SB 365: Vote by mail ballot drop-off locations.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-10
Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to administer the provisions of the Elections Code. Existing law authorizes the Secretary of State to adopt regulations to ensure the uniform application and administration of state election laws.
Existing law sets forth procedures for processing vote by mail ballots and requires that all vote by mail ballots cast be received by the elections official or by the precinct board no later than the close of polls on election day. Under existing law, a vote by mail voter is required to return his or her voted vote by mail ballot either by returning the ballot by mail or in person to the elections official from whom it came or by returning the ballot in person to a member of a precinct board at a polling place within the jurisdiction.
This bill would permit a vote by mail voter to return his or her voted vote by mail ballot to the elections official from whom it came at a vote by mail ballot drop-off location, as defined. The bill would require the Secretary of State, on or before January 1, 2017, to promulgate regulations establishing guidelines based on best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and vote by mail ballot drop boxes, as defined.
Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to administer the provisions of the Elections Code. Existing law authorizes the Secretary of State to adopt regulations to ensure the uniform application and administration of state election laws.
Existing law sets forth procedures for processing vote by mail ballots and requires that all vote by mail ballots cast be received by the elections official or by the precinct board no later than the close of polls on election day. Under existing law, a vote by mail voter is required to return his or her voted vote by mail ballot either by returning the ballot by mail or in person to the elections official from whom it came or by returning the ballot in person to a member of a precinct board at a polling place within the jurisdiction.
This bill would permit a vote by mail voter to return his or her voted vote by mail ballot to the elections official from whom it came at a vote by mail ballot drop-off location, as defined. The bill would require the Secretary of State, on or before January 1, 2017, to promulgate regulations establishing guidelines based on best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and vote by mail ballot drop boxes, as defined.
Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to administer the provisions of the Elections Code. Existing law authorizes the Secretary of State to adopt regulations to assure ensure the uniform application and administration of state election laws.
Existing law sets forth procedures for processing vote by mail ballots and requires that all vote by mail ballots cast be received by the elections official or by the precinct board no later than the close of polls on election day. Under existing law, a vote by mail voter is required to return his or her voted vote by mail ballot either by returning the ballot by mail or in person to the elections official from whom it came or by returning the ballot in person to a member of a precinct board at a polling place within the jurisdiction.
This bill would permit a vote by mail voter to return his or her voted vote by mail ballot to the elections official from whom it came at a vote by mail ballot drop-off location, as defined. This The bill would require the Secretary of State, on or before January 1, 2017, to promulgate regulations establishing guidelines based on best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and vote by mail ballot drop boxes, as defined.
Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to administer the provisions of the Elections Code. Existing law authorizes the Secretary of State to adopt regulations to assure the uniform application and administration of state election laws.
Existing law sets forth procedures for processing vote by mail ballots and requires that all vote by mail ballots cast be received by the elections official or by the precinct board no later than the close of polls on election day. Under existing law, a vote by mail voter is required to return his or her voted vote by mail ballot either by returning the ballot by mail or in person to the elections official from whom it came or by returning the ballot in person to a member of a precinct board at a polling place within the jurisdiction.
This bill would permit a vote by mail voter to return his or her voted vote by mail ballot to the elections official from whom it came at a vote by mail ballot drop-off location, as defined. This bill would require the Secretary of State to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and vote by mail ballot drop boxes, as defined.
(a)All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail 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. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day.
(b)The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c)On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the countys elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d)The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e)Notwithstanding subdivision (a), a vote by mail voters ballot shall not be returned by a paid or volunteer worker of a general purpose committee, controlled committee, independent expenditure committee, political party, candidates campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision does not apply to a candidate or a candidates spouse.
SEC. 2.Section 3025 is added to the Elections Code, to read:3025.(a)For purposes of this section, the following terms have the following meanings:
(1)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(2)Vote by mail ballot drop-off location means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(b)On or before January 1, 2017, the Secretary of State shall promulgate regulations establishing guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes, that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations.
(a)All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail 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. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day.
(b)The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c)On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the countys elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d)The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e)Notwithstanding subdivision (a), a vote by mail voters ballot shall not be returned by a paid or volunteer worker of a general purpose committee, controlled committee, independent expenditure committee, political party, candidates campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision does not apply to a candidate or a candidates spouse.
SEC. 2.Section 3025 is added to the Elections Code, to read:3025.(a)For purposes of this section, the following terms have the following meanings:
(1)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(2)Vote by mail ballot drop-off location means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(b)On or before January 1, 2017, the Secretary of State shall promulgate regulations establishing guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes, that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations.
(a)All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail 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. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day.
(b)The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c)On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the countys elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d)The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e)Notwithstanding subdivision (a), a vote by mail voters ballot shall not be returned by a paid or volunteer worker of a general purpose committee, controlled committee, independent expenditure committee, political party, candidates campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision does not apply to a candidate or a candidates spouse.
SEC. 2.Section 3025 is added to the Elections Code, to read:3025.(a)For purposes of this section, the following terms have the following meanings:
(1)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(2)Vote by mail ballot drop-off location means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(b)The On or before January 1, 2017, the Secretary of State shall promulgate regulations establishing guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes, that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations.
(a)All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do either any of the following: (1) return the ballot by mail or in person to the elections official from whom it came or came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction. jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail 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. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day.
(b)The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c)On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the countys elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d)The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e)Notwithstanding subdivision (a), a vote by mail voters ballot shall not be returned by a paid or volunteer worker of a general purpose committee, controlled committee, independent expenditure committee, political party, candidates campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision does not apply to a candidate or a candidates spouse.
SEC. 2.Section 3025 is added to the Elections Code, to read:3025.(a)For purposes of this section, the following terms have the following meanings:
(1)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(2)Vote by mail ballot drop-off location means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(b)The Secretary of State shall promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations.
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Date
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Status
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|---|---|
| May 28, 2015 | Read second time. Ordered to third reading. |
| Oct 10, 2015 | Chaptered by Secretary of State. Chapter 733, Statutes of 2015. |
| Oct 10, 2015 | Approved by the Governor. |
| Sep 11, 2015 | Enrolled and presented to the Governor at 10:45 p.m. |
| Sep 9, 2015 | Read third time. Passed. (Ayes 56. Noes 23. Page 3025.) Ordered to the Senate. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Senate. |
| Sep 9, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jul 9, 2015 | Read second time. Ordered to third reading. |
| Jul 8, 2015 | From committee: Do pass. (Ayes 10. Noes 4.) (July 8). |
| Jul 1, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 1). Re-referred to Com. on APPR. |
| Jun 18, 2015 | Referred to Com. on E. & R. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 26. Noes 12.) Ordered to the Assembly. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 26. Noes 12. Page 1201.) Ordered to the Assembly. |
| Feb 24, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 28, 2015 | From committee: Do pass. (Ayes 5. Noes 2.) (May 28). |
| May 28, 2015 | From committee: Do pass. (Ayes 5. Noes 2. Page 1152.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| May 11, 2015 | May 11 hearing: Placed on APPR. suspense file. |
| May 5, 2015 | Set for hearing May 11. |
| May 4, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 14, 2015 | April 20 set for first hearing canceled at the request of author. |
| Apr 10, 2015 | Set for hearing April 20. |
| Apr 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 523.) (April 7). Re-referred to Com. on APPR. |
| Mar 24, 2015 | Set for hearing April 7. |
| Mar 5, 2015 | Referred to Com. on E. & C.A. |
| Feb 25, 2015 | From printer. May be acted upon on or after March 27. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Sep 9, 2015 | SB 365 Pavley Senate Third Reading By MULLIN | Assembly Floor |
Passed |
|
| Jul 8, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 1, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| Jun 1, 2015 | Senate 3rd Reading SB365 Pavley | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 11, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Voter Foundation | * Support | Jul 1, 2015 |
| CALPIRG | ** Support | Jul 1, 2015 |
| League Of Women Voters Of California | ** Support | Jun 1, 2015 |
| Secretary of State | ** Support | Jun 1, 2015 |
| Secretary of State Alex Padilla | ** Support | Jul 1, 2015 |
| SEIU California State Council | * Support | Jul 1, 2015 |
SB 365
Page 2
SENATE THIRD READING
SB 365
(Pavley)
As Amended May 4, 2015
Majority vote
SENATE VOTE: 26-12
Committee |
Votes |
Ayes |
Noes |
Elections |
5-1 |
Ridley-Thomas, Gatto, Gordon, Mullin, Perea |
Grove |
Appropriations |
10-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones |
SUMMARY: Authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, as specified. Specifically, this bill:
Permits a VBM voter to return a VBM ballot to the elections official from whom it came at a VBM drop-off location, if provided in accordance with this bill.
Defines the following terms for the purposes of this bill:
"VBM ballot drop box" to mean 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.
"VBM drop-off location" to mean a location consisting of a secured VBM ballot drop box at which a voted VBM ballot may be returned to the elections official from whom it was obtained.
Requires the Secretary of State (SOS), on or before January 1, 2017, to promulgate regulations establishing best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the VBM drop boxes, that a county elections official may use if the official establishes one or more VBM ballot drop-off locations.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor one-time General Fund costs (around $55,000) for the SOS to promulgate the regulations.
COMMENTS: According to the author, "California law has actively evolved to facilitate vote by mail. Since 1990, vote-by-mail use has grown from approximately 18% of the total votes cast, to over 60% of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home…
"Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service. For example, in the November 2014 election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location. This may have contributed to the fact that only 38% of voters in Los Angeles County used VBM – nearly 20% lower than any other county in the state.
"SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official. In addition, the measure ensures the safety of these drop-off locations by directing the Secretary of State to establish suggested best practices for counties that choose to implement VBM drop-off locations..."
While existing law does not specifically address VBM ballot drop-off locations, in practice, an unknown number of counties currently establish VBM drop-off sites. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their voted VBM ballot prior to election day. The county requires that all facilities be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on election day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site.
Statistics show that voters are choosing to cast a VBM ballot more and more each election. For instance, in the November 2004 general election approximately 32% of voters cast a VBM ballot. In the November 2014 general election over 60% of voters cast VBM ballots. However, studies have shown that not all VBM ballots are being returned via the mail – many voters are instead choosing to drop off their VBM ballot at a drop box on or close to election day. For example, one study found that in the November 2014 general election, over 26% of those that voted using a VBM ballot returned their ballot at a polling place instead mailing or dropping it off at the counter in an elections official's office.
This bill, which permits county elections officials to set up VBM ballot drop off locations, as specified, will help ensure there are more secure and convenient locations in which a voter may drop off their voted VBM ballot.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001160
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 365
(Pavley) – As Amended May 4, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
5 - 1 |
|
|
|
|
|
|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill:
Authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, as specified.
Requires the Secretary of State (SOS), by January 1, 2017, to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if establishing one or more VBM ballot drop-off locations.
FISCAL EFFECT:
Minor one-time General Fund costs (around $55,000) for the SOS to promulgate the regulations.
COMMENTS:
Background. While existing law does not specifically address VBM ballot drop-off locations, in practice, an unknown number of counties currently establish VBM drop-off sites. For example, Sacramento County designates facilities throughout the county where voters can drop-off their voted VBM ballot prior to election day. The county requires that all facilities be accessible to voters with disabilities and have at least one person monitor the station. Sites include city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on election day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets.
Purpose. According to the author, "Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service. For example, in the November 2014 election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location…"
"SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official. In addition, the measure ensures the safety of these drop-off locations by directing the Secretary of State to establish suggested best practices for counties that choose to implement VBM drop-off locations."
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 365
Page 4
Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
SB 365
(Pavley) – As Amended May 4, 2015
SENATE VOTE: 26-12
SUBJECT: Vote by mail ballot drop-off locations.
SUMMARY: Authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, as specified. Specifically, this bill:
Permits a VBM voter to return a VBM ballot to the elections official from whom it came at a VBM drop-off location, if provided in accordance with this bill.
Defines the following terms for the purposes of this bill:
"VBM ballot drop box" to mean 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.
"VBM drop-off location" to mean a location consisting of a secured VBM ballot drop box at which a voted VBM ballot may be returned to the elections official from whom it was obtained.
Requires the Secretary of State (SOS), on or before January 1, 2017, to promulgate regulations establishing best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the VBM drop boxes, that a county elections official may use if the county elections official establishes one or more VBM ballot drop-off locations.
EXISTING LAW:
1) Requires all VBM ballots to be voted on or before the day of the
election. Requires a VBM ballot voter, after marking the ballot, to
either return the ballot by mail or in person to the elections
official from whom it came or return the ballot in person to a member
of a precinct board at a polling place within the jurisdiction.
2) Permits 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.
3) Prohibits a ballot from being counted if it is not delivered in
compliance with the aforementioned sections.
4) Requires an elections official 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.
FISCAL
EFFECT: According to the Senate Appropriations Committee,
approximately $55,000 in administrative expenses to the General Fund.
The SOS indicates costs of approximately $55,000 to promulgate
regulations.
COMMENTS:
Purpose of the Bill: According to the author:
California law has actively evolved to facilitate vote by mail. Since 1990, vote-by-mail use has grown from approximately 18 percent of the total votes cast, to over 60 percent of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home.
SB 365 continues California’s policy of decreasing barriers
to vote-by-mail adoption. The measure will make voting more
convenient for the public, help increase voter turn-out, and ensure
drop-off locations are secure. Presently, there is an ambiguity in
current law around additional drop-off locations that may be creating
a potential barrier to counties seeking to expand this service. For
example, in the November 2014 election, Los Angeles County, which has
a population of more than 10 million people and is over 4,700 square
miles in size, had one drop-off location. This may have contributed
to the fact that only 38 percent of voters in Los Angeles County used
VBM—nearly 20 percent lower than any other county in the state.
SB 365 will clarify that additional drop off locations are valid
methods of delivering VBM ballots to the elections official. In
addition, the measure ensures the safety of these drop-off locations
by directing the Secretary of State to establish suggested best
practices for counties that choose to implement VBM drop-off
locations. Voting by mail has become a great asset for busy voters
and a potential means for increasing participation. This bill will
ensure that voters will continue to have the opportunity to drop
their ballot off closer to home.
Current Practice: As mentioned above, current law requires a voted VBM ballot to be returned by mail or in person to the elections official from whom it came from or returned in person to a member of a precinct board at a polling place within the jurisdiction in which the person is registered to vote. Moreover, any voter who is unable to return a voted VBM ballot by mail, or drop it off at the elections office or polling place may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the ballot on his or her behalf. In addition, existing law 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.
This bill adds another option for returning a VBM ballot and permits a voter to return a voted VBM ballot to a VBM ballot drop-off location, as defined, to the elections official from whom it came. In addition, in order to ensure security, this bill requires the SOS to promulgate regulations establishing best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail drop boxes, that a county elections official may use if the county elections official establishes one or more VBM ballot drop-off locations.
Existing VBM Ballot Drop-Off Sites: While existing law does not specifically address VBM ballot drop-off locations, in practice, an unknown number of counties currently establish VBM drop-off sites. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their voted VBM ballot prior to election day. The county requires that all facilities be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on election day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site.
Moreover, a few counties, such as Kings County, utilize a ballot drop-off van as well. According to the Kings County Elections website, voters are encouraged to check the County's website or the voter pamphlet for a list of drop box and van locations. Information about hours and locations of ballot drop boxes and vans are available approximately 30 days prior to each election. To ensure ballots that are dropped off at drop-off boxes are secure, in practice, Kings County elections officials regularly collect the ballots from each drop box and there are at least two official elections workers present at the temporary locations serviced by a van. However, regardless of location, two official elections workers use a chain of custody process to transport all ballots.
VBM Data: Statistics show that voters are choosing to cast a VBM ballot more and more each election. For instance, in the November 2004 general election approximately 32 percent of voters cast a VBM ballot. In the November 2014 general election over 60 percent of voters cast their VBM ballots. However, studies have shown that not all VBM ballots are being returned via the mail – many voters are instead choosing to drop off their VBM ballot at a drop box on or close to election day. For example, one study found that in the November 2014 general election, over 26 percent of those that voted by mail returned their ballot at a polling place instead mailing or dropping it off at the counter in an elections official's office.
This bill, which permits county elections officials to set up VBM ballot drop off locations, as specified, will help ensure there are more secure and convenient locations in which a voter may drop off their voted VBM ballot.
Arguments in Support: In support, the California Voter Foundation (CVF), writes:
Last August, CVF published a report on an in-depth study we conducted
on three counties' vote-by-mail [VBM] programs… In our study, we
found two counties (Sacramento and Santa Cruz) used drop boxes
located at other governmental buildings throughout the county, such
as city halls and libraries and one (Orange) did not (other than a
drop box immediately outside the county election office). When the
drop box option is available, voters utilize it. In November 2012,
17 percent of Santa Cruz County's VBM voters and 9 percent of
Sacramento County's VBM voters returned their ballots at drop boxes.
Overall, in the three counties studies, CVF found that a growing
number of VBM voters prefer to return their ballots in person, at a
drop box or at a polling place on Election Day, thus eliminating the
need for postage and reducing the risk and time involved when ballots
are delivered by the U.S. Postal Service. In Santa Cruz for example,
the percentage of voters returning their ballots in person rose from
40 percent in 2008 to 48 percent in 2012.
Related Legislation: SB 450 (Allen), which is pending in this committee, requires county elections officials, if they choose to conduct an election as an all-mailed ballot election, to have at least one ballot drop-off location within the jurisdiction where the election is held, as specified, among other provisions.
Previous Legislation: SB 240 (Yee) of 2013, which was substantively similar to this bill, died in the Assembly Rules Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Council of the Service Employees International Union
California Voter Foundation
CALPIRG
Secretary of State Alex Padilla
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
SB 365
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 365
Amended: 5/4/15
SENATE ELECTIONS & C.A. COMMITTEE: 3-1, 4/7/15
AYES: Allen, Hancock, Hertzberg
NOES: Anderson
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Vote by mail ballot drop boxes
DIGEST: This bill authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, and requires the Secretary of State (SOS) to promulgate regulations establishing guidelines on best practices for security measures and procedures no later than January 1, 2017.
Existing law:
Provides that all VBM ballots shall 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.
Permits 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.
Provides that a ballot shall not be counted if it is not delivered in compliance with the aforementioned sections.
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.
This bill:
Authorizes a VBM voter to return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location.
Defines “vote by mail ballot drop box” as a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
Defines “vote by mail ballot drop-off location” as a location consisting of a secured vote by mail ballot drop box at which a voted VBM ballot may be returned.
Requires the Secretary of State to promulgate regulations on or before January 1, 2017. The regulations must establish guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes that the county may use if establishing the VBM drop-off locations.
Background
Existing VBM Ballot Drop-Off Sites. An unknown number of counties currently establish VBM drop-off sites although existing law does not specifically address them. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their ballots prior to Election Day. The county requires that all facilities must be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on Election Day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site.
As the state’s voter rolls increase, many voters are also taking advantage of its VBM system, where a ballot is mailed to a voter. In the 2014 Primary Election, over 69 percent of voters and in the 2014 General Election, over 60.5 percent of voters took advantage of the VBM system and either mailed or dropped off their completed ballots.
Comments
According to the author, California law has actively evolved to facilitate VBM. Since 1990, VBM use has grown from approximately 18 percent of the total votes cast, to over 60 percent of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home.
SB 365 continues California’s policy of decreasing barriers to VBM adoption. The measure will make voting more convenient for the public, help increase voter turn-out, and ensure drop-off locations are secure. Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service.
For example, in the November 2014 Election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location. This may have contributed to the fact that only 38 percent of voters in Los Angeles County used VBM - nearly 20 percent lower than any other county in the state.
SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official.
Related/Prior Legislation
SB 240 (Yee of 2013 as last amended), was substantively similar to this bill but died in the Assembly.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Approximately $55,000 in administrative expenses (General Fund)
The Secretary of State indicates costs of approximately $55,000 to promulgate regulations.
California Public Interest Research Group
California State Council of the Service Employees International Union
California Voter Foundation
League of Women Voters of California
Secretary of State
OPPOSITION: (Verified 5/27/15)
None received
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
5/30/15 19:11:39
**** END ****
SB 365
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 365
Introduced: 2/24/15
SENATE ELECTIONS & C.A. COMMITTEE: 3-1, 4/7/15
AYES: Allen, Hancock, Hertzberg
NOES: Anderson
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Vote by mail ballot drop boxes
DIGEST: This bill authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, and requires the Secretary of State (SOS) to promulgate regulations establishing guidelines on best practices for security measures and procedures no later than January 1, 2017.
Existing law:
Provides that all VBM ballots shall 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.
Permits 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.
Provides that a ballot shall not be counted if it is not delivered in compliance with the aforementioned sections.
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.
This bill:
Authorizes a VBM voter to return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location.
Defines “vote by mail ballot drop box” as a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
Defines “vote by mail ballot drop-off location” as a location consisting of a secured vote by mail ballot drop box at which a voted VBM ballot may be returned.
Requires the Secretary of State to promulgate regulations on or before January 1, 2017. The regulations must establish guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes that the county may use if establishing the VBM drop-off locations.
Background
Existing VBM Ballot Drop-Off Sites. An unknown number of counties currently establish VBM drop-off sites although existing law does not specifically address them. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their ballots prior to Election Day. The county requires that all facilities must be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on Election Day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site.
As the state’s voter rolls increase, many voters are also taking advantage of its VBM system, where a ballot is mailed to a voter. In the 2014 Primary Election, over 69 percent of voters and in the 2014 General Election, over 60.5 percent of voters took advantage of the VBM system and either mailed or dropped off their completed ballots.
Comments
According to the author, California law has actively evolved to facilitate VBM. Since 1990, VBM use has grown from approximately 18 percent of the total votes cast, to over 60 percent of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home.
SB 365 continues California’s policy of decreasing barriers to VBM adoption. The measure will make voting more convenient for the public, help increase voter turn-out, and ensure drop-off locations are secure. Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service.
For example, in the November 2014 Election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location. This may have contributed to the fact that only 38 percent of voters in Los Angeles County used VBM - nearly 20 percent lower than any other county in the state.
SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official.
Prior Legislation
SB 240 (Yee of 2013 as last amended), was substantively similar to this bill but died in the Assembly.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Approximately $55,000 in administrative expenses (General Fund)
The Secretary of State indicates costs of approximately $55,000 to promulgate regulations.
California Public Interest Research Group
California State Council of the Service Employees International Union
California Voter Foundation
League of Women Voters of California
Secretary of State
OPPOSITION: (Verified 5/27/15)
None received
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
5/29/15 17:14:05
**** END ****
SB 365 (Pavley) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 365 (Pavley) - Vote by mail ballot drop boxes
|
|
Version: May 4, 2015 |
Policy Vote: E. & C.A. 3 - 1 |
Urgency: No |
Mandate: No |
Hearing Date: May 28, 2015 |
Consultant: Maureen Ortiz |
SUSPENSE FILE.
Bill Summary:
SB 365 authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, and requires the Secretary of State (SOS) to promulgate regulations establishing guidelines for security measures and procedures no later than January 1, 2017.
Fiscal Impact:
Approximately $55,000 in administrative expenses (General Fund)
The Secretary of State indicates costs of approximately $55,000 to promulgate regulations.
Background:
Existing law provides that all VBM ballots shall be voted on or before the day of the election. After marking the ballot, the VBM voter must either return the ballot by mail or in person at the county elections office, or return it to a member of a precinct board at a polling place within the jurisdiction.
Any voter who is unable to return the voted VBM by mail, or drop it off at the elections office or polling place may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the ballot on his or her behalf.
Elections officials must 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 365 does the following:
1) Authorizes a VBM voter to return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location.
2) Defines “vote by mail ballot drop box” as a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
3) Defines “vote by mail ballot drop-off location” as a location consisting of a secured vote by mail ballot drop box at which a voted VBM ballot may be returned.
4) Requires the Secretary of State to promulgate regulations on or before January 1, 2017. The regulations must establish guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes that the county may use if establishing the VBM drop-off locations.
Related Legislation:
This bill is similar to SB 240 (Yee) of 2013 which would have required the establishment of VBM ballot drop-off boxes at colleges and universities. That bill failed passage in the Assembly.
Staff Comments:
Staff notes that a number of counties already provide ballot drop-off boxes at locations such as libraries, city halls, county offices, non-profit and community organizations, and others.
SB 365 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.
-- END --
SB 365 (Pavley) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 365 (Pavley) - Vote by mail ballot drop boxes
|
|
Version: May 4, 2015 |
Policy Vote: E. & C.A. 3 - 1 |
Urgency: No |
Mandate: No |
Hearing Date: May 11, 2015 |
Consultant: Maureen Ortiz |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 365 authorizes county elections officials to establish vote by mail (VBM) ballot drop-off locations, and requires the Secretary of State (SOS) to promulgate regulations establishing guidelines for security measures and procedures no later than January 1, 2017.
Fiscal Impact:
Approximately $55,000 in administrative expenses (General Fund)
The Secretary of State indicates costs of approximately $55,000 to promulgate regulations.
Background:
Existing law provides that all VBM ballots shall be voted on or before the day of the election. After marking the ballot, the VBM voter must either return the ballot by mail or in person at the county elections office, or return it to a member of a precinct board at a polling place within the jurisdiction.
Any voter who is unable to return the voted VBM by mail, or drop it off at the elections office or polling place may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the ballot on his or her behalf.
Elections officials must 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 365 does the following:
1) Authorizes a VBM voter to return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location.
2) Defines “vote by mail ballot drop box” as a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
3) Defines “vote by mail ballot drop-off location” as a location consisting of a secured vote by mail ballot drop box at which a voted VBM ballot may be returned.
4) Requires the Secretary of State to promulgate regulations on or before January 1, 2017. The regulations must establish guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of the vote by mail ballot drop boxes that the county may use if establishing the VBM drop-off locations.
Related Legislation:
This bill is similar to SB 240 (Yee) of 2013 which would have required the establishment of VBM ballot drop-off boxes at colleges and universities. That bill failed passage in the Assembly.
Staff Comments:
Staff notes that a number of counties already provide ballot drop-off boxes at locations such as libraries, city halls, county offices, non-profit and community organizations, and others.
SB 365 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.
-- END --
SB 365 (Pavley) Page 3 of 3
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: SB 365 Hearing Date: 4/7/15
Author: |
Pavley |
||
Version: |
2/24/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Frances Tibon Estoista |
||
Subject: Vote by mail ballot drop boxes
DIGEST
This bill permits a vote by mail (VBM) voter to return his or her voted VBM ballot to the elections official from whom it came at a VBM ballot drop-off location, as defined. This bill requires the Secretary of State (SOS) to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations and VBM ballot drop boxes.
ANALYSIS
Existing law:
Provides that all VBM ballots shall 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.
Permits 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.
Provides that a ballot shall not be counted if it is not delivered in compliance with the aforementioned sections.
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.
This bill:
Allows a VBM voter to return their ballot to the elections official from whom it came at a VBM ballot drop-off location, if provided.
Defines a VBM 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.
Defines a VBM ballot drop-off location as a location consisting of a secured VBM ballot drop box at which a voted VBM ballot may be returned to the elections official from whom it was obtained.
Require SOS to promulgate regulations establishing best practices for security measures and procedures that a county elections official may use if the county elections official establishes one or more VBM ballot drop-off locations.
BACKGROUND
Existing VBM Ballot Drop-Off Sites. An unknown number of counties currently establish VBM drop-off sites although existing law does not specifically address them. One of those counties, Sacramento County, designates facilities throughout the county where voters can drop-off their ballots prior to Election Day. The county requires that all facilities must be accessible to voters with disabilities and have at least one person monitor the station. Sites include facilities such as city halls, county departments, assisted living facilities, local businesses, non-profit and community organizations, and facilities that already serve as polling places on Election Day. A list of the VBM drop-off sites is included in Sacramento County's sample ballot booklets. The Sacramento County system is designed so that a voter or someone designated by the voter must hand their voted VBM ballot to the person monitoring the drop-off site.
As the state’s voter rolls increase, many voters are also taking advantage of its VBM system, where a ballot is mailed to a voter. In the 2014 Primary Election, over 69% of voters and in the 2014 General Election, over 60.5% of voters took advantage of the VBM system and either mailed or dropped off their completed ballots.
COMMENTS
According to the Author: California law has actively evolved to facilitate vote by mail. Since 1990, vote-by-mail use has grown from approximately 18 percent of the total votes cast, to over 60 percent of the votes in the last general election in November 2014. In an effort to further motivate VBM voters, some counties have begun to provide additional drop-off locations. These additional drop-off locations (e.g., public libraries, city government offices, senior centers) allow busy voters to drop off their ballots much closer to home.
SB 365 continues California’s policy of decreasing barriers to vote-by-mail adoption. The measure will make voting more convenient for the public, help increase voter turn-out, and ensure drop-off locations are secure. Presently, there is an ambiguity in current law around additional drop-off locations that may be creating a potential barrier to counties seeking to expand this service.
For example, in the November 2014 election, Los Angeles County, which has a population of more than 10 million people and is over 4,700 square miles in size, had one drop-off location. This may have contributed to the fact that only 38 percent of voters in Los Angeles County used VBM—nearly 20 percent lower than any other county in the state.
SB 365 will clarify that additional drop off locations are valid methods of delivering VBM ballots to the elections official.
RELATED/PRIOR LEGISLATION
SB 240 (Yee) of 2013 (as last amended), was substantively similar to this bill but died in the Assembly.
POSITIONS
Sponsor: Author
Support: California State Council of the Service Employees International Union
Oppose: None received
-- END --
Discussed in Hearing
2MIN
Assembly Floor
5MIN
Assembly Standing Committee on Appropriations
9MIN
Assembly Standing Committee on Elections and Redistricting
2MIN
Senate Floor
Bill Author
Bill Co-Author(s):