Existing law requires that the vote by mail ballot be available to any registered voter and that the Secretary of State prepare and distribute to appropriate elections officials uniform printed and electronic applications for vote by mail ballots. Existing law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.

Existing law requires elections officials to establish processes and systems for a voter to verify that his or her vote by mail ballot or provisional ballot was counted.

This bill would require that the state voter information guide display the Internet Web site address for a voter to check the status of his or her vote by mail or provisional ballot.

Existing law requires that the vote by mail ballot be available to any registered voter and that the Secretary of State prepare and distribute to appropriate elections officials uniform printed and electronic applications for vote by mail ballots. Existing law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.

Existing law requires elections officials to establish processes and systems for a voter to verify that his or her vote by mail ballot or provisional ballot was counted.

This bill would require that the state voter information guide display the Internet Web site address for a voter to check the status of his or her vote by mail or provisional ballot.

Existing law requires that the vote by mail ballot be available to any registered voter and that the Secretary of State prepare and distribute to appropriate elections officials uniform printed and electronic applications for vote by mail ballots. Existing law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.

This bill would require that the state voter information guide display the Internet Web site address for the VoteCal statewide voter registration database at the bottom of the front page of the guide. a voter to check the status of his or her vote by mail or provisional ballot.

Existing law requires that the vote by mail ballot be available to any registered voter and that the Secretary of State prepare and distribute to appropriate elections officials uniform printed and electronic applications for vote by mail ballots. Existing law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.

Under the existing federal Help America Vote Act of 2002, the Secretary of State is required to implement a computerized statewide voter registration list, the VoteCal project, that serves as the single system for storing and managing the official list of registered voters.

This bill would require that the state voter information guide display the Internet Web site address for the VoteCal statewide voter registration database at the bottom of the front page of the guide.

 CONSENT  

Bill No: AB 1044

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 6/6/17

AYES: Anderson, Allen, Hertzberg, Leyva

NO VOTE RECORDED: Stern

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Secretary of State (SOS) to include an Internet Web site address in the state voter information guide at which a voter may access to check the status of his or her vote by mail (VBM) or provisional ballot.

ANALYSIS:

Existing law:

1. Requires a VBM ballot be available to any registered voter.
2. Requires the SOS to prepare and mail a state voter information guide to registered voters, as specified.
3. Requires a county elections official to establish a free access system that allows a VBM voter or a provisional voter to learn if his or her ballot was counted and, if not, the reason why the ballot was not counted. Requires the elections official to make the free access system available to a VBM voter upon completion of the official canvass and for 30 days after completion of the official canvass.

This bill requires the SOS to include an Internet Web site address in the state voter information guide at which a voter may access to check the status of his or her VBM or provisional ballot.

Background

Status Checking your Vote by Mail and Provisional Ballot. On October 29, 2002, President George W. Bush signed Help America Vote Act of 2002 (HAVA). Enacted partially in response to the 2000 Presidential election, HAVA was designed to improve the administration of federal elections. Among other provisions, HAVA requires each state or local elections official to establish a "free access system," such as a toll-free telephone number for voters to call or an Internet Web site that voters can access free of charge, through which a voter who cast a provisional ballot can ascertain whether or not their vote was counted, and, if it was not counted, the reason why it was not counted.

In 2013, the Legislature passed and the Governor signed SB 589 (Hill, Chapter 280, Statutes of 2013), which required county elections officials to establish a free access system that allows a VBM voter to learn whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted. Additionally, SB 589 clarified that a county elections official may use a free access system for provisional ballots established by the county pursuant to the federal HAVA to implement the requirements of SB 589. In California every county elections official allows a voter to check the status of his or her VBM and provisional ballot either through the county website, by telephone, or both.

Comments

1. According to the author, under the existing federal Help America Vote Act of 2002, the Secretary of State is required to implement a computerized statewide voter registration list that will serve as the single system for storing and managing the official list of registered voters.
   
   Existing state law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.
   
   The majority of Californian voters cast their ballots by mail. In the 2016 General Election, over 57% of California voters received their ballot by mail. In 23 counties, the vote-by-mail rate is over 70%. This makes California one of the leading states in vote-by-mail balloting.

The vote-by-mail process can be more convenient for voters who are unable or unwilling to contend with lines at polling places on Election Day. However, voting by mail is not a voting option without risk. Outdated laws, new administrative policies, and the realities of the political process today introduce obstacles voters may not be aware of.

California has [led] the way in improving voter access. Unfortunately, voters may unknowingly disenfranchise themselves. Very few voters know they have the right to learn of the ballot they cast via mail was counted. AB 1044 will fix that specifically, AB 1044 will require that the state voter information guide… [display] the Internet Web site address for voters to check the status of their vote by mail ballot.

Related/Prior Legislation

SB 589 (Hill, Chapter 280, Statutes of 2013), among other things, required county elections officials to establish a free access system that allows a VBM voter to learn whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted.

AB 293 (Hill of 2011), would have required the elections official to establish a free access system that allows a VBM voter to find out whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted. AB 293 was vetoed by the Governor, who, although he supported the author’s intent, vetoed the measure based on the new mandate.

AB 2616 (Hill of 2010), which was substantially similar to AB 293, was vetoed by the Governor, who wrote in his veto message, "I cannot support mandating additional costs in this time of fiscal crisis. Nothing in current law prohibits county elections officials from providing this information and I would encourage them to do so as resources allow."

AB 84 (Hill of 2009), which was substantially similar to AB 2616, was also vetoed by the Governor who expressed concern that it could result in additional costs to local governments.

AB 2964 (Levine of 2008), which was substantially similar to AB 84, was vetoed by the Governor, though the Governor did not express any policy objections to the bill.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/17)

Disability Rights California

OPPOSITION: (Verified 6/27/17)

None received

ASSEMBLY FLOOR: 76-0, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by: Darren Chesin

6/27/17 17:04:45

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/6/17

Subject: State voter information guide: vote by mail and provisional ballot verification

DIGEST

This bill requires the Secretary of State (SOS) to include an Internet Web site address in the state voter information guide at which a voter may access to check the status of his or her vote by mail (VBM) or provisional ballot.

ANALYSIS

Existing law:

1. Requires a VBM ballot be available to any registered voter.
2. Requires the SOS to prepare and mail a state voter information guide to registered voters, as specified.
3. Requires a county elections official to establish a free access system that allows a VBM voter or a provisional voter to learn if his or her ballot was counted and, if not, the reason why the ballot was not counted. Requires the elections official to make the free access system available to a VBM voter upon completion of the official canvass and for 30 days after completion of the official canvass.

This bill:

1. Requires the SOS to include an Internet Web site address in the state voter information guide at which a voter may access to check the status of his or her VBM or provisional ballot.

BACKGROUND

Status Checking your Vote by Mail and Provisional Ballot: On October 29, 2002, President George W. Bush signed Help America Vote Act of 2002 (HAVA). Enacted partially in response to the 2000 Presidential election, HAVA was designed to improve the administration of federal elections. Among other provisions, HAVA requires each state or local elections official to establish a "free access system," such as a toll-free telephone number for voters to call or an Internet Web site that voters can access free of charge, through which a voter who cast a provisional ballot can ascertain whether or not their vote was counted, and, if it was not counted, the reason why it was not counted.

In 2013, the Legislature passed and the Governor signed SB 589 (Hill, Chapter 280, Statutes of 2013), which required county elections officials to establish a free access system that allows a VBM voter to learn whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted. Additionally, SB 589 clarified that a county elections official may use a free access system for provisional ballots established by the county pursuant to the federal HAVA to implement the requirements of SB 589. In California every county elections official allows a voter to check the status of his or her VBM and provisional ballot either through the county website, by telephone, or both.

COMMENTS

1. According to the author: Under the existing federal Help America Vote Act of 2002, the Secretary of State is required to implement a computerized statewide voter registration list that will serve as the single system for storing and managing the official list of registered voters.
   
   Existing state law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.
   
   The majority of Californian voters cast their ballots by mail. In the 2016 General Election, over 57% of California voters received their ballot by mail. In 23 counties, the vote-by-mail rate is over 70%. This makes California one of the leading states in vote-by-mail balloting.

The vote-by-mail process can be more convenient for voters who are unable or unwilling to contend with lines at polling places on Election Day. However, voting by mail is not a voting option without risk. Outdated laws, new administrative policies, and the realities of the political process today introduce obstacles voters may not be aware of.

California has [led] the way in improving voter access. Unfortunately, voters may unknowingly disenfranchise themselves. Very few voters know they have the right to learn of the ballot they cast via mail was counted. AB 1044 will fix that specifically, AB 1044 will require that the state voter information guide… [display] the Internet Web site address for voters to check the status of their vote by mail ballot.

RELATED/PRIOR LEGISLATION

SB 589 (Hill, Ch. 280, Statutes of 2013), among other things, required county elections officials to establish a free access system that allows a VBM voter to learn whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted.

AB 293 (Hill of 2011), would have required the elections official to establish a free access system that allows a VBM voter to find out whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted. AB 293 was vetoed by the Governor, who, although he supported the author’s intent, vetoed the measure based on the new mandate.

AB 2616 (Hill of 2010), which was substantially similar to AB 293, was vetoed by the Governor, who wrote in his veto message, "I cannot support mandating additional costs in this time of fiscal crisis. Nothing in current law prohibits county elections officials from providing this information and I would encourage them to do so as resources allow."

AB 84 (Hill of 2009), which was substantially similar to AB 2616, was also vetoed by the Governor who expressed concern that it could result in additional costs to local governments.

AB 2964 (Levine of 2008), which was substantially similar to AB 84, was vetoed by the Governor, though the Governor did not express any policy objections to the bill.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: Disability Rights California

Oppose: None received

-- END --

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1044

Author:(Quirk) – As Amended Ver:March 29, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Secretary of State (SOS) to include an Internet Web site address in the state voter information guide at which a voter may check the status of his or her vote by mail (VBM) or provisional ballot.

FISCAL EFFECT:

No cost to SOS because the SOS has already developed the required Internet Website and is already required under existing law to send each registered voter a voter information guide.

COMMENTS:

1. Background. Federal law requires the state to have a uniform statewide voter registration database that meets specific requirements and is administered at the state level. California’s prior voter database system did not meet some of the requirements of federal law and so the state developed a new voter registration database, commonly known as “VoteCal”. VoteCal was certified by the SOS in September 2016 as the official system of record for voter registration in California. Among other features, VoteCal includes a publically available Internet Website that allows voters to check if their VBM or provisional ballot was counted by their county elections official, and if not, the reason why it was not counted.

Existing law also requires the SOS to send each registered voter a state voter information guide for each statewide election that contains a complete copy of each state measure, arguments and rebuttals for and against each state measure, an analysis of each state measure, as well as other relevant information.

1. Purpose. According to the author, “Vote-by-mail (VBM) voters submit their ballots and think their vote counted, not knowing how to identify if their ballots are rejected.” By providing the Internet Website where voters can check the status of their VBM or provisional ballots, voters will be able to know whether their ballot was counted, and if not, the reason why it was not counted.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Evan Low, Chair

ABPCA Bill Id:AB 1044 (

Author:Quirk) – As Amended Ver:March 29, 2017

SUBJECT: State voter information guide: vote by mail and provisional ballot verification.

SUMMARY: Requires the Secretary of State (SOS) to include an Internet Web site address in the state voter information guide at which a voter may access to check the status of his or her vote by mail (VBM) or provisional ballot.

EXISTING LAW:

1. Requires a VBM ballot be available to any registered voter.
2. Requires the SOS to prepare and mail a state voter information guide to registered voters, as specified.
3. Requires a county elections official to establish a free access system that allows a VBM voter or a provisional voter to learn if his or her ballot was counted and, if not, the reason why the ballot was not counted. Requires the elections official to make the free access system available to a VBM voter upon completion of the official canvass and for 30 days after completion of the official canvass.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

Under the existing federal Help America Vote Act of 2002, the Secretary of State is required to implement a computerized statewide voter registration list that will serve as the single system for storing and managing the official list of registered voters.

Existing state law requires that each ballot delivered to a qualified applicant be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide.

The majority of Californian voters cast their ballots by mail. In the 2016 General Election, over 57% of California voters received their ballot by mail. In 23 counties, the vote-by-mail rate is over 70%. This makes California one of the leading states in vote-by-mail balloting.

The vote-by-mail process can be more convenient for voters who are unable or unwilling to contend with lines at polling places on Election Day. However, voting by mail is not a voting option without risk. Outdated laws, new administrative policies, and the realities of the political process today introduce obstacles voters may not be aware of.

California has [led] the way in improving voter access. Unfortunately, voters may unknowingly disenfranchise themselves. Very few voters know they have the right to learn of the ballot they cast via mail was counted. AB 1044 will fix that specifically, AB 1044 will require that the state voter information guide… [display] the Internet Web site address for voters to check the status of their vote by mail ballot.

1. Vote by Mail and Provisional Ballot Status: On October 29, 2002, President George W. Bush signed Help America Vote Act of 2002 (HAVA). Enacted partially in response to the 2000 Presidential election, HAVA was designed to improve the administration of federal elections. Among other provisions, HAVA requires each state or local elections official to establish a "free access system," such as a toll-free telephone number for voters to call or an Internet website that voters can access free of charge, through which a voter who cast a provisional ballot can ascertain whether or not their vote was counted, and, if it was not counted, the reason why it was not counted.
   
   In 2013, the Legislature passed and the Governor signed SB 589 (Hill), Chapter 280, Statutes of 2013, which required county elections officials to establish a free access system that allows a VBM voter to learn whether his or her VBM ballot was counted and, if not, the reason why the ballot was not counted. Additionally, SB 589 clarified that a county elections official may use a free access system for provisional ballots established by the county pursuant to the federal HAVA to implement the requirements of SB 589. In California every county elections official allows a voter to check the status of his or her VBM and provisional ballot either through the county website, by telephone, or both.
   
2. VoteCal: HAVA also requires every state to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level. This statewide voter registration list serves as the official list of eligible voters for any federal election held within the state. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy many of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter. Discussions between the United States Department of Justice and the SOS led to the adoption of a memorandum of agreement (MOA) between the two parties. In that MOA, the SOS committed to further upgrades to the Calvoter system to achieve short-term interim compliance with the requirements of HAVA, and to complete development and implementation of a longer-term solution for replacing the Calvoter system with a new permanent statewide voter registration system. That new permanent system is commonly known as VoteCal.
   
   Last September, the SOS certified VoteCal and declared it to be the system of record for voter registration in California. VoteCal's many functions will improve service to voters such as connecting the SOS and all 58 counties offices to improve the voter registration process, provide a single, official statewide database of voter registration information, and provide a publically available website which allows a voter to register online, check their voter registration status, find their polling place, opt-out of being mailed a state voter information guide and check if their VBM or provisional ballot was counted by their county elections official and, if not, the reason why it was not counted.
3. State Voter Information Guide: Current law requires the SOS to send each registered voter a state voter information guide that contains a complete copy of each state measure, arguments and rebuttals for and against each state measure, an analysis of each state measure, the Voter Bill of Rights, and tables of contents, indexes, graphics and other materials that the SOS determines will make the state voter information guide easier to understand, among other information. In practice, after statutory requirements are met and if there are extra blank pages in the state voter information guide, the SOS will add additional information that is important and useful to voters, such as information about voting by mail, provisional voting, early voting, voter registration, voter registration privacy information, and assistance for voters with disabilities.
   
   This bill requires the SOS to include a Internet Web site address that a voter may access to check the status of his or her VBM or provisional ballot in the state voter information guide. While in practice the SOS has displayed information pertaining to voting by mail or provisional voting, it has not included the Internet Web site address that a voter may access to check his or her ballot status because VoteCal was not yet certified. While the SOS has the ability to include such an Internet Web address in the state voter information guide absent this bill, this bill would ensure that the Web site address is included in the state voter information guide for all future elections.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (prior version)

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094