1987 for
the Modesto City Charter.
In 1992, the Legislature approved a pilot project in Stanislaus
and Placer counties. The counties were allowed to conduct
all-mail ballot elections. Placer County did not utilize this
pilot project but Stanislaus County conducted the 1993 Statewide
Special Election as an all-mail ballot election.
All-mail ballot elections conducted in California as well as
other states have generally shown increases in voter turnout and
significant decreases in the cost of conducting elections.
During Stanislaus County's all-mail ballot pilot project, the
County saved almost half of its usual election expenditures.
Stanislaus County generally reported turnout levels at six to
eight percentage points below the state's average. During the
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1993 Statewide Special Election, the County's turnout was 6.8%
higher than the statewide average during that election. It
should be noted however, that with few exceptions, prior
all-mail elections have been limited to local elections only.
Oregon has been conducting all-mail ballot elections for
non-partisan and ballot measure elections for 20 years. In 1998
the voters passed an initiative expanding VBM to primary and
general elections. The State of Washington has also recently
adopted statewide all-mail ballot elections.
Yolo County Pilot Project: In 2011, the Legislature approved
and the Governor signed AB 413 (Yamada, Chapter 187, Statutes of
2011), which created a pilot program allowing Yolo County to
conduct local elections on not more than three dates as
all-mailed ballot elections. AB 413 was intended to serve as a
pilot project to evaluate the desirability of further expanding
the circumstances under which elections are permitted to be
conducted as all-mailed ballot elections. Yolo County conducted
all-mailed ballot elections last March in the City of Davis and
the Washington Unified School District as permitted by AB 413,
and submitted its report on those elections last December. The
pilot project in Yolo County was authorized following a prior
pilot project in Monterey County that failed to provide useful
information about the impacts of all-mailed ballot elections
because the report filed by Monterey County as part of the pilot
project lacked much of the information that was necessary to
evaluate the impacts of the pilot project.
The report prepared in connection with the first two elections
conducted in Yolo County under the pilot project found that
turnout at the all-mailed ballot elections conducted as part of
the pilot project was not significantly different than similar
polling place elections held in the two jurisdictions in prior
years. The study also found that turnout rates broken down by
age, ethnic background, party preference, and permanent VBM
status was consistent and similar between the polling place and
the all-mailed ballot elections. The study found that data
provided on the cost to conduct all-mailed ballot elections was
inconclusive in determining whether there are significant
savings to moving to all-mailed ballot elections. However, the
study also cautioned that Davis - one of the jurisdictions in
which the pilot was conducted - "is a relatively affluent,
homogenous community with a higher level of educational
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achievement than most other areas of the state" and so the
results "are not necessarily applicable to other, dissimilar
communities." The report also noted that the effects of
all-mailed ballot elections on turnout would not necessarily be
similar in general elections.
Yolo County is permitted to conduct local elections as
all-mailed ballot elections on two additional dates before the
conclusion of the pilot project.
VBM and Permanent VBM Voting: Under state law, any voter can
request a VBM ballot for any election, and any voter can become
a permanent VBM voter. Permanent VBM voters automatically
receive a ballot in the mail for every election, without the
need to re-apply for a VBM ballot. As such, any voter who
prefers to VBM has the ability to do so under existing law.
Among the arguments that supporters of all-mailed ballot
elections frequently make in support of such elections is that
all-mailed ballot elections are more convenient for voters.
However, it is not clear whether this is the case. Any voter
who finds it more convenient to VBM has the option to do so
under existing law, and voters who want to VBM at every election
can sign up for permanent VBM status. Some voters, due to
physical disability or language issues, may prefer to vote at
the polls in order to take advantage of access or help provided
by electronic voting machines or bilingual poll workers.
Related Legislation
AB 2028 (Mullin) authorizes San Mateo County to participate in
the ongoing all-mailed ballot pilot project that is being
conducted in Yolo County, as described.
SCA 16 (Steinberg) permits the Governor to fill a legislative
vacancy by appointment, as specified.
AB 2273 (Ridley-Thomas) requires the state to reimburse counties
for the costs of special elections held to fill vacancies in
Congress and the Legislature, for all elections held on or after
January 1, 2013.
SB 942 (Vidak) requires the state to reimburse counties for the
costs of special elections held to fill vacancies in Congress
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and the Legislature, for all elections held between January 1,
2008, and December 31, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/25/14)
County of San Diego (source)
California State Association of Counties
California State Association of Letter Carriers
County of San Bernardino
Rural County Representatives of California
San Mateo County Board of Supervisors
Sonoma County Board of Supervisors
Urban Counties Caucus
ARGUMENTS IN SUPPORT : According to the author's office:
AB 1873, known as the Voting Ought To be Easy (VOTE) Act
for Special Elections, seeks to improve two major
shortcomings with special elections in California - the
widespread non-participation by voters in these low-profile
electoral contests and the costliness of operating a
special election on taxpayers. Together, the apparent
inefficiency of the special election status quo has invited
well-meaning but risky alternatives that undermine the
public's right to an election and our state government's
system of checks and balances.
AB 1873 allows county and local governments the opportunity
to avoid the low participation and high costs involved in
special elections by conducting these special elections
predominantly by mail ballot, a process which has been
shown in practice and academic studies to majorly reduce
costs and increase access to democracy. In exchange, the
county or local government opting in to the predominantly
mail special election process agrees to several measures
that further expands voter access. These conditions
include providing postage-paid envelopes for return ballots
and honoring any ballot received with a postmark by
Election Day, similar to tax forms postmarked by April 15
are still "on time." They also include making available a
limited number of in-person voting locations for early
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weekend voting as well as voting on Election Day, ensuring
access for those with disabilities or limited English
proficiency, and developing and conducting plans for voter
outreach and education about electoral participation in
these elections.
?
Special elections in California notoriously have abysmal
voter turnout levels, sometimes dropping below 10% of
registered voters. For instance, in recent special
elections to fill Assembly seats, AD 52 saw a turnout of
only 8.61%, and AD 54 saw a turnout of only 8.47%. This
can be attributed to special elections often covering fewer
issues than regularly scheduled elections, and generally
being less competitive than statewide general elections,
thus generating less media coverage and voter attention.
Special elections are also typically held on days which
voters may be unable to take off of work or are less
publicized. Severely low turnout in special elections
undercuts our principles of democracy and participation, as
elections are decided by a small amount of voters.
ASSEMBLY FLOOR : 44-32, 5/29/14
AYES: Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Bradford,
Buchanan, Ian Calderon, Campos, Chau, Chesbro, Daly,
Dickinson, Eggman, Frazier, Garcia, Gonzalez, Gordon, Gray,
Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea,
John A. P�rez, V. Manuel P�rez, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Skinner, Stone, Ting, Weber, Wieckowski, Williams,
Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Cooley,
Dababneh, Dahle, Donnelly, Fong, Fox, Beth Gaines, Gatto,
Gorell, Grove, Hagman, Harkey, Jones, Linder, Logue,
Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson,
Quirk-Silva, Salas, Wagner, Waldron, Wilk, Yamada
NO VOTE RECORDED: Alejo, Brown, Gomez, Vacancy
RM:e 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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