Existing law permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.

Existing law permits a voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official. Existing law also authorizes specified counties to conduct an election as an all-mailed ballot election if specified requirements are satisfied, including requirements relating to accessibility by voters with disabilities.

This bill, beginning January 1, 2020, would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would not apply to a county when conducting an all-mailed ballot election, as specified.

By imposing additional duties on local elections officials, this bill would impose 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 permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.

Existing law permits a voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official. Existing law also authorizes specified counties to conduct an election as an all-mailed ballot election if specified requirements are satisfied, including requirements relating to accessibility by voters with disabilities.

This bill, beginning January 1, 2020, would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would not apply to a county when conducting an all-mailed ballot election, as specified.

By imposing additional duties on local elections officials, this bill would impose 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 permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.

Existing law permits any a voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official. Existing law also authorizes specified counties to conduct an election as an all-mailed ballot election if specified requirements are satisfied, including requirements relating to accessibility by voters with disabilities.

This bill bill, beginning January 1, 2020, would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would become operative one year after the date on which the Secretary of State certifies a remote accessible vote by mail system. not apply to a county when conducting an all-mailed ballot election, as specified.

By imposing additional duties on local elections officials, this bill would impose 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 permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.

Existing law permits any voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official.

This bill would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would become operative one year after the date on which the Secretary of State certifies a remote accessible vote by mail system.

By imposing additional duties on local elections officials, this bill would impose 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 973

Author:(Low)

As Enrolled Ver:September 19, 2017

2/3 vote

Original Committee Reference: E. & R.

SUMMARY: Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail (VBM) system. Provides that these provisions do not apply to a county that conducts an election using vote centers, instead of polling places, pursuant to the California Voter's Choice Act (CVCA). Provides for these provisions to become operative on January 1, 2020.

The Senate amendments add intent language.

EXISTING LAW:

1. Permits any voter—including a voter with a disability or a military or overseas voter—to apply for and receive a VBM ballot from his or her elections official.
2. Permits a voter with a disability or a military or overseas voter to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.
3. Requires a county conducting an election using vote centers, instead of polling places, pursuant to the CVCA, to provide an accessible VBM system that is available for use by individuals with disabilities, as specified.

FISCAL EFFECT: According to the Senate Appropriations Committee, [by] requiring counties to procure and use remote accessible VBM systems, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The amount is unknown, but at a minimum would be in the high hundreds of thousands of dollars.

Additionally, the bill would require counties to transfer information from paper cast voter records to ballots. This also would be a potentially reimbursable state-mandated local program. The potential General Fund cost is unknown, but would likely be in the low millions of dollars on a recurring basis.

COMMENTS: According to the author, "Voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process. Specifically, AB 973 will allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote by mail system. Every vote represents a voice that deserves to be heard…"

Last year the Legislature passed and the Governor signed AB 2252 (Ting), Chapter 75, Statutes of 2016, which expanded and established the definition of a remote accessible VBM system. AB 2252 also prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified. While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

The Senate amendments add intent language to ensure that certified remote accessible VBM systems be available for use by individuals with disabilities in all counties that are not conducting an election using vote centers, instead of polling places, pursuant to the CVCA. Additionally, the intent language makes it clear that counties conducting elections pursuant to CVCA are already required to have an accessible VBM system available for use by individual with disabilities. This bill, as passed by the Senate, is consistent with Assembly actions.

GOVERNOR'S VETO MESSAGE:

This bill requires a county elections official, by January 1, 2020, to allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote-by-mail system.

Just last year, I signed AB 2252 that created standards for the Secretary of State to review and approve remote accessible vote-by-mail ballot systems for use in California elections. Additionally, current law permits any voter, including a voter with a disability or a military or overseas voter, to electronically receive and cast a vote-by-mail ballot using a remote accessible vote-by-mail system, once available.

I am hesitant to mandate that counties use this technology at a time when certification of these systems is in its nascent stages. As these systems become certified, however, I encourage counties to review and adopt them as appropriate.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002494

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 973

Author:(Low)

As Amended Ver:July 19, 2017

Majority vote

Original Committee Reference: E. & R.

SUMMARY: Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail (VBM) system. Provides that these provisions do not apply to a county that conducts an election using vote centers, instead of polling places, pursuant to the California Voter's Choice Act (CVCA). Provides for these provisions to become operative on January 1, 2020.

The Senate amendments add intent language.

EXISTING LAW:

1. Permits any voter—including a voter with a disability or a military or overseas voter—to apply for and receive a VBM ballot from his or her elections official.
2. Permits a voter with a disability or a military or overseas voter to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.
3. Requires a county conducting an election using vote centers, instead of polling places, pursuant to the CVCA, to provide an accessible VBM system that is available for use by individuals with disabilities, as specified.

FISCAL EFFECT: According to the Senate Appropriations Committee, [by] requiring counties to procure and use remote accessible VBM systems, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The amount is unknown, but at a minimum would be in the high hundreds of thousands of dollars.

Additionally, the bill would require counties to transfer information from paper cast voter records to ballots. This also would be a potentially reimbursable state-mandated local program. The potential General Fund cost is unknown, but would likely be in the low millions of dollars on a recurring basis.

COMMENTS: According to the author, "Voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process. Specifically, AB 973 will allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote by mail system. Every vote represents a voice that deserves to be heard…"

Last year the Legislature passed and the Governor signed AB 2252 (Ting), Chapter 75, Statutes of 2016, which expanded and established the definition of a remote accessible VBM system. AB 2252 also prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified. While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

The Senate amendments add intent language to ensure that certified remote accessible VBM systems be available for use by individuals with disabilities in all counties that are not conducting an election using vote centers, instead of polling places, pursuant to the CVCA. Additionally, the intent language makes it clear that counties conducting elections pursuant to CVCA are already required to have an accessible VBM system available for use by individual with disabilities. This bill, as passed by the Senate, is consistent with Assembly actions.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001777

 THIRD READING  

Bill No: AB 973

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 7/12/17

AYES: Stern, Anderson, Allen, Hertzberg, Leyva

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

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

ASSEMBLY FLOOR: 70-0, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill permits voters with a disability, or a military or overseas voter, to cast a ballot using a certified remote accessible vote by mail (VBM) system, as specified.

ANALYSIS:

Existing law:

1. Permits any voter, including a voter with a disability or a military or overseas voter, to apply for and receive a VBM ballot from his or her elections official.
   
2. Permits a voter with a disability or a military or overseas voter to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.
   
3. Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
   
4. Defines a voting system to mean a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. Provides that a voting system does not include a remote accessible VBM system.
   
5. Defines a paper cast vote record to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.

This bill:

1. Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system.
   
2. Provides that these provisions do not apply to a county that conducts an all-mail ballot election using vote centers, instead of polling places, pursuant to the California Voter’s Choice Act.
   
3. Provides that these provisions become operative on January 1, 2020.

Background

Previous Legislation and Remote Accessible Vote by Mail System. In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell, Chapter 694, Statutes of 2012), which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.

Last year the Legislature passed and the Governor signed AB 2252 (Ting, Chapter 75, Statutes of 2016), which also allowed a voter with disabilities to electronically receive and mark his or her VBM ballot using a remote accessible VBM system. However, in order to expand the use of ballot marking systems to voters with disabilities and to better reflect the technology used to do so, AB 2252 deleted the term “ballot marking system” and replaced and updated it with the term “remote accessible VBM system.” AB 2252 defined a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record, as defined, to be submitted to the elections official. AB 2252 further prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified.

While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

Status of Remote Accessible Vote by Mail System Certification. As mentioned above, this bill requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system and requires those provisions to become operative one year after the date on which the Secretary of State (SOS) certifies a remote accessible VBM system. While there are no remote accessible VBM systems currently certified for use in California, four applications have been submitted to the SOS for review.

State and Federal Accessibility Requirements. Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring equal access to polling places that are accessible to all and voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically disabled.

Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to SOS's Web site, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices. Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.

Moreover, last session, the Legislature passed and the Governor signed AB 683 (Low, Chapter 334, Statutes of 2015), which codified the VAAC into law and required the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified. In March of 2016, the VAAC released their recommendations for modifications to the Polling Place Accessibility Guidelines. The recommendations include technical changes to make polling places more accessible for individuals with disabilities, including parking, paths of travel, signage, ramps, elevators and lifts, and restrooms.

Comments

According to the author, voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process.

Every vote represents a voice that deserves to be heard. Under current law, an accessible vote by mail system is a requirement for counties who opt-in to SB 450 (Allen, Chapter 832, Statutes of 2016). Under the provisions of AB 973, the counties who do not opt-in to SB 450 would be required to allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote vote by mail system. AB 973 helps ensure access to voting for all Californians. This bill does not affect counties who have opted-in to the requirements of SB 450. The author states, “As a Member of the Elections and Redistricting Committee, I am committed to working with my colleagues to increase voter turnout.”

Related/Prior Legislation

AB 2252 (Ting, Chapter 75, Statutes of 2016) allowed a voter with disabilities to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, by requiring counties to procure and use remote accessible VBM systems, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The amount is unknown, but at a minimum would be in the high hundreds of thousands of dollars.

Additionally, the bill requires counties to transfer information from paper cast voter records to ballots. This also is a potentially reimbursable state-mandated local program. The potential General Fund cost is unknown, but would likely be in the low millions of dollars on a recurring basis.

SUPPORT: (Verified 8/28/17)

American Civil Liberties Union of California

ALS Association Golden West Chapter

Association of Regional Center Agencies

Disability Rights California

Glendale-Burbank Area Chapter of the California Council of the Blind

Humboldt Council of the Blind

State Council on Developmental Disabilities

The Arc and United Cerebral Palsy California Collaboration

Several individuals

OPPOSITION: (Verified 8/28/17)

None received

ASSEMBLY FLOOR: 70-0, 5/31/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, 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, Brough, Chen, Choi, Dahle, Eggman, Harper, Kiley, Melendez

Prepared by:

9/4/17 12:19:20

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 973 (Low) - Remote accessible vote by mail system

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

Bill Summary:

AB 973 would require county elections officials to permit voters with a disability, or military, or overseas voters to cast a ballot using a certified remote accessible vote by mail (VBM) system, as specified.

Fiscal Impact:

By requiring counties to procure and use remote accessible VBM systems, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The amount is unknown, but at a minimum would be in the high hundreds of thousands of dollars.

Additionally, the bill would require counties to transfer information from paper cast voter records to ballots. This also would be a potentially reimbursable state-mandated local program. The potential General Fund cost is unknown, but would likely be in the low millions of dollars on a recurring basis.

Background:

AB 1929 (Gorell, Chapter 694, Statutes of 2012) established processes and procedures for the review and approval of ballot marking systems for use in California elections. The intent of the bill was to make voting more accessible and convenient for military and overseas voters. Specifically, the bill allowed a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure these voters’ security and privacy, AB 1929 prohibited the ballot marking system from having the capability to use a remote server to mark voters’ selections transmitted to the server from their computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.

AB 2252 (Ting, Chapter 75, Statutes of 2016) also allowed a voter with disabilities to electronically receive and mark his or her vote-by-mail (VBM) ballot using a remote accessible VBM system. However, in order to expand the use of ballot marking systems to voters with disabilities and to better reflect the related technology, AB 2252 deleted the term “ballot marking system” and replaced and updated it with the term “remote accessible VBM system.” The bill defined a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record, as defined, to be submitted to the elections official. AB 2252 further prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified.

Both state and federal law requires certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring equal access to polling places that are accessible to all and voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the Secretary of State (SOS) for accessibility by the physically disabled.

Proposed Law:

This bill would (1) require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system, (2) provide that these provisions do not apply to a county that conducts an all-mail ballot election using vote centers, instead of polling places, pursuant to the California Voter’s Choice Act, and (3) provide that these provisions become operative on January 1, 2020.

Staff Comments:

While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively would require all county elections officials to purchase a remote accessible VBM system for use by eligible voters. While there are no remote accessible VBM systems currently certified for use in California, four applications have been submitted to the SOS for review.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 973 Hearing Date: 7/12/17

Subject:

DIGEST

This bill permits voters with a disability, or a military or overseas voters, to cast a ballot using a certified remote accessible vote by mail (VBM) system, as specified.

ANALYSIS

Existing law:

1. Permits any voter, including a voter with a disability or a military or overseas voter, to apply for and receive a VBM ballot from his or her elections official.
   
2. Permits a voter with a disability or a military or overseas voter to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.
   
3. Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
   
4. Defines a voting system to mean a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. Provides that a voting system does not include a remote accessible VBM system.
   
5. Defines a paper cast vote record to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.

This bill:

1. Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system.
   
2. Provides that these provisions do not apply to a county that conducts an all-mail ballot election using vote centers, instead of polling places, pursuant to the California Voter’s Choice Act.
   
3. Provides that these provisions become operative on January 1, 2020.

BACKGROUND

Previous Legislation and Remote Accessible Vote by Mail System. In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell, Ch. 694, Statutes of 2012), which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.

Last year the Legislature passed and the Governor signed AB 2252 (Ting, Ch. 75, Statutes of 2016), which also allowed a voter with disabilities to electronically receive and mark his or her VBM ballot using a remote accessible VBM system. However, in order to expand the use of ballot marking systems to voters with disabilities and to better reflect the technology used to do so, AB 2252 deleted the term “ballot marking system” and replaced and updated it with the term “remote accessible VBM system.” AB 2252 defined a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record, as defined, to be submitted to the elections official. AB 2252 further prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified.

While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

Status of Remote Accessible Vote by Mail System Certification. As mentioned above, this bill requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system and requires those provisions to become operative one year after the date on which the Secretary of State (SOS) certifies a remote accessible VBM system. While there are no remote accessible VBM systems currently certified for use in California, four applications have been submitted to the SOS for review.

State and Federal Accessibility Requirements. Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring equal access to polling places that are accessible to all and voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically disabled.

Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to the SOS's Web site, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices. Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.

Moreover, last session, the Legislature passed and the Governor signed AB 683 (Low, Ch. 334, Statutes of 2015), which codified the VAAC into law and required the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified. In March of 2016, the VAAC released their recommendations for modifications to the Polling Place Accessibility Guidelines. The recommendations include technical changes to make polling places more accessible for individuals with disabilities, including parking, paths of travel, signage, ramps, elevators and lifts, and restrooms.

COMMENTS

According to the author: Voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process.

Every vote represents a voice that deserves to be heard. Under current law, an accessible vote by mail system is a requirement for counties who opt-in to SB 450 (Allen, 2016). Under the provisions of AB 973, the counties who do not opt-in to SB 450 would be required to allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote vote by mail system. AB 973 helps ensure access to voting for all Californians. This bill does not affect counties who have opted in to the requirements of SB 450. As a Member of the Elections and Redistricting Committee, I am committed to working with my colleagues to increase voter turnout.

RELATED/PRIOR LEGISLATION

AB 2252 (Ting, Ch. 75, Statutes of 2016), allowed a voter with disabilities to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: American Civil Liberties Union of California

ALS Association Golden West Chapter

Association of Regional Center Agencies

Disability Rights California

Glendale-Burbank Area Chapter of the CA Council of the Blind

Humboldt Council of the Blind

State Council on Developmental Disabilities

The Arc and United Cerebral Palsy California Collaboration

Several individuals

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 973

Author:(Low)

As Amended Ver:May 30, 2017

Majority vote

SUMMARY: Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail (VBM) system. Provides that these provisions do not apply to a county that conducts an all-mail ballot election using vote centers, instead of polling places, pursuant to the California Voter’s Choice Act. Provides for these provisions to become operative on January 1, 2020.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Unknown General Fund (GF) costs likely in the hundreds of thousands to low millions of dollars annually for a potentially reimbursable mandate for counties to transfer information from paper cast voter records to ballots, depending on the number of counties that do not opt-in to SB 450 (Allen), Chapter 832, Statutes of 2016. Because this bill will require a higher level of service be provided by county elections officials, the Commission on State Mandates may determine that this requirement is reimbursable.
2. Unknown potentially significant GF costs for a potentially reimbursable mandate for counties to procure and use remote accessible VBM systems. While Secretary of State has not certified any remote accessible VBM systems to date, some counties report that similar systems generally have an annual fee of roughly $10,000 and a second fee of $1 for each voter who uses of the system. Assuming that one quarter of counties need to procure a new system for $10,000 and pay $1 per use of the system, the cost could be in the low hundreds of thousands of dollars. Costs could be significantly higher to the extent that counties are required to procure more expensive systems that also require hardware.

COMMENTS: According to the author, "Voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process. Specifically, AB 973 will allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote by mail system. Every vote represents a voice that deserves to be heard…"

Last year the Legislature passed and the Governor signed AB 2252 (Ting), Chapter 75, Statutes of 2016, which expanded and established the definition of a remote accessible VBM system. AB 2252 also prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified. While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0000653

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 973

Author:(Low) – As Introduced Ver:February 16, 2017

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

SUMMARY:

This bill requires county elections officials to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified “remote accessible vote by mail (VBM) system”—a mechanical or electronic system and its associated software that is used for the sole purpose of marking an electronic VBM ballot to create a paper cast record that is then printed and submitted to the elections official. The requirement for counties to permit the use of a remote accessible VBM system will become operative one year after the date on which the Secretary of State (SOS) certifies such a system, or systems, for use in elections in the state.

FISCAL EFFECT:

1. Unknown GF costs likely in the low millions of dollars annually for a potentially reimbursable mandate for counties to transfer information from paper cast voter records to ballots. Because this bill will require a higher level of service be provided by county elections officials, the Commission on State Mandates may determine that this requirement is reimbursable.

For example, assuming it costs counties $5 per ballot for the workload to remake a paper cast voter record into an official ballot, if 200,000 individuals with disabilities used the remote accessible VBM system, this could cost $1 million.

1. Unknown potentially significant GF costs for a potentially reimbursable mandate for counties to procure and use remote accessible VBM systems. While SOS has not certified any remote accessible VBM systems to date, some counties report that similar systems generally have an annual fee of roughly $10,000 and a second fee of $1 for each voter who uses of the system. Assuming that all counties need to procure a new system for $10,000 and pay $1 per use of the system, the cost would be $780,000 if 200,000 voters used the system. Costs could be significantly higher to the extent that counties are required to procure more expensive systems that also require hardware.

COMMENTS:

1. Background. Last year, the Legislature passed and the Governor signed AB 2252 (Ting), Chapter 75, Statutes of 2016, which expanded the use of remote accessible VBM systems to voters with disabilities and established the definition of a remote accessible VBM system. AB 2252 also prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified. While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction.

Also last year, the Legislature passed and the Governor signed SB 450 (Allen), Chapter 832, Statutes of 2016. SB 450 allows counties to opt-in to a significantly different approach to conduct elections where all voters receive a VBM ballot in the mail and voters can return their ballots by mail or drop them off at vote centers, rather than voter precincts. Counties that opt-in to the SB 450 mail ballot and vote center model must meet certain requirements. Among many other requirements, counties that opt-in to SB 450 are required to have a remote accessible VBM system.

1. Purpose. According to the author, voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process. Specifically, AB 973 will allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote by mail system.
2. Costs Could Be Reduced By Aligning With SB 450 Requirements and Implementation. Many counties will implement remote accessible VBM systems in the absence of this bill because they will choose to opt-in to the SB 450 mail ballot and vote center model in the future. Because SB 450 permits counties to opt-in, rather than making a requirement of counties, the state would not need to reimburse counties for their costs under SB 450, including the cost of purchasing a remote accessible VBM system and workload associated with processing paper cast voter records that are created by the remote systems.

However, this bill effectively requires all county elections officials to (1) purchase a remote accessible VBM system for use by eligible voters and (2) process paper cast voter records by copying the information from the record onto an official ballot. This bill creates a state mandate that would likely be reimbursable for all counties, even the counties that will implement remote accessible VBM systems under SB 450.

In order to limit the cost to the state of a potential reimbursable mandate, the author may wish to amend the bill to require only counties that do not opt-in to the SB 450 mail ballot and vote center model to implement remote accessible VBM systems, since counties that do opt-in will already need to have such a system. Given the timelines established in SB 450 for counties to opt-in, the author may also wish to adjust the timelines for compliance with the provisions of this bill to align with the timeframes for counties to opt-in to SB 450.

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

Date of Hearing: March 22, 2017

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Evan Low, Chair

ABPCA Bill Id:AB 973 (

Author:Low) – As Introduced Ver:February 16, 2017

SUBJECT: Remote accessible vote by mail system.

SUMMARY: Requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail (VBM) system. Requires these provisions to become operative one year after the date on which the Secretary of State (SOS) certifies a remote accessible VBM system for use in elections in the state.

EXISTING LAW:

1. Permits any voter—including a voter with a disability or a military or overseas voter—to apply for and receive a VBM ballot from his or her elections official.
2. Permits a voter with a disability or a military or overseas voter to electronically receive and mark his or her VBM ballot using a remote accessible VBM system.
3. Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
   
4. Defines a voting system to mean a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. Provides that a voting system does not include a remote accessible VBM system.
   
5. Defines a paper cast vote record to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.

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

COMMENTS:

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

Voting in elections is vital to the success of our democracy. As Californians, we must ensure that voters do not face unnecessary barriers when casting their ballots. One-third of voters with disabilities report having difficulty voting, which can lead to lower turnout rates. AB 973 will provide an alternative voting method to ensure all voters with disabilities are able to participate in the electoral process. Specifically, AB 973 will allow voters with disabilities, and military and overseas voters, to cast a ballot using a certified remote accessible vote by mail system. Every vote represents a voice that deserves to be heard. As Chair of the Elections and Redistricting Committee, I am committed to working with my colleagues to increase voter turnout.

1. Previous Legislation and Remote Accessible Vote by Mail System: In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell), Chapter 694, Statutes of 2012, which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.

Last year the Legislature passed and the Governor signed AB 2252 (Ting), Chapter 75, Statutes of 2016, which also allowed a voter with disabilities to electronically receive and mark his or her VBM ballot using a remote accessible VBM system. However, in order to expand the use of ballot marking systems to voters with disabilities and to better reflect the technology used to do so, AB 2252 (Ting) deleted the term “ballot marking system” and replaced and updated it with the term “remote accessible VBM system.” AB 2252 (Ting) defined a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record, as defined, to be submitted to the elections official. AB 2252 further prohibits a remote accessible VBM system from being connected to a voting system at any time. Finally, AB 2252 (Ting) revised, updated, and established processes and procedures for the review and approval of a remote accessible VBM system, as specified.

While AB 2252 established the requirements for remote accessible VBM systems and created procedures for the review and approval of such systems, it did not expressly require that elections officials make such a system available to voters in their jurisdiction. By requiring that voters with disabilities and military and overseas voters be permitted to cast their ballots using a remote accessible VBM system, this bill effectively requires all county elections officials to purchase a remote accessible VBM system for use by eligible voters.

1. Status of Remote Accessible Vote by Mail System Certification: As mentioned above, this bill requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible VBM system and requires those provisions to become operative one year after the date on which the SOS certifies a remote accessible VBM system. While there are no remote accessible VBM systems currently certified for use in California, four applications have been submitted to the SOS for review.
   
2. Will This Increase County Elections Officials' Workload? When a person votes using a remote accessible VBM system, the voter does not mark a ballot, but instead indicates his or her selections on a paper cast voter record. In practice, when a county elections official receives a paper cast voter record that was generated using a remote accessible VBM system, the elections official must remake that voter record into a ballot in order to scan and count the ballot. Because this bill mandates that remote accessible VBM systems be available, this bill could add to the county elections officials' workload depending on the number of voters who decide to use such a system.
3. State and Federal Accessibility Requirements: Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring: 1) equal access to polling places that are accessible to all, and 2) voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically handicapped.

Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to the SOS's website, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices. Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.

Moreover, last session, the Legislature passed and the Governor signed AB 683 (Low), Chapter 334, Statutes of 2015, which codified the VAAC into law and required the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified. In March of 2016, the VAAC released their recommendations for modifications to the Polling Place Accessibility Guidelines. The recommendations include technical changes to make polling places more accessible for individuals with disabilities, including parking, paths of travel, signage, ramps, elevators and lifts, and restrooms.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California

Disability Rights California

Opposition

None on file.

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