BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 240 (Yee) - Drop-off Ballot Boxes
          
          Amended:  January 17, 2014      Policy Vote: E&CA 3-1  ED 5-2
          Urgency: No                     Mandate: Yes
          Hearing Date: January 21, 2014                          
          Consultant: Maureen Ortiz       
          
          SUSPENSE FILE.
          
          
          Bill Summary:  SB 240 requires the county elections officials to  
          establish at least one vote by mail (VBM) ballot drop box within  
          specified college campuses.    Additionally, the bill requires  
          the Secretary of State to assist elections officials by  
          providing recommendations and guidelines regarding the placement  
          and security of VBM ballot drop boxes.

          Fiscal Impact:
           
              Unknown, potentially $500,000 in reimbursable state  
              mandated costs (General Fund)

          Exact costs are unknown and will be dependent on the costs for  
          purchasing ballot boxes that meet the security requirements  
          proposed by this measure, the number of days/hours the drop  
          boxes are available (SB 240 allows up to 29 days per election),  
          and the level of staffing necessary.

          Background:   Under existing law, vote by mail ballots must be  
          voted on or before the day of the election.  After marking the  
          ballot, the VBM voter must either (1) return the ballot by mail  
          or in person to the elections official from whom it came or (2)  
          return the ballot in person to a member of a precinct board at a  
          polling place within the jurisdiction.  

          Current law authorizes a VBM voter who is unable to return the  
          ballot to designate his or her spouse, child, parent,  
          grandparent, grandchild, brother, sister, or a person residing  
          in the same household as the VBM voter to return the ballot to  
          the elections official from whom it came or to the precinct  
          board at a polling place within the jurisdiction.  









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          Current law additionally requires elections officials to  
          establish procedures to ensure the secrecy of a VBM ballot  
          returned to a precinct polling place and the security,  
          confidentiality, and integrity of any related personal  
          information collected, stored, or otherwise used. 


          Proposed Law:  SB 240 will statutorily authorize the use of  
          ballot drop-off locations as one of three methods that a  
          vote-by-mail voter may use to return his or her ballot.   
          Additionally, the bill defines "vote by mail ballot drop box" as  
          a secure receptacle established by a county or city and county  
          elections official whereby a voted VBM ballot may be returned to  
          the elections official from whom it was obtained.  

          SB 240 requires the county elections officials to establish at  
          least one VBM ballot drop-off location on each campus of the  
          California State University and the University of California,  
          and to consider establishing at least one drop-off location at  
          each community college within its jurisdiction if the elections  
          official determines that the college would be convenient for  
          voters.

          SB 240 requires the following criteria for ballot drop boxes:

             a)   Boxes must be secure and prevent the envelope, once  
               deposited, from being   removed by anyone other than an  
               elections official;
             b)    Boxes must be staffed by at least one individual  
               appointed by the elections official;
             c)   If placed outside, boxes must be constructed of durable  
               material able to withstand inclement weather;
             d)   Boxes must be locked up during non-business hours;
             e)   For no more than 29 days prior to Election Day, two  
               people appointed by the elections official must empty each  
               box with sufficient frequency to prevent damage and  
               unauthorized access to the ballots;
             f)   Boxes must be sealed and contain seal logs that document  
               each time the box is opened, by whom, and the number of  
               ballots removed.
             g)   Ballots must be placed into sealed transport carriers  
               and returned to the elections official.









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          The placement and security of each drop-off location shall be  
          determined by the elections official in accordance with  
          guidelines by the Secretary of State.

          Staff Comments:  Many counties have established drop off sites  
          where VBM voters can drop off their ballots before Election Day.  
           For example, Sacramento County has designated several  
          facilities such as city hall, county departments, assisted  
          living facilities, local businesses, non-profit and community  
          organizations, and facilities that already serve as polling  
          places on Election Day.  The county requires that all facilities  
          must be accessible to voters with disabilities and have at least  
          one person monitor the station. 

          Many students attending college away from home are typically  
          registered to vote in their home county, and not the county in  
          which they are attending school.   Since many college students  
          move several times while pursuing their degree and do not live  
          on campus during the month of June when primaries may be held,  
          they will use their parents' home address as their permanent  
          address for purposes of voter registration.  As a result, many  
          of these students may mistakenly deposit their voted VBM ballot  
          in the campus ballot drop box required by this bill.  Since  
          counties are not currently required to forward VBM ballots to  
          their county of origin, these student voters could be  
          unknowingly disenfranchised.