Existing law sets forth various ballot printing specifications, including a requirement that each group of candidates to be voted on be preceded on the ballot by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected.

This bill would require that the number of candidates to be nominated or elected be printed in boldface type or in a contrasting color that is not black or gray.

By requiring local elections officials to revise the content of ballots, this bill would create a state-mandated local program.

The bill would require the Secretary of State to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions. The bill would require the committee to make its recommendations by January 1, 2020.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law sets forth various ballot printing specifications, including a requirement that each group of candidates to be voted on be preceded on the ballot by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected.

This bill would require that the number of candidates to be nominated or elected be printed in boldface type or in a contrasting color that is not black or gray.

By requiring local elections officials to revise the content of ballots, this bill would create a state-mandated local program.

The bill would require the Secretary of State to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions. The bill would require the committee to make its recommendations by January 1, 2020.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law sets forth various ballot printing specifications, including a requirement that each group of candidates to be voted on be preceded on the ballot by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected.

This bill would require that the number of candidates to be nominated or elected be printed in boldface type or in a contrasting color that is not black or gray.

By requiring local elections officials to revise the content of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law sets forth various ballot printing specifications, including a requirement that the each group of candidates to be voted on be preceded on the ballot by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected.

This bill would require that the number of candidates to be nominated or elected to be printed in boldfaced type. boldface type or in a contrasting color that is not black or gray.

By requiring local elections officials to revise the content of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law sets forth various ballot printing specifications, including a requirement that the each group of candidates to be voted on be preceded on the ballot by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected.

This bill would require the number of candidates to be nominated or elected to be printed in boldfaced type.

By requiring local elections officials to revise the content of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

GOVERNOR'S VETO

GV Bill Id:AB 2552

Author:(Berman)

As Enrolled Ver:September 5, 2018

2/3 vote

Original Committee Reference: E. & R.

SUMMARY: Requires ballot instructions that state the number of candidates to be nominated or elected to be printed in boldfaced type or in a contrasting color, as specified. Specifically, this bill:

1. Requires the instructions "vote for one" or "vote for no more than two," or more that appear on the ballot, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.
2. Requires the Secretary of State (SOS) to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions.
3. Requires the ballot design advisory committee to consist of the SOS, or his or her designee, and additional members to be appointed by the SOS. Requires each appointee to have demonstrated experience with ballot design requirements, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official.
4. Requires the ballot design advisory committee to submit its recommendations to the SOS and the Legislature pursuant to existing law by January 1, 2020. Requires the SOS to consider the committee's recommendations, as specified.

The Senate amendments require the SOS to establish a ballot design advisory committee, as specified, and make technical changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, the SOS indicates that it would incur a one-time cost of $70,000 to establish the ballot design advisory committee, as specified (General Fund).

COMMENTS: According to the author, "The design of a ballot plays a critical role in ensuring a voter's ballot is counted. According to the Center for Civic Design, a ballot is a form that represents perhaps the most important interaction between a government and its citizens. A well designed ballot must be accessible to everyone – voters vary in levels of literacy, quality of vision, and learning style. Thousands of votes, however, are lost in elections every year because of poorly designed ballots… AB 2552 would improve ballot instructions to ensure a voter is able to find, read, and follow instructions accurately."

The Senate amendments require the SOS to establish a ballot design advisory committee, as specified, and make other technical changes. The bill, as amended in the Senate, is generally consistent with Assembly actions.

GOVERNOR'S VETO MESSAGE:

This bill requires certain ballot instructions and the Secretary of State to establish a ballot design advisory committee.

In recent years, California's ballot and ballot pamphlet have become a hodgepodge of confusing, excessive and often redundant words and explanations. The Secretary of State -- with or without a committee -- should fix this festering problem. A bill is not necessary.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0005234

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2552

Author:(Berman)

As Amended Ver:August 17, 2018

Majority vote

Original Committee Reference: E. & R.

SUMMARY: Requires ballot instructions that state the number of candidates to be nominated or elected to be printed in boldfaced type or in a contrasting color, as specified. Specifically, this bill:

1. Requires the instructions "vote for one" or "vote for no more than two," or more that appear on the ballot, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.
2. Requires the Secretary of State (SOS) to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions.
3. Requires the ballot design advisory committee to consist of the SOS, or his or her designee, and additional members to be appointed by the SOS. Requires each appointee to have demonstrated experience with ballot design requirements, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official.
4. Requires the ballot design advisory committee to submit its recommendations to the SOS and the Legislature pursuant to existing law by January 1, 2020. Requires the SOS to consider the committee's recommendations, as specified.

The Senate amendments require the SOS to establish a ballot design advisory committee, as specified, and make technical changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, the SOS indicates that it would incur a one-time cost of $70,000 to establish the ballot design advisory committee, as specified (General Fund).

COMMENTS: According to the author, "The design of a ballot plays a critical role in ensuring a voter's ballot is counted. According to the Center for Civic Design, a ballot is a form that represents perhaps the most important interaction between a government and its citizens. A well designed ballot must be accessible to everyone – voters vary in levels of literacy, quality of vision, and learning style. Thousands of votes, however, are lost in elections every year because of poorly designed ballots…AB 2552 would improve ballot instructions to ensure a voter is able to find, read, and follow instructions accurately."

The Senate amendments require the SOS to establish a ballot design advisory committee, as specified, and make other technical changes. The bill, as amended in the Senate, is generally consistent with Assembly actions.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0004508

 THIRD READING  

Bill No: AB 2552

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/19/18

AYES: Stern, Anderson, Allen, Hertzberg, Leyva

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/29/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires ballot instructions be printed in boldfaced type or in a contrasting color, as specified, when stating the number of candidates to be nominated or elected. This bill additionally requires the formation of a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions, as specified.

ANALYSIS:

Existing law:

1. Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.

1. Requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
2. Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.
3. Establishes a Voting Accessibility Advisory Committee (VAAC) that provides recommendations related to improving the accessibility of elections for voters with disabilities for the Secretary of State (SOS) to consult and consider. Establishes, under the SOS, a Language Accessibility Advisory Committee (LAAC) to advise and assist the SOS with implementation of federal and state laws relating to access of the electoral process by low English proficiency voters. LAAC’s responsibilities also include providing expertise on language accessibility issues, promoting language accessibility initiatives, and responding to questions from the SOS regarding languages.

This bill:

1. Requires the words "vote for one" or "vote for no more than two," or more, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.
2. Requires the SOS to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions.
3. Provides the ballot design advisory committee consist of the SOS, or his or her designee, and additional members to be appointed by the SOS who have demonstrated experience with ballot design requirements, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official or his or her designee.
4. Requires the ballot design advisory committee submit its recommendations to the SOS, and the Legislature, as specified, by January 1, 2020.
5. Requires the SOS to consider the committee’s recommendations and may implement them if the recommendations are consistent with the Elections Code.
6. Makes technical changes.

Background

June 7, 2016 Presidential Primary Election. The June 7, 2016 Presidential primary election was significant for two main reasons: the ballot had one of the largest number of candidates to appear on a ballot for the same office in California since the 2003 gubernatorial recall election and it was one of the first prominent statewide offices to be filled under the top two primary voting rules that require all candidates, regardless of political party, to appear on the primary ballot with the top two vote getters advancing to the general election.

The 2015 retirement announcement by U.S. Senator Barbara Boxer resulted in 34 candidates running to fill the U.S. Senate seat. According to media reports and studies, fitting 34 candidates for one office on the presidential primary election ballot posed a serious ballot design challenge for county elections officials. Due to the high number of candidates for the U.S. Senate contest, some county elections officials had to list candidates for the same office in multiple columns on the ballot. Studies have found that when candidates for the same office are listed in one column, voters see that they are grouped together for the same task. However, when candidates for the same office are listed in multiple columns, voters get confused and mistakenly assume that a new column of candidates indicates a new task. Consequently, listing candidates for the same office in more than one column generates notably higher rates of overvotes and spoiled ballots.

Although many ballots contained instructions reminding voters to vote for only one candidate or reminding voters that candidates for the same office continued onto the next column, the ballot designs and the overwhelming number of candidates proved to be confusing for voters and it was estimated that over 200,000 voters had their votes disqualified in the U.S. Senate race because of overvoting. In comparison, the overvote totals for both Republican and Democratic candidates running for President was estimated to be close to 6,000 in total overvotes.

According to one university study, 33 counties listed the Senate candidates in more than one column and the remaining counties listed the 34 Senate candidates in a single column on one ballot page. The study concludes that the overvote rate in counties using the multiple column format was of 3.6% and counties that listed the candidates in one single column had an overvote rate of 0.8%.

Studies also noted that other factors may have contributed to voter confusion and higher overvote rates. Certain voting equipment could have helped to prevent overvoting. For example, the use of electronic voting systems and polling place ballot tabulators are designed to prevent overvotes and have the capability to alert a voter when there is an overvote on his or her ballot. One university study found that the overvote rate for ballots cast in counties using central tabulation was 4.1% while the overvote rate for counties that tabulated ballots at polling places was 1.1%.

National Conference of State Legislatures (NCSL) Ballot Design Report. According to a 2011 report by the NCSL, good design doesn’t mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability. However, the report acknowledges that good design varies and what was state-of-the-art design in the past may be difficult to read today. In the past, due ballot designers having fewer options to make words stand out, many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.

The NCSL report suggests the following to improve ballot design:

1. Request a review by state election officials of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements.
2. Review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome.
3. Adopt “plain language” requirements for ballots.
4. Use a design checklist.
5. Require, or at least encourage, usability testing of ballots.
6. Consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design.
7. Fund a “design fellow” position in a state’s elections office.

Comments

According to the author, the design of a ballot plays a critical role in ensuring a voter's ballot is counted. According to the Center for Civic Design, a ballot is a form that represents perhaps the most important interaction between a government and its citizens. A well designed ballot must be accessible to everyone – voters vary in levels of literacy, quality of vision, and learning style.

Thousands of votes, however, are lost in elections every year because of poorly designed ballots. According to a report from the Brennan Center for Justice, entitled “Better Design, Better Elections,” for the most part, ballot design problems that cause lost votes fall into two broad categories – overvotes and undervotes.

Some designs mislead voters into choosing more than the number of allowed candidates, also known as overvotes. Overvotes tend to be mistakes that do not reflect the real intent of the voter and therefore provide a useful view as to whether voters were confused by the ballot or the instructions.

Other designs make it difficult for voters to distinguish between contests, and they accidentally skip the race, also known as undervotes. Undervotes tend to occur when a voter does not make any choices in a contest or did not cast the maximum number of votes permitted. The lack of cues on the ballot, such as the use of shading and bold text, can lead to these problems.

One of many important elements of ballot design is the reading ease of the ballot instructions. According to the Brennen Center for Justice, “Voting should not be the equivalent of building furniture from IKEA. It should be easy for all voters to understand.”

AB 2552 improves ballot instructions to ensure a voter is able to find, read, and follow instructions accurately. Specifically, this bill makes changes to ballot instructions and requires certain instructions to be bolded or printed in a contrasting color to improve readability and ensure voters clearly understand how to mark their ballot when making selections for more than one candidate.

Additionally, this bill requires the SOS to establish a ballot design advisory committee to make recommendations for improving ballot design and readability of ballot instructions, as specified.

Related/Prior Legislation

AB 683 (Low, Chapter 334, Statues of 2015), among other things, required the SOS to establish a VAAC and requires the SOS to consult with, and consider the VAAC’s recommendations related to improving the accessibility of elections for voters with disabilities.

AB 1443 (Chau, Chapter 347, Statutes of 2015) required the SOS to establish an LAAC, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, SOS indicates that it would incur a one-time cost of $70,000 to establish the ballot design advisory committee, as specified. (General Fund).

SUPPORT: (Verified 8/13/18)

None received

OPPOSITION: (Verified 8/13/18)

None received

ASSEMBLY FLOOR: 78-0, 5/29/18

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

Prepared by:

8/19/18 13:26:10

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2552 (Berman) - Elections: ballot contents

Bill Summary:

AB 2552 would require (1) ballot instructions be printed in boldfaced type or in a contrasting color, as specified, when stating the number of candidates to be nominated or elected, and (2) the Secretary of State (SOS) to form a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

SOS indicates that it would incur a one-time cost of $70,000 to establish the ballot design advisory committee, as specified. (General Fund).

Author Amendments:

Make technical changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2552 (Berman) - Elections: ballot contents

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2552 would require (1) ballot instructions be printed in boldfaced type or in a contrasting color, as specified, when stating the number of candidates to be nominated or elected, and (2) the Secretary of State (SOS) to form a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions, as specified.

Fiscal Impact:

SOS indicates that it would incur a one-time cost of $70,000 to establish the ballot design advisory committee, as specified. (General Fund).

Background:

A 2011 report by the National Conference of State Legislatures (NCSL) indicated good ballot design means making a ballot easy to understand, use, and count. According to NCSL, good ballot design reflects several aspects, including wording, images, color, layout, spacing, typeface, and usability. However, the report acknowledges that good design varies, and what was state-of-the-art design in the past may be difficult to read today. Previously, ballot designers had fewer options to make words stand out; consequently, many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has subsequently indicated that centered text and uppercase letters are actually hard to read.

Specifically, the NCSL report suggests the following to improve ballot design: (1) request a review by state election officials of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements, (2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome, (3) adopt “plain language” requirements for ballots, (4) use a design checklist, (5) require, or at least encourage, usability testing of ballots, (6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design, and (7) fund a “design fellow” position in a state’s elections office.

Proposed Law:

This bill would, among other things, do the following:

• Require the words "vote for one" or "vote for no more than two," or more, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.
• Require SOS to establish a ballot design advisory committee, as specified, to make recommendations for improving ballot design and the readability of ballot instructions.
• Require the ballot design advisory committee submit its recommendations to SOS, and the Legislature, as specified, by January 1, 2020.
• Require that SOS consider the committee’s recommendations and potentially implement them if the recommendations are consistent with the Elections Code.

Related Legislation:

• AB 683 (Low, Chapter 334, Statues of 2015) among other things, required SOS to establish a Voting Accessibility Advisory Committee (VAAC) and requires SOS to consult with, and consider the VAAC’s recommendations related to improving the accessibility of elections for voters with disabilities.
• AB 1443 (Chau, Chapter 347, Statutes of 2015), required SOS to establish a Language Accessibility Advisory Committee (LAAC), as specified.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 2552 Hearing Date: 6/19/18

Subject:

DIGEST

Requires ballot instructions be printed in boldfaced type or in a contrasting color, as specified, when stating the number of candidates to be nominated or elected. Additionally requires the formation of a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions, as specified.

ANALYSIS

Existing law:

1. Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.
2. Requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
3. Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.
4. Establishes a Voting Accessibility Advisory Committee (VAAC) that provides recommendations related to improving the accessibility of elections for voters with disabilities for the SOS to consult and consider. Establishes, under the Secretary of State (SOS), a Language Accessibility Advisory Committee (LAAC) to advise and assist the SOS with implementation of federal and state laws relating to access of the electoral process by low English proficiency voters. LAAC’s responsibilities also include providing expertise on language accessibility issues, promoting language accessibility initiatives, and responding to questions from the SOS regarding languages.

This bill:

1. Requires the words "vote for one" or "vote for no more than two," or more, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.
2. Requires the SOS to establish a ballot design advisory committee to make recommendations for improving ballot design and the readability of ballot instructions.
3. Provides the ballot design advisory committee consist of the SOS, or his or her designee, and additional members to be appointed by the SOS who have demonstrated experience with ballot design requirements, have knowledge of presenting election materials to voters using plain English methods or another method that is easy for voters to access and understand, or be a county elections official or his or her designee.
4. Requires the ballot design advisory committee submit its recommendations to the SOS, and the Legislature, as specified, by January 1, 2020.
5. Requires the SOS to consider the committee’s recommendations and may implement them if the recommendations are consistent with the Elections Code.
6. Makes technical changes.

BACKGROUND

June 7, 2016 Presidential Primary Election. The June 7, 2016 Presidential primary election was significant for two main reasons: the ballot had one of the largest number of candidates to appear on a ballot for the same office in California since the 2003 gubernatorial recall election and it was one of the first prominent statewide offices to be filled under the top two primary voting rules that require all candidates, regardless of political party, to appear on the primary ballot with the top two vote getters advancing to the general election.

The 2015 retirement announcement by U.S. Senator Barbara Boxer resulted in 34 candidates running to fill the U.S. Senate seat. According to media reports and studies, fitting 34 candidates for one office on the presidential primary election ballot posed a serious ballot design challenge for county elections officials. Due to the high number of candidates for the U.S. Senate contest, some county elections officials had to list candidates for the same office in multiple columns on the ballot. Studies have found that when candidates for the same office are listed in one column, voters see that they are grouped together for the same task. However, when candidates for the same office are listed in multiple columns, voters get confused and mistakenly assume that a new column of candidates indicates a new task. Consequently, listing candidates for the same office in more than one column generates notably higher rates of overvotes and spoiled ballots.

Although many ballots contained instructions reminding voters to vote for only one candidate or reminding voters that candidates for the same office continued onto the next column, the ballot designs and the overwhelming number of candidates proved to be confusing for voters and it was estimated that over 200,000 voters had their votes disqualified in the U.S. Senate race because of overvoting. In comparison, the overvote totals for both Republican and Democratic candidates running for President was estimated to be close to 6,000 in total overvotes.

According to one university study, 33 counties listed the Senate candidates in more than one column and the remaining counties listed the 34 Senate candidates in a single column on one ballot page. The study concludes that the overvote rate in counties using the multiple column format was of 3.6% and counties that listed the candidates in one single column had an overvote rate of 0.8%.

Studies also noted that other factors may have contributed to voter confusion and higher overvote rates. Certain voting equipment could have helped to prevent overvoting. For example, the use of electronic voting systems and polling place ballot tabulators are designed to prevent overvotes and have the capability to alert a voter when there is an overvote on his or her ballot. One university study found that the overvote rate for ballots cast in counties using central tabulation was 4.1% while the overvote rate for counties that tabulated ballots at polling places was 1.1%.

National Conference of State Legislatures (NCSL) Ballot Design Report. According to a 2011 report by the NCSL, good design doesn’t mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability. However, the report acknowledges that good design varies and what was state-of-the-art design in the past may be difficult to read today. In the past, due ballot designers having fewer options to make words stand out, many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.

The NCSL report suggests the following to improve ballot design:

1. Request a review by state election officials of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements.
2. Review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome.
3. Adopt “plain language” requirements for ballots.
4. Use a design checklist.
5. Require, or at least encourage, usability testing of ballots.
6. Consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design.
7. Fund a “design fellow” position in a state’s elections office.

COMMENTS

According to the Author: The design of a ballot plays a critical role in ensuring a voter's ballot is counted. According to the Center for Civic Design, a ballot is a form that represents perhaps the most important interaction between a government and its citizens. A well designed ballot must be accessible to everyone – voters vary in levels of literacy, quality of vision, and learning style.

Thousands of votes, however, are lost in elections every year because of poorly designed ballots. According to a report from the Brennan Center for Justice, entitled “Better Design, Better Elections,” for the most part, ballot design problems that cause lost votes fall into two broad categories – overvotes and undervotes.

Some designs mislead voters into choosing more than the number of allowed candidates, also known as overvotes. Overvotes tend to be mistakes that do not reflect the real intent of the voter and therefore provide a useful view as to whether voters were confused by the ballot or the instructions.

Other designs make it difficult for voters to distinguish between contests, and they accidentally skip the race, also known as undervotes. Undervotes tend to occur when a voter does not make any choices in a contest or did not cast the maximum number of votes permitted. The lack of cues on the ballot, such as the use of shading and bold text, can lead to these problems.

One of many important elements of ballot design is the reading ease of the ballot instructions. According to the Brennen Center for Justice, “Voting should not be the equivalent of building furniture from IKEA. It should be easy for all voters to understand.”

AB 2552 would improve ballot instructions to ensure a voter is able to find, read, and follow instructions accurately. Specifically, this bill would make changes to ballot instructions and would require certain instructions to be bolded or printed in a contrasting color to improve readability and ensure voters clearly understand how to mark their ballot when making selections for more than one candidate.

Additionally, this bill would require the Secretary of State to establish a ballot design advisory committee to make recommendations for improving ballot design and readability of ballot instructions, as specified.

RELATED/PRIOR LEGISLATION

AB 683 (Low), Chapter 334, Statues of 2015, among other things, required the SOS to establish a VAAC and requires the SOS to consult with, and consider the VAAC’s recommendations related to improving the accessibility of elections for voters with disabilities.

AB 1443 (Chau), Chapter 347, Statutes of 2015, required the SOS to establish a LAAC, as specified.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: None Received

Oppose: None Received

-- END --

Date of Hearing: May 23, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2552

Author:(Berman) – As Amended Ver:April 18, 2018

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

SUMMARY:

This bill requires ballot instructions that state the number of candidates to be nominated or elected to be printed in boldfaced type or in a contrasting color. Specifically, this bill requires the words "vote for one" or "vote for no more than two," or more, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.

FISCAL EFFECT:

Minimal, if any fiscal impact.

COMMENTS:

1. Background. According to a 2011 report by the National Conference on State Legislatures (NCSL), good design doesn’t mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability. It applies to polling place signs, ballots, absentee ballot envelopes, voter information cards, voter registration applications—every piece of paper, image, or webpage about an election.

The report acknowledges that good design is also a moving target and what was state-of-the-art in 1920 may now be hard to read. Back then, ballot designers had few options to make words stand out, so many states required large blocks of text to be centered or uppercase letters to be used for candidate names or for the full text of various parts of the ballot. Research has since proven centered text and uppercase letters are actually hard to read.

NCSL suggests the following to improve ballot design: 1) ask state election officials for a review of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements; 2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome later on; 3) adopt “plain language” requirements for ballots; 4) use a design checklist; 5) require, or at least encourage, usability testing of ballots; 6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design; or, 7) fund a “design fellow” position in a state’s elections office.

1. Purpose. According to the author:

AB 2552 would improve ballot instructions to ensure a voter is able to find, read, and follow instructions accurately. Specifically, this bill would make changes to ballot instructions and would require certain instructions to be bolded or printed in a contrasting color to improve readability and ensure voters clearly understand how to mark their ballot when making selections for more than one candidate

1. Media Articles and June 5, 2018, Gubernatorial Primary Election. According to the Secretary of State's website there are 27 candidates running for governor and 32 candidates running for U.S. Senator in the June 5, 2018 gubernatorial primary election. Recent media articles are raising concerns that there might be a significant number of overvotes and spoiled ballots due to the large number of candidates and complicated ballot designs. Media articles state in some counties the candidates will stretch over three columns. In other words, the voters might find a contest starts on one side of the page and continues on the other.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:AB 2552 (

Author:Berman) – As Amended Ver:April 18, 2018

SUBJECT: Elections: ballot contents.

SUMMARY: Requires ballot instructions that state the number of candidates to be nominated or elected to be printed in boldfaced type or in a contrasting color, as specified. Specifically, this bill requires the words "vote for one" or "vote for no more than two," or more, according to the number of candidates to be nominated or elected, to be printed in boldfaced type or in a contrasting color that is not black or gray.

EXISTING LAW:

1. Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.
2. Requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
3. Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.

FISCAL EFFECT: Unknown. State-mandated local program; contains reimbursement direction.

COMMENTS:

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

The design of a ballot plays a critical role in ensuring a voter's ballot is counted. According to the Center for Civic Design, a ballot is a form that represents perhaps the most important interaction between a government and its citizens. A well designed ballot must be accessible to everyone – voters vary in levels of literacy, quality of vision, and learning style.

Thousands of votes, however, are lost in elections every year because of poorly designed ballots. According to a report from the Brennan Center for Justice, entitled “Better Design, Better Elections,” for the most part, ballot design problems that cause lost votes fall into two broad categories – overvotes and undervotes.

Some designs mislead voters into choosing more than the number of allowed candidates, also known as overvotes. Overvotes tend to be mistakes that do not reflect the real intent of the voter and therefore provide a useful view as to whether voters were confused by the ballot or the instructions.

Other designs make it difficult for voters to distinguish between contests, and they accidentally skip the race, also known as undervotes. Undervotes tend to occur when a voter does not make any choices in a contest or did not cast the maximum number of votes permitted. The lack of cues on the ballot, such as the use of shading and bold text, can lead to these problems.

One of many important elements of ballot design is the reading ease of the ballot instructions. According to the Brennen Center for Justice, “Voting should not be the equivalent of building furniture from IKEA. It should be easy for all voters to understand.”

AB 2552 would improve ballot instructions to ensure a voter is able to find, read, and follow instructions accurately. Specifically, this bill would make changes to ballot instructions and would require certain instructions to be bolded or printed in a contrasting color to improve readability and ensure voters clearly understand how to mark their ballot when making selections for more than one candidate.

1. June 7, 2016 Presidential Primary Election: The June 7, 2016 Presidential primary election was significant for two main reasons: the ballot had one of the largest number of candidates to appear on a ballot for the same office in California since the 2003 gubernatorial recall election and it was one of the first prominent statewide offices to be filled under the top two primary voting rules that require all candidates, regardless of political party, to appear on the primary ballot with the top two vote getters advancing to the general election.
   
   The 2015 retirement announcement by U.S. Senator Barbara Boxer resulted in 34 candidates running to fill the U.S. Senate seat. According to media reports and studies, fitting 34 candidates for one office on the presidential primary election ballot posed a serious ballot design challenge for county elections officials. Due to the high number of candidates for the U.S. Senate contest, some county elections officials had to list candidates for the same office in multiple columns on the ballot. Studies have found that when candidates for the same office are listed in one column, voters see that they are grouped together for the same task. However, when candidates for the same office are listed in multiple columns, voters get confused and mistakenly assume that a new column of candidates indicates a new task. Consequently, listing candidates for the same office in more than one column generates notably higher rates of overvotes and spoiled ballots.
   
   Although many ballots contained instructions reminding voters to vote for only one candidate or reminding voters that candidates for the same office continued onto the next column, the ballot designs and the overwhelming number of candidates proved to be confusing for voters and it was estimated that over 200,000 voters had their votes disqualified in the U.S. Senate race because of overvoting. In comparison, the overvote totals for both Republican and Democratic candidates running for President was estimated to be close to 6,000 in total overvotes.
   
   According to one university study, 33 counties listed the Senate candidates in more than one column and the remaining counties listed the 34 Senate candidates in a single column on one ballot page. The study concludes that the overvote rate in counties using the multiple column format was of 3.6% and counties that listed the candidates in one single column had an overvote rate of 0.8%.

Studies also point out that other factors may have contributed to voter confusion and higher overvote rates. Moreover, some studies contend that certain voting equipment could have helped to prevent overvoting. For instance, the use of electronic voting systems and polling place ballot tabulators are designed to prevent overvotes and have the capability to alert a voter when there is an overvote on his or her ballot. One university study found that the overvote rate for ballots cast in counties using central tabulation was 4.1% while the overvote rate for counties that tabulated ballots at polling places was 1.1%.

1. Media Articles and June 5, 2018 Gubernatorial Primary Election: According to the Secretary of State's website there are 27 candidates running for Governor and 32 candidates running for U.S. Senator in the June 5, 2018 gubernatorial primary election. Recent media articles are raising concerns that there might be a significant number of overvotes and spoiled ballots due to the large number of candidates and complicated ballot designs similar to the June 2016 Presidential primary election. Media articles state in some counties the candidates will stretch over three columns. In other words, the voters might find that a contest starts on one side of the page and continues on the other.
   
2. National Conference of State Legislatures (NCSL) Ballot Design Report: According to a 2011 report by the NCSL, good design doesn’t mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability and applies to polling place signs, ballots, absentee ballot envelopes, voter information cards, voter registration applications—every piece of paper, image, or webpage about an election. However, the report acknowledges that good design is also a moving target and what was state-of-the-art in 1920 may be hard-to-read now. Back then, ballot designers had few options to make words stand out, so many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.
   
   The NCSL report suggests the following to improve ballot design: 1) ask state election officials for a review of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements; 2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome later on; 3) adopt “plain language” requirements for ballots; 4) use a design checklist; 5) require, or at least encourage, usability testing of ballots; 6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design; or, 7) fund a “design fellow” position in a state’s elections office.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

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