CONSENT 

Bill No: AB 299

Author: Salas (D)

Amended: 3/14/19 in Assembly

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/4/19

AYES: Umberg, Nielsen, Hertzberg, Leyva, Stern

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 3/28/19 (Consent) - See last page for vote

SUBJECT: Vote by mail ballot tracking

SOURCE: Secretary of State Alex Padilla

DIGEST:

This bill requires a county elections official to provide updated information to the Secretary of State (SOS) about the status of a vote by mail (VBM) ballot at the same time that the county updates its election management system (EMS) or a voter look-up tool on the county’s Internet Web site with that information.

ANALYSIS:

Existing law:

1. Requires each county elections official to establish procedures to track and confirm the receipt of voted VBM ballots and to make this information available on the county’s elections division Internet Web site, or by a toll-free telephone number if the county does not have an elections division Internet Web site.
   
2. Requires each county elections official to establish a free access system that allows a VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. Requires this free access system to be available to a VBM voter upon completion of the official canvass of election results and for 30 days after the completion of the official canvass.

This bill requires that when a county elections official updates the county’s EMS or voter look-up tool on the county’s Internet Web site with new voter information related to the above, the elections official shall provide the updated information to the SOS to update the information that the SOS provides to the public.

Background

EMSs and VoteCal. When preparing for and conducting elections, elections officials use an EMS to prepare ballots and programs for use in casting and counting votes, and to consolidate, report, and display election results. Elections officials also use their EMS to register voters and to update voter information.

The federal Help America Vote Act (HAVA) generally requires each state to implement a single, centralized, interactive computerized statewide voter registration list that is defined, maintained, and administered at the state level and that contains the name and registration information of every legally registered voter in the state. California’s federally compliant statewide voter registration database -- known as VoteCal -- interacts and exchanges information with the county EMSs.

Vote by Mail Ballot Tracking. SB 589 (Hill, Chapter 280, Statutes of 2013) requires county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. The free access systems that counties use to comply with SB 589 generally rely on information from the counties’ EMSs to provide voters with the status of their VBM ballots.

When SB 589 was enacted, California had not yet deployed the VoteCal database. Instead, the state was using a legacy voter registration database, known as Calvoter, that achieved some of the goals of the voter registration list required by HAVA, but that did not satisfy all of the requirements in that law. When California replaced the Calvoter system with VoteCal in September 2016, the SOS also launched a “My Voter Status” portal that allows eligible Californians to register to vote, check their voter registration status, and check the status of their VBM or provisional ballots, among other functions. The “My Voter Status” portal uses information from VoteCal to provide voters with the status of their VBM ballots; VoteCal, in turn, receives information about the status of voters’ ballots from the county EMSs.

If the information from a county’s EMS about the status of a voter’s VBM ballot is not immediately shared with the VoteCal system, a voter may receive different information about the status of the voter’s VBM ballot from the county’s free access system than would be provided through the SOS’s “My Voter Status” portal. This bill seeks to ensure consistency in the information provided by those two VBM ballot status tools by requiring counties to provide VoteCal with updated information about the status of VBM ballots at the same time that the county updates its EMS with that information.

Comments

1. According to the author, county elections officials are required to update the SOS with updated ballot information – the communication between EMS and the SOS may be automatic or could take weeks. With AB 299, the State can continue to protect election integrity and provide greater transparency to voters by providing the public with accurate ballot information on both the county election Web site and the SOS’s Web site.

Related/Prior Legislation

AB 2218 (Berman, Chapter 432, Statutes of 2018) required the SOS, by January 1, 2020, to establish a system to allow a VBM voter to track and receive information about their VBM ballot as it moves through the mail and is processed by the county elections official.

SB 589 (Hill, Chapter 280, Statutes of 2013) required county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/21/19)

Secretary of State Alex Padilla (source)

City of Arvin

City of Delano

City of McFarland

City of Wasco

OPPOSITION: (Verified 6/21/19)

None received

ARGUMENTS IN SUPPORT: In a letter supporting AB 299, the SOS stated, in part:

During the 2018 election cycle, some county and state election websites provided voters with inconsistent information regarding whether their ballot was processed. Technological reasons in local election management systems may sometime cause information provided to a voter by the state and county to be inconsistent. AB 299 will help further ensure the county election management system information is aligned with the Secretary of State’s VoteCal system to prevent unnecessary discrepancies. This bill clarifies that information provided to the public by a county is provided to the Secretary of State so there is no confusion over the cause of a potential inconsistency.

ASSEMBLY FLOOR: 72-0, 3/28/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Calderon, Dahle, Fong, Cristina Garcia, Kamlager-Dove, Rodriguez, Smith

Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106

6/26/19 15:44:09

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Thomas Umberg, Chair

2019 - 2020 Regular

Bill No: AB 299 Hearing Date: 6/4/19

Subject: Vote by mail ballot tracking.

DIGEST

This bill requires a county elections official to provide updated information to the Secretary of State (SOS) about the status of a vote by mail (VBM) ballot at the same time that the county updates its election management system (EMS) or a voter look-up tool on the county’s internet website with that information.

ANALYSIS

Existing law:

1. Requires each county elections official to establish procedures to track and confirm the receipt of voted VBM ballots and to make this information available on the county’s elections division internet website, or by a toll-free telephone number if the county does not have an elections division internet website.
   
2. Requires each county elections official to establish a free access system that allows a VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. Requires this free access system to be available to a VBM voter upon completion of the official canvass of election results and for 30 days after the completion of the official canvass.

This bill:

1. Requires that when a county elections official updates the county’s EMS or voter look-up tool on the county’s internet website with new voter information related to the above, the elections official shall provide the updated information to the SOS to update the information that the SOS provides to the public.

BACKGROUND

Election Management Systems and VoteCal. When preparing for and conducting elections, elections officials use an EMS to prepare ballots and programs for use in casting and counting votes, and to consolidate, report, and display election results. Elections officials also use their EMS to register voters and to update voter information.

The federal Help America Vote Act (HAVA) generally requires each state to implement a single, centralized, interactive computerized statewide voter registration list that is defined, maintained, and administered at the state level and that contains the name and registration information of every legally registered voter in the state. California’s federally compliant statewide voter registration database -- known as VoteCal -- interacts and exchanges information with the county EMSs.

Vote by Mail Ballot Tracking. SB 589 (Hill), Chapter 280, Statutes of 2013, requires county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. The free access systems that counties use to comply with SB 589 generally rely on information from the counties’ EMSs to provide voters with the status of their VBM ballots.

When SB 589 was enacted, California had not yet deployed the VoteCal database. Instead, the state was using a legacy voter registration database, known as Calvoter, that achieved some of the goals of the voter registration list required by HAVA, but that did not satisfy all of the requirements in that law. When California replaced the Calvoter system with VoteCal in September 2016, the SOS also launched a “My Voter Status” portal that allows eligible Californians to register to vote, check their voter registration status, and check the status of their VBM or provisional ballots, among other functions. The “My Voter Status” portal uses information from VoteCal to provide voters with the status of their VBM ballots; VoteCal, in turn, receives information about the status of voters’ ballots from the county EMSs.

If the information from a county’s EMS about the status of a voter’s VBM ballot is not immediately shared with the VoteCal system, a voter may receive different information about the status of the voter’s VBM ballot from the county’s free access system than would be provided through the SOS’s “My Voter Status” portal. This bill seeks to ensure consistency in the information provided by those two VBM ballot status tools by requiring counties to provide VoteCal with updated information about the status of VBM ballots at the same time that the county updates its EMS with that information.

COMMENTS

1. According to the author: County elections officials are required to update the Secretary of State with updated ballot information – the communication between EMS (Election Management System) and the Secretary of State may be automatic or could take weeks. With AB 299, the State can continue to protect election integrity and provide greater transparency to voters by providing the public with accurate ballot information on both the county election website and the Secretary of State’s website.
   
2. Argument in Support. In a letter supporting AB 299, the SOS stated, in part:

During the 2018 election cycle, some county and state election websites provided voters with inconsistent information regarding whether their ballot was processed. Technological reasons in local election management systems may sometime cause information provided to a voter by the state and county to be inconsistent. AB 299 will help further ensure the county election management system information is aligned with the Secretary of State’s VoteCal system to prevent unnecessary discrepancies. This bill clarifies that information provided to the public by a county is provided to the Secretary of State so there is no confusion over the cause of a potential inconsistency.

RELATED/PRIOR LEGISLATION

SB 589 (Hill), Chapter 280, Statutes of 2013, required county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why.

AB 2218 (Berman), Chapter 432, Statutes of 2018, required the SOS, by January 1, 2020, to establish a system to allow a VBM voter to track and receive information about their VBM ballot as it moves through the mail and is processed by the county elections official.

PRIOR ACTION

POSITIONS

Sponsor: Secretary of State Alex Padilla

Support: City of Arvin

City of Delano

City of McFarland

City of Wasco

Oppose: None received

-- END --

Date of Hearing: March 20, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 299

Author:(Salas) – As Amended Ver:March 14, 2019

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

SUMMARY:

This bill requires a county elections official to provide updated information to the Secretary of State (SOS) about the status of a vote by mail (VBM) ballot at the same time the county updates its election management system (EMS) or voter look-up tool on the county’s internet website.

FISCAL EFFECT:

Minor and absorbable costs.

COMMENTS:

1. Purpose. According to the author:

County elections officials are required to update the Secretary of State with updated ballot information – the communication between EMS (Election Management System) and the Secretary of State may be automatic or could take weeks. With AB 299, the State can continue to protect election integrity and provide greater transparency to voters by providing the public with accurate ballot information on both the county election website and the Secretary of State’s website.

1. Background. County election officials are required to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted, and if not, why. Counties generally rely on their EMS to provide voters with the status of their VBM ballots.

Since the 2016 general election, California voters have also been able to look up the status of their VBM ballots on the SOS’s My Voter Status website that uses information from the SOS’ VoteCal database. VoteCal receives information from counties EMSs.

If the information from a county’s EMS about the status of a voter’s VBM ballot is not immediately shared with the VoteCal system, a voter may receive different information due to timing. This bill seeks to ensure consistency in the information provided by those two VBM ballot status tools by requiring counties to provide VoteCal with updated information at the same time the county updates its EMS.

1. Prior Legislation. SB 589 (Hill), Chapter 280, Statutes of 2013, requires county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why.

AB 2218 (Berman), Chapter 432, Statutes of 2018, requires the SOS, by January 1, 2020, to establish a system to allow a VBM voter to track and receive information about their VBM ballot as it moves through the mail and is processed by the county elections official.

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

Date of Hearing: March 13, 2019

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:AB 299 (

Author:Salas) – As Introduced Ver:January 28, 2019

AS PROPOSED TO BE AMENDED

SUBJECT: Vote by mail ballot tracking.

SUMMARY: Requires a county elections official to provide updated information to the Secretary of State (SOS) about the status of a vote by mail (VBM) ballot at the same time that the county updates its election management system (EMS) or a voter look-up tool on the county’s internet website with that information.

EXISTING LAW:

1. Requires each county elections official to establish procedures to track and confirm the receipt of voted VBM ballots and to make this information available on the county’s elections division internet website, or by a toll-free telephone number if the county does not have an elections division internet website.
2. Requires each county elections official to establish a free access system that allows a VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. Requires this free access system to be available to a VBM voter upon completion of the official canvass of election results and for 30 days after the completion of the official canvass.

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

COMMENTS:

1. Author's Amendments: As currently in print, this bill requires a county elections official to provide updated information to the SOS about the status of a VBM ballot at the same time that the county updates a system with that information. After the committee's deadline for pre-committee author's amendments, the author proposed technical amendments to clarify that the bill is intended to apply whenever a county updates its EMS or a voter look-up tool on the county’s internet website with that information. This analysis reflects those proposed author’s amendments.
2. Purpose of the Bill: According to the author:

County elections officials are required to update the Secretary of State with updated ballot information – the communication between EMS (Election Management System) and the Secretary of State may be automatic or could take weeks. This delay causes discrepancies in ballot information provided to the public. AB 299 will ensure timely communication between county elections officials and the Secretary of State to provide voters with the most accurate, up-to date information available. With AB 299, the State can continue to protect election integrity and provide greater transparency to voters by providing the public with accurate ballot information on both the county election website and the Secretary of State’s website.

1. Election Management Systems and VoteCal: When preparing for and conducting elections, elections officials use an EMS to prepare ballots and programs for use in casting and counting votes, and to consolidate, report, and display election results. Elections officials also use their EMS to register voters and to update voter information.
   
   The federal Help America Vote Act (HAVA) generally requires each state to implement a single, centralized, interactive computerized statewide voter registration list that is defined, maintained, and administered at the state level and that contains the name and registration information of every legally registered voter in the state. California’s federally compliant statewide voter registration database—known as VoteCal—interacts and exchanges information with the county EMSs.
   
2. Vote by Mail Ballot Tracking: SB 589 (Hill), Chapter 280, Statutes of 2013, requires county elections officials to maintain a free access system that allows each VBM voter to learn if the voter’s ballot was counted and, if not, the reason why the ballot was not counted. The free access systems that counties use to comply with SB 589 generally rely on information from the counties’ EMSs to provide voters with the status of their VBM ballots.
   
   When SB 589 was enacted, California had not yet deployed the VoteCal database. Instead, the state was using a legacy voter registration database, known as Calvoter, that achieved some of the goals of the voter registration list required by HAVA, but that did not satisfy all of the requirements in that law. When California replaced the Calvoter system with VoteCal in September 2016, the SOS also launched a “My Voter Status” portal that allows eligible Californians to register to vote, check their voter registration status, and check the status of their VBM or provisional ballots, among other functions. The “My Voter Status” portal uses information from VoteCal to provide voters with the status of their VBM ballots; VoteCal, in turn, receives information about the status of voters’ ballots from the county EMSs.
   
   If the information from a county’s EMS about the status of a voter’s VBM ballot is not immediately shared with the VoteCal system, a voter may receive different information about the status of the voter’s VBM ballot from the county’s free access system than would be provided through the SOS’s My Voter Status portal. This bill seeks to ensure consistency in the information provided by those two VBM ballot status tools by requiring counties to provide VoteCal with updated information about the status of VBM ballots at the same time that the county updates its EMS with that information.
3. Previous Legislation: AB 2218 (Berman), Chapter 432, Statutes of 2018, requires the SOS, no later than January 1, 2020, to establish a system that a county elections official may use to allow a VBM voter to track and receive information about the voter’s VBM ballot as it moves through the mail system and as the VBM ballot is processed by the county elections official, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

Secretary of State Alex Padilla (sponsor)

Opposition

None on file.

Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094