BILL ANALYSIS �
SB 362
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Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 362 (Padilla) - As Amended: June 26, 2013
Policy Committee: ElectionsVote:5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill authorizes emergency workers who are out of state
during an election to cast a ballot, under specified conditions
and procedures. Specifically, this bill:
1)Requires an elections official-upon declaration of an
out-of-state emergency by the Governor and issuance of an
executive order allowing an emergency worker, as defined, to
cast a ballot outside his or her home precinct-to issue a
vote-by-mail (VBM) ballot to the emergency worker. The VBM
ballot may be sent to the emergency worker via fax or
electronic mail.
2)Requires a VBM ballot per (1), in order to be counted, to be
received by the elections official within three days after
election day and to be postmarked or date-stamped on or before
election day.
FISCAL EFFECT
Any minor costs to elections officials would be state
reimbursable.
COMMENTS
1)Purpose . The genesis of this bill was Hurricane Sandy, which
struck the northeast U.S. one week before the 2012
Presidential Election. In the aftermath of this disaster, the
Los Angeles Department of Water & Power, SoCal Edison, San
Diego Gas & Electric, Pacific Gas & Electric, the California
Red Cross, the California Emergency Management Urban Search
and Rescue Team, and many other California residents went to
SB 362
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New York and New Jersey to volunteer. Many of the California
volunteers had little time to make special arrangements to
vote and the deadline to apply for a VBM ballot had already
passed. Consequently, the California Utilities Emergency
Association (CUEA), which oversees the state's national relief
efforts, found that several hundred utility workers were
unable to vote.
2)Related Legislation . AB 214 (Skinner), pending in the Senate
Appropriations, requires the Secretary of State to establish
procedures and guidelines for voting in the event of a natural
disaster or other state of emergency.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081