Existing law authorizes any county to conduct an election as an all-mailed ballot election if certain requirements are met, including that the county establishes vote centers throughout the county for voters to, among other things, vote and return the voters vote by mail ballot. Under existing law, a person who votes a vote by mail ballot is required to place the ballot in the identification envelope provided to the voter, sign the envelope, and return the ballot by mail or in person.

This bill would authorize a voter to vote their vote by mail ballot without the identification envelope if the voter returns the ballot in person at the polling place designated for the voters home precinct or a vote center, if specified conditions are met. The bill would require a ballot cast in this manner to be processed and counted like a nonprovisional ballot cast in person at the polling place or vote center. By imposing additional duties on county 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 authorizes any county to conduct an election as an all-mailed ballot election if certain requirements are met, including that the county establishes vote centers throughout the county for voters to, among other things, vote and return the voters vote by mail ballot. Under existing law, a person who votes a vote by mail ballot is required to place the ballot in the identification envelope provided to the voter, sign the envelope, and return the ballot by mail or in person.

This bill would authorize a voter to vote their vote by mail ballot without the identification envelope if the voter returns the ballot in person at the polling place designated for the voters home precinct or a vote center, if specified conditions are met. The bill would require a ballot cast in this manner to be processed and counted like a nonprovisional ballot cast in person at the polling place or vote center. By imposing additional duties on county 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 authorizes any county to conduct an election as an all-mailed ballot election if certain requirements are met, including that the county establishes vote centers throughout the county for voters to, among other things, vote and return the voters vote by mail ballot. Under existing law, a person who votes a vote by mail ballot is required to place the ballot in the identification envelope provided to the voter, sign the envelope, and return the ballot by mail or in person.

This bill would authorize a voter to vote their vote by mail ballot without the identification envelope if the voter returns the ballot in person at the polling place designated for the voters home precinct or a vote center and provides their name, address, and signature to the vote center election board, as specified. center, if specified conditions are met. The bill would require a ballot cast in this manner to be processed and counted like a nonprovisional ballot cast in person at the polling place or vote center. By imposing additional duties on county 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 authorizes any county to conduct an election as an all-mailed ballot election if certain requirements are met, including that the county establishes vote centers throughout the county for voters to, among other things, vote and return the voters vote by mail ballot. Under existing law, a person who votes a vote by mail ballot is required to place the ballot in the identification envelope provided to the voter, sign the envelope, and return the ballot by mail or in person.

This bill would authorize a voter to vote their vote by mail ballot without the identification envelope if the voter returns the ballot in person at a vote center and provides their name, address, and signature to the vote center election board, as specified. The bill would require a ballot cast in this manner to be processed and counted like a nonprovisional ballot cast in person at the vote center. By imposing additional duties on county 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.

 THIRD READING  

Bill No: AB 626

Author: Pellerin (D)

Amended: 3/20/23 in Assembly

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 6/20/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NOES: Nguyen

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 69-2, 5/31/23 - See last page for vote

SUBJECT: Voting: returning vote by mail ballots in person

SOURCE: Author

DIGEST:

This bill authorizes a voter to return their vote by mail (VBM) ballot to an in-person voting location, without placing the ballot into a ballot identification envelope if specified conditions are met.

ANALYSIS:

Existing law:

1. Requires an elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate. Requires the elections official to begin mailing VBM ballots no later than 29 days before the election, as specified.
2. Requires the elections official, when mailing a VBM ballot to a voter, to include all supplies necessary for the use and return of the ballot, including an identification envelope with prepaid postage for the return of the VBM ballot.
3. Requires the identification envelope to contain all of the following information:
   1. A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope.
   2. The signature of the voter.
   3. The residence address of the voter as shown on the affidavit of registration.
   4. The date of signing.
   5. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
   6. A warning plainly stamped or printed on it that voting twice constitutes a crime.
   7. A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted.
   8. A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election.
   9. The name and signature of the person authorized by the voter to return the VBM ballot, if any.
      
4. Requires an elections official, upon receiving a VBM ballot, to compare the signature on the identification envelope with either of the following to determine if the signatures compare:
   1. The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter; or
   2. The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record.
5. Requires a voter to be issued a non-provisional ballot to vote at the voter’s designated polling place, a vote center, or the office of the elections official, if either of the following conditions are met:
   
   1. The voter surrenders their VBM ballot to the inspector of the precinct board, a member of the vote center election board, or the elections official; or
      
   2. The voter is unable to surrender their VBM ballot, but the precinct board, vote center election board, or elections official does both of the following:
      1. Verifies that the voter has not returned their VBM ballot; and
      2. Notates the voter’s record to ensure that their VBM ballot is not cast or tabulated after the person votes at the polls.

6) Requires a voter who appears to vote at the voter’s designated polling place, a vote center, or the office of the elections official, to be issued a provisional ballot if the conditions detailed above are not met.

7) Requires an elections official who determines that the signature on a VBM ballot identification envelope compares to a signature in the voter’s registration record to deposit the ballot, still in the identification envelope, in a ballot container in the official’s office.

8) Requires a person who desires to vote at an in-person voting location, to provide the person’s name and address. Requires the person, upon the precinct officers finding the name in the roster, to sign the person’s name in the space provided or, if the voter is unable to sign, to have the voter’s name signed by another person on the roster provided for that purpose.

This bill:

1. Permits a voter to vote their VBM ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center, if all of the following conditions are met:
   1. If the precinct board or vote center election board has real-time access to the county elections official’s election management system and does both of the following:
      1. Verifies that the voter has not returned a vote by mail ballot for that election.
      2. Changes the status of the voter in the election management system from a vote by mail voter to an in person voter.
   2. After the voter’s status has been changed the voter provides their name and address and signs the roster for the voting location.
   3. The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedure.
      
2. Requires a ballot cast pursuant to this bill be processed and counted in the same manner as a non-provisional ballot cast in person at the polling place or vote center.

Background

Use of VBM Ballots in California Elections. In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley, Chapter 922, Statutes of 2001) which authorized any voter to become a permanent VBM voter, among other provisions. Since that time, California voters have increasingly used VBM ballots to vote in elections. At the 2000 statewide general election (the last statewide election held before AB 1520 was enacted), 24.5% of Californians who voted in that election did so using a VBM ballot. By contrast, since 2012, a majority of ballots cast in every California statewide election have been VBM ballots.

Subsequent changes to California’s election laws have further contributed to an increased use of VBM ballots in elections. As an accommodation to facilitate voting at the 2020 general election during the height of the COVID-19 pandemic, the Legislature approved and Governor Newsom signed AB 860 (Berman, Chapter 4, Statutes of 2020) which required county elections officials to mail a ballot to every active registered voter for the November 3, 2020 statewide general election, among other provisions. The policy of requiring county elections officials to mail a ballot to all active registered voters ultimately was made permanent through the passage of AB 37 (Berman, Chapter 312, Statutes of 2021). At every statewide election held since California began mailing a ballot to every active registered voter, more than 86% of Californians who voted did so using a VBM ballot.

Since the November 2020 presidential general election, between 15-20% of VBM ballots cast at regularly-scheduled statewide elections have been dropped off at vote centers or other ballot drop-off locations, a category that includes polling places and the offices of county elections officials. Many of those ballots would be able to be voted without an identification envelope under the provisions of this bill.

The following chart details the historical use of VBM ballots by California voters in statewide elections since 2000:

A voter’s ballot is classified as a VBM ballot if it was issued to the voter as a VBM ballot, even if the ballot is not ultimately returned by mail. According to information from the SOS, in recent statewide elections, more than a third of VBM ballots have been returned by voters through methods other than by mail, including VBM ballots that are returned to ballot drop boxes, ballot drop-off locations, polling places, and vote centers. For the November 2020 presidential general election, more than 60% of the VBM ballots cast were returned by a method other than by mail.

Comments

1. According to the author, currently, elections officials cannot possibly process and prepare for the Election Night semi-official vote count on time due to thousands of mailed ballots turned in via mail or drop box in the final days before an election. In past elections, elections officials will count more ballots after election night than on election night due to the fact that so many voters wait until the final days before an election to turn in their voted ballot. If voters are allowed to walk their mailed ballot in and have it counted as an in-person ballot on Election Night, this will result in faster processing of their ballot because elections officials will not have to go through the many manual steps required to process a returned mailed ballot, such as signature comparison, opening and extracting the ballot, and ballot inspection. AB 626 will significantly speed up ballot processing after an election for voters who walk their voted mail ballot to a voting location to be processed instead of returning the ballot by mail or drop box during the few days before an election. By allowing voters to take their voted mailed ballot into a voting location, have their voter record updated to reflect that they are voting in person, and then have their ballot counted as an in-person ballot, the ballot can be processed more quickly with fewer demands on elections workers’ time.
2. Ballot Processing and Counting. Non-provisional ballots (a.k.a., “live,” “regular,” or “polling place” ballots) that are cast at in-person voting locations generally are placed into a ballot box without first being put into an identification envelope, and can be counted by the elections official without needing to undergo further verification. As a result, most ballots cast at in-person voting locations generally can be included in the election results that are released by elections officials in the hours after the polls close.

By contrast, under existing law, a VBM voter generally will place their completed VBM ballot into an identification envelope before returning that ballot to the elections official. Before a VBM ballot identification envelope can be opened and the ballot counted, the elections official must first verify certain information on the envelope (including a comparison of the voter’s signature on the identification envelope to the signature(s) in the voter’s registration record). State law allows elections officials to begin that verification process as soon as they receive a completed VBM ballot from a voter. A large number of VBM ballots are returned on or close to Election Day, however, and elections officials generally are unable to complete the required verification for those ballots until after Election Day. As a result, a substantial majority of ballots that are counted in the days and weeks after an election are VBM ballots for which the required verification could not be completed before Election Day.

While existing law allows a voter to surrender their VBM ballot at an in-person voting location and be issued a non-provisional ballot that can be placed into a ballot box without an identification envelope, that option requires the voter to mark the newly issued ballot at the voting location. A voter who already marked their VBM ballot at home may not want to take the time to make their selections again on a newly issued ballot. By allowing VBM ballots to be voted without the use of a ballot identification envelope in specified circumstances, this bill should increase the number of ballots that are able to be counted as part of the election night results.

Related/Prior Legislation

AB 398 (Pellerin, 2023) allows an elections official to provide a replacement VBM ballot to a voter without the need for the voter to provide a specified statement under penalty of perjury.

AB 2608 (Berman, Chapter 161, Statutes of 2022), among other provisions, repealed provisions of law related to applications for VBM ballots, including laws that that allowed elections officials to offer voters the ability to apply for VBM ballots electronically or by telephone, and consolidated provisions of law that govern the issuance of a second VBM ballot to a voter.

AB 1520 (Shelley, Chapter 922, Statutes of 2001) authorized any voter to become a permanent VBM voter, among other provisions.

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

According to the Senate Appropriations Committee,

• By requiring a county elections official to process VBM ballots returned to an in-person location in a specified manner, 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 magnitude is unknown, but potentially in excess of $50,000 annually.
• This bill would not have a fiscal impact to the Secretary of State (SOS).

SUPPORT: (Verified 9/1/23)

California Association of Clerks and Elections Officials

California Environmental Voters

Disability Rights California

Election Integrity Project California, Inc.

League of Women Voters of California

Silicon Valley Community Foundation

OPPOSITION: (Verified 9/1/23)

None received

ASSEMBLY FLOOR: 69-2, 5/31/23

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NOES: Chen, Davies

NO VOTE RECORDED: Alanis, Flora, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

9/2/23 16:58:10

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 626 (Pellerin) - Voting: returning vote by mail ballots in person

Bill Summary:

AB 626 would authorize a voter to return their vote by mail (VBM) ballot to an in-person voting location, without placing the ballot into a ballot identification envelope, if specified conditions are met.

Fiscal Impact:

• By requiring a county elections official to process VBM ballots returned to an in-person location in a specified manner, 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 magnitude is unknown, but potentially in excess of $50,000 annually.
• This bill would not have a fiscal impact to the Secretary of State (SOS).

Background:

AB 37 (Berman, Chapter 312, Statutes of 2021) required county elections officials to mail every active registered voter a ballot prior to an election. California voters have increasingly utilized vote-by-mail VBM ballots when voting in elections. In the 2022 General Election, about 88 percent of the votes cast were done using VBM ballots, up from 48 percent in November 2010, and 25 percent in November 2000.

Ballots cast at in-person voting locations are generally placed into a ballot box without first being put into an identification envelope and can be counted by the elections official without needing to undergo further verification. Consequently, most ballots cast at in-person voting locations are generally included in the election results released by officials in the hours after polls close. In contrast, a VBM ballot must be placed into an identification envelope and the elections official must first verify certain information on the envelope, such as comparing the voter’s signature on the envelope to the signature in the voter’s registration record, before counting the ballot.

Current law allows an elections official to begin the VBM ballot verification process as soon as a completed VBM ballot is received. However, since a large number of VBM ballots are returned on or close to Election Day, officials are generally unable to complete the required verification until after election day. Additionally, although existing law allows a voter to surrender their VBM ballot at an in-person voting location in exchange for a ballot that can be cast without an identification envelope, this option requires the voter to take the time to mark up the new ballot at the voting location.

Proposed Law:

This bill would do the following:

• Permit a voter to vote their VBM ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center, if all of the following conditions are met:
  • If the precinct board or vote center election board has real-time access to the county elections official’s election management system and does both of the following: (1) verifies that the voter has not returned a vote by mail ballot for that election, and (2) changes the status of the voter in the election management system from a vote by mail voter to an in person voter.
  • After the voter’s status has been changed the voter provides their name and address and signs the roster for the voting location.
  • The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedure.
• Require a ballot cast pursuant to this bill be processed and counted in the same manner as a non-provisional ballot cast in person at the polling place or vote center.

Related Legislation:

• AB 398 (Pellerin) would allow an elections official to provide a replacement VBM ballot to a voter without the need for the voter to provide a specified statement under penalty of perjury. The bill is currently pending on the Senate Floor.
• AB 2608 (Berman, Chapter 161, Statutes of 2022), among other provisions, repealed provisions of law related to applications for VBM ballots, including laws that that allowed elections officials to offer voters the ability to apply for VBM ballots electronically or by telephone, and consolidated provisions of law that govern the issuance of a second VBM ballot to a voter.
• AB 1520 (Shelley, Chapter 922, Statutes of 2001) authorized any voter to become a permanent VBM voter, among other provisions.

Staff Comments: As noted previously, this bill would allow a voter to return a VBM ballot in person, without using the identification envelope, if specified voter verification mechanisms are in place. While some counties do not estimate any costs as a result of this bill, other counties estimate one-time and per-election costs up to several hundreds of thousands of dollars for additional equipment and staffing to accommodate increased in-person activity at voting locations.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: AB Hearing Date: 6/20/23

Subject: Voting: returning vote by mail ballots in person.

DIGEST

This bill authorizes a voter to return their vote by mail (VBM) ballot to an in-person voting location, without placing the ballot into a ballot identification envelope if specified conditions are met.

ANALYSIS

Existing law:

1. Requires an elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate. Requires the elections official to begin mailing VBM ballots no later than 29 days before the election, as specified.
2. Requires the elections official, when mailing a VBM ballot to a voter, to include all supplies necessary for the use and return of the ballot, including an identification envelope with prepaid postage for the return of the VBM ballot.
3. Requires the identification envelope to contain all of the following information:
   1. A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope.
   2. The signature of the voter.
   3. The residence address of the voter as shown on the affidavit of registration.
   4. The date of signing.
   5. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
   6. A warning plainly stamped or printed on it that voting twice constitutes a crime.
   7. A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted.
   8. A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election.
   9. The name and signature of the person authorized by the voter to return the VBM ballot, if any.
      
4. Requires an elections official, upon receiving a VBM ballot, to compare the signature on the identification envelope with either of the following to determine if the signatures compare:
   1. The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter; or
   2. The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record.
5. Requires a voter to be issued a non-provisional ballot to vote at the voter’s designated polling place, a vote center, or the office of the elections official, if either of the following conditions are met:
   
   1. The voter surrenders their VBM ballot to the inspector of the precinct board, a member of the vote center election board, or the elections official; or
      
   2. The voter is unable to surrender their VBM ballot, but the precinct board, vote center election board, or elections official does both of the following:
      1. Verifies that the voter has not returned their VBM ballot; and
      2. Notates the voter’s record to ensure that their VBM ballot is not cast or tabulated after the person votes at the polls.

6) Requires a voter who appears to vote at the voter’s designated polling place, a vote center, or the office of the elections official, to be issued a provisional ballot if the conditions detailed above are not met.

7) Requires an elections official who determines that the signature on a VBM ballot identification envelope compares to a signature in the voter’s registration record to deposit the ballot, still in the identification envelope, in a ballot container in the official’s office.

8) Requires a person who desires to vote at an in-person voting location, to provide the person’s name and address. Requires the person, upon the precinct officers finding the name in the roster, to sign the person’s name in the space provided or, if the voter is unable to sign, to have the voter’s name signed by another person on the roster provided for that purpose.

This bill:

1. Permits a voter to vote their VBM ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center, if all of the following conditions are met:
   1. If the precinct board or vote center election board has real-time access to the county elections official’s election management system and does both of the following:
      1. Verifies that the voter has not returned a vote by mail ballot for that election.
      2. Changes the status of the voter in the election management system from a vote by mail voter to an in person voter.
   2. After the voter’s status has been changed the voter provides their name and address and signs the roster for the voting location.
   3. The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedure.
      
2. Requires a ballot cast pursuant to this bill be processed and counted in the same manner as a non-provisional ballot cast in person at the polling place or vote center.

BACKGROUND

Use of VBM Ballots in California Elections. In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley), Chapter 922, Statutes of 2001, which authorized any voter to become a permanent VBM voter, among other provisions. Since that time, California voters have increasingly used VBM ballots to vote in elections. At the 2000 statewide general election (the last statewide election held before AB 1520 was enacted), 24.5% of Californians who voted in that election did so using a VBM ballot. By contrast, since 2012, a majority of ballots cast in every California statewide election have been VBM ballots.

Subsequent changes to California’s election laws have further contributed to an increased use of VBM ballots in elections. As an accommodation to facilitate voting at the 2020 general election during the height of the COVID-19 pandemic, the Legislature approved and Governor Newsom signed AB 860 (Berman), Chapter 4, Statutes of 2020, which required county elections officials to mail a ballot to every active registered voter for the November 3, 2020 statewide general election, among other provisions. The policy of requiring county elections officials to mail a ballot to all active registered voters ultimately was made permanent through the passage of AB 37 (Berman), Chapter 312, Statutes of 2021. At every statewide election held since California began mailing a ballot to every active registered voter, more than 86% of Californians who voted did so using a VBM ballot.

Since the November 2020 presidential general election, between 15-20% of VBM ballots cast at regularly-scheduled statewide elections have been dropped off at vote centers or other ballot drop-off locations, a category that includes polling places and the offices of county elections officials. Many of those ballots would be able to be voted without an identification envelope under the provisions of this bill.

The following chart details the historical use of VBM ballots by California voters in statewide elections since 2000:

A voter’s ballot is classified as a VBM ballot if it was issued to the voter as a VBM ballot, even if the ballot is not ultimately returned by mail. According to information from the SOS, in recent statewide elections, more than a third of VBM ballots have been returned by voters through methods other than by mail, including VBM ballots that are returned to ballot drop boxes, ballot drop-off locations, polling places, and vote centers. For the November 2020 presidential general election, more than 60% of the VBM ballots cast were returned by a method other than by mail.

COMMENTS

1. According to the author: Currently, elections officials cannot possibly process and prepare for the Election Night semi-official vote count on time due to thousands of mailed ballots turned in via mail or drop box in the final days before an election. In past elections, elections officials will count more ballots after election night than on election night due to the fact that so many voters wait until the final days before an election to turn in their voted ballot. If voters are allowed to walk their mailed ballot in and have it counted as an in-person ballot on Election Night, this will result in faster processing of their ballot because elections officials will not have to go through the many manual steps required to process a returned mailed ballot, such as signature comparison, opening and extracting the ballot, and ballot inspection. AB 626 will significantly speed up ballot processing after an election for voters who walk their voted mail ballot to a voting location to be processed instead of returning the ballot by mail or drop box during the few days before an election. By allowing voters to take their voted mailed ballot into a voting location, have their voter record updated to reflect that they are voting in person, and then have their ballot counted as an in-person ballot, the ballot can be processed more quickly with fewer demands on elections workers’ time.
2. Argument in Support. In a letter supporting AB 626, the League of Women Voters of California stated, in part, the following:

It is of critical importance that California, having moved to universal mailing of ballots, also retain convenient in-person options where voters can access assistance and vote with confidence. Furthermore, in-person ballots are processed and counted faster than mailed ballots, and counting more ballots on election night will increase the public’s confidence in elections, expedite the canvass, and decrease the workload of elections staff.

1. Ballot Processing and Counting. Non-provisional ballots (a.k.a., “live,” “regular,” or “polling place” ballots) that are cast at in-person voting locations generally are placed into a ballot box without first being put into an identification envelope, and can be counted by the elections official without needing to undergo further verification. As a result, most ballots cast at in-person voting locations generally can be included in the election results that are released by elections officials in the hours after the polls close.

By contrast, under existing law, a VBM voter generally will place their completed VBM ballot into an identification envelope before returning that ballot to the elections official. Before a VBM ballot identification envelope can be opened and the ballot counted, the elections official must first verify certain information on the envelope (including a comparison of the voter’s signature on the identification envelope to the signature(s) in the voter’s registration record). State law allows elections officials to begin that verification process as soon as they receive a completed VBM ballot from a voter. A large number of VBM ballots are returned on or close to Election Day, however, and elections officials generally are unable to complete the required verification for those ballots until after Election Day. As a result, a substantial majority of ballots that are counted in the days and weeks after an election are VBM ballots for which the required verification could not be completed before Election Day.

While existing law allows a voter to surrender their VBM ballot at an in-person voting location and be issued a non-provisional ballot that can be placed into a ballot box without an identification envelope, that option requires the voter to mark the newly issued ballot at the voting location. A voter who already marked their VBM ballot at home may not want to take the time to make their selections again on a newly issued ballot. By allowing VBM ballots to be voted without the use of a ballot identification envelope in specified circumstances, this bill should increase the number of ballots that are able to be counted as part of the election night results.

RELATED/PRIOR LEGISLATION

AB 398 (Pellerin) of 2023 allows an elections official to provide a replacement VBM ballot to a voter without the need for the voter to provide a specified statement under penalty of perjury.

AB 2608 (Berman), Chapter 161, Statutes of 2022, among other provisions, repealed provisions of law related to applications for VBM ballots, including laws that that allowed elections officials to offer voters the ability to apply for VBM ballots electronically or by telephone, and consolidated provisions of law that govern the issuance of a second VBM ballot to a voter.

AB 1520 (Shelley), Chapter 922, Statutes of 2001, authorized any voter to become a permanent VBM voter, among other provisions.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: California Association of Clerks and Elections Officials

California Environmental Voters

Disability Rights California

Election Integrity Project California, Inc.

League of Women Voters of California

Silicon Valley Community Foundation

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 626

Author:(Pellerin)

As Amended Ver:March 20, 2023

Majority vote

SUMMARY

Allows a voter to return their vote by mail (VBM) ballot to an in-person voting location, without placing the ballot into a ballot identification envelope, if specified conditions are met.

Major Provisions

1. Permits a voter to vote their VBM ballot, without the identification envelope, in person at the polling place designated for the voter's home precinct or at a vote center, if all of the following conditions are met:
   1. The precinct board or vote center election board has real-time access to the county elections official's election management system, and does both of the following:
      1. Verifies that the voter has not returned a VBM ballot for that election.
      2. Changes the status of the voter in the election management system from a VBM voter to an in-person voter.
   2. After the voter's status has been changed, the voter provides their name and address and signs the roster for the voting location.
   3. The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this bill does not submit more than one VBM ballot without the identification envelope.
2. Requires a ballot cast pursuant to this bill to be processed and counted in the same manner as a non-provisional ballot cast in person at the polling place or vote center.

COMMENTS

In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley), Chapter 922, Statutes of 2001, which authorized any voter to become a permanent VBM voter, among other provisions. Since that time, California voters have increasingly used VBM ballots to vote in elections. At the 2000 statewide general election (the last statewide election held before AB 1520 was enacted), 24.5% of Californians who voted in that election did so using a VBM ballot. By contrast, since 2012, a majority of ballots cast in every California statewide election have been VBM ballots.

Subsequent changes to California's election laws have further contributed to an increasing use of VBM ballots in elections. As an accommodation to facilitate voting at the 2020 general election during the height of the COVID-19 pandemic, the Legislature approved and Governor Newsom signed AB 860 (Berman), Chapter 4, Statutes of 2020, which required county elections officials to mail a ballot to every active registered voter for the November 3, 2020 statewide general election, among other provisions. The policy of requiring county elections officials to mail a ballot to all active registered voters ultimately was made permanent through the passage of AB 37 (Berman), Chapter 312, Statutes of 2021. At every statewide election held since California began mailing a ballot to every active registered voter, more than 86% of Californians who voted did so using a VBM ballot.

Even though state law requires county elections officials to mail a ballot to all active registered voters, in-person voting locations (e.g., polling places, vote centers, elections officials' offices) remain available for California voters. Non-provisional ballots (a.k.a., "live," "regular," or "polling place" ballots) that are cast at in-person voting locations generally are placed into a ballot box without first being put into an identification envelope, and can be counted by the elections official without needing to undergo further verification. As a result, most ballots cast at in-person voting locations generally can be included in the election results that are released by elections officials in the hours after the polls close.

By contrast, under existing law, a VBM voter generally will place their completed VBM ballot into an identification envelope before returning that ballot to the elections official. Before a VBM ballot identification envelope can be opened and the ballot counted, the elections official must first verify certain information on the envelope (including a comparison of the voter's signature on the identification envelope to the signature(s) in the voter's registration record). State law allows elections officials to begin that verification process as soon as they receive a completed VBM ballot from a voter. A large number of VBM ballots are returned on or close to election day, however, and elections officials generally are unable to complete the required verification for those ballots until after election day. As a result, a substantial majority of ballots that are counted in the days and weeks after an election are VBM ballots for which the required verification could not be completed before election day.

While existing law allows a voter to surrender their VBM ballot at an in-person voting location and be issued a non-provisional ballot that can be placed into a ballot box without an identification envelope, that option requires the voter to mark the newly issued ballot at the voting location. A voter who already marked their VBM ballot at home may not want to take the time to make their selections again on a newly issued ballot.

By allowing VBM ballots to be voted without the use of a ballot identification envelope in specified circumstances, this bill should increase the number of ballots that are able to be counted as part of the election night results.

According to the Author

"AB 626 will significantly speed up ballot processing after an election for voters who walk their voted mail ballot to a voting location to be processed instead of returning the ballot by mail or drop box during the few days before an election. By allowing voters to take their voted mailed ballot into a voting location, have their voter record updated to reflect that they are voting in person, and then have their ballot counted as an in-person ballot, the ballot can be processed more quickly with fewer demands on elections workers' time."

Arguments in Support

In support of this bill, the League of Women Voters of California writes. "It is of critical importance that California, having moved to universal mailing of ballots, also retain convenient in-person options where voters can access assistance and vote with confidence. Furthermore, in-person ballots are processed and counted faster than mailed ballots, and counting more ballots on election night will increase the public's confidence in elections, expedite the canvass, and decrease the workload of elections staff."

Arguments in Opposition

None received.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. By requiring a county elections official to process VBM ballots returned to an in-person location in a specified manner, this bill may create a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the county could claim reimbursement from the state (General Fund).

This bill does not require an elections official to meet all the specified conditions needed to subsequently allow a voter to return their VBM ballot without the identification envelope. However, many counties, especially those under the California Voter's Choice Act, already meet all the specified conditions, so will be required to accept open VBM ballots. While some counties do not estimate any costs as a result of this bill, other counties estimate one-time and per-election costs ranging from the low thousands of dollars to several hundreds of thousands of dollars for additional equipment and staffing to accommodate increased in-person activity at voting locations. Staff must also be retrained to facilitate a previously prohibited method of voting.

1. Minor and absorbable costs to the Secretary of State (SOS) to update informational materials reflecting specified changes to election procedures. If a significant number of other bills necessitating such updates become law, SOS notes additional resources may be needed to address the aggregate impact.

VOTES

ASM ELECTIONS: 6-0-2

YES: Bryan, Essayli, Lee, Low, Pellerin, Blanca Rubio

ABS, ABST OR NV: Lackey, Bennett

ASM APPROPRIATIONS: 12-3-1

YES: Holden, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Megan Dahle, Mathis, Sanchez

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: March 20, 2023

CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0000836

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 626

Author:(Pellerin) – As Amended Ver:March 20, 2023

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

SUMMARY:

This bill allows a voter, after specified conditions are met to verify the voter’s identity and status, to return their vote by mail (VBM) ballot in person, without the identification envelope, at a vote center or the voter’s home precinct polling place.

Specifically, this bill:

1. Allows a voter to utilize the above-described method of voting, if the following conditions are met:
2. The voting location has real-time access to the county elections official’s election management system, so the voter is verified as not having previously returned a VBM ballot for the current election and updated in the system to be an in-person voter.
3. The voter provides their name, address, and signature to the precinct officer for identification in the roster.
4. The elections official has established procedures to ensure a voter does not submit more than one VBM ballot in this manner.
5. Requires a ballot cast in this manner to be processed and counted like a non-provisional ballot.

FISCAL EFFECT:

1. By requiring a county elections official to process VBM ballots returned to an in-person location in a specified manner, this bill may create a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the county could claim reimbursement from the state (General Fund).

This bill does not require an elections official to meet all the specified conditions needed to subsequently allow a voter to return their VBM ballot without the identification envelope. However, many counties, especially those under the California Voter’s Choice Act, already meet all the specified conditions, so will be required to accept open VBM ballots. While some counties do not estimate any costs as a result of this bill, other counties estimate one-time and per-election costs ranging from the low thousands of dollars to several hundreds of thousands of dollars for additional equipment and staffing to accommodate increased in-person activity at voting locations. Staff must also be retrained to facilitate a previously prohibited method of voting.

1. Minor and absorbable costs to the Secretary of State (SOS) to update informational materials reflecting specified changes to election procedures. If a significant number of other bills necessitating such updates become law, SOS notes additional resources may be needed to address the aggregate impact.

COMMENTS:

1. Purpose. According to the author:

In past elections, elections officials will count more ballots after election night than on election night due to the fact that so many voters wait until the final days before an election to turn in their voted ballot. If voters are allowed to walk their mailed ballot in and have it counted as an in-person ballot on Election Night, this will result in faster processing of their ballot because elections officials will not have to go through the many manual steps required to process a returned mailed ballot, such as signature comparison, opening and extracting the ballot, and ballot inspection.

Supporters of this bill include the League of Women Voters of California and Election Integrity Project California.

1. VBM Ballot Processing and Counting. AB 37 (Berman), Chapter 312, Statutes of 2021, made permanent the practice adopted during the height of the COVID-19 pandemic for county elections officials to mail every active registered voter a ballot prior to an election. However, in-person voting locations remain available for California voters.

Ballots cast at in-person voting locations are generally placed into a ballot box without first being put into an identification envelope and can be counted by the elections official without needing to undergo further verification. As a result, most ballots cast at in-person voting locations are generally included in the election results released by officials in the hours after polls close. In contrast, a VBM ballot must be placed into an identification envelope and the elections official must first verify certain information on the envelope, such as comparing the voter’s signature on the envelope to the signature in the voter’s registration record, before counting the ballot.

Existing law allows an elections official to begin the VBM ballot verification process as soon as a completed VBM ballot is received. However, since a large number of VBM ballots are returned on or close to election day, officials are generally unable to complete the required verification until after election day. Additionally, although existing law allows a voter to surrender their VBM ballot at an in-person voting location in exchange for a ballot that can be cast without an identification envelope, this option requires the voter to mark up the new ballot at the voting location (time consuming for a voter who has previously marked their VBM ballot at home). This bill allows a voter to return their VBM ballot in person, without using the identification envelope, if specified voter verification mechanisms are in place.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: March 15, 2023

ASSEMBLY COMMITTEE ON ELECTIONS

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 626 (

Author:Pellerin) – As Introduced Ver:February 9, 2023

AS PROPOSED TO BE AMENDED

SUBJECT: Voting: returning vote by mail ballots in person.

SUMMARY: Allows a voter to return their vote by mail (VBM) ballot to an in-person voting location, without placing the ballot into a ballot identification envelope, if specified conditions are met. Specifically, this bill:

1. Permits a voter to vote their VBM ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center, as specified.
2. Requires, if the precinct board or vote center election board has real-time access to the county election official’s election management system, the status of a voter who seeks to vote their VBM ballot in person, without the identification envelope, to be changed in the election management system from a VBM voter to an in-person voter.
   
3. Requires, after the voter’s status has been changed, the voter to provide their name and address and sign the roster for the voting location.
   
4. Requires a ballot cast pursuant to this bill to be processed and counted in the same manner as a non-provisional ballot cast in person at the polling place or vote center.

EXISTING LAW:

1. Requires an elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate. Requires the elections official to begin mailing VBM ballots no later than 29 days before the election, as specified. (Elections Code §3000.5)
2. Requires the elections official, when mailing a VBM ballot to a voter, to include all supplies necessary for the use and return of the ballot, including an identification envelope with prepaid postage for the return of the VBM ballot. (Elections Code §3010) Requires the identification envelope to contain all of the following information:
   1. A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope.
   2. The signature of the voter.
   3. The residence address of the voter as shown on the affidavit of registration.
   4. The date of signing.
   5. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
   6. A warning plainly stamped or printed on it that voting twice constitutes a crime.
   7. A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted.
   8. A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election.
   9. The name and signature of the person authorized by the voter to return the VBM ballot, if any. (Elections Code §3011)
      
3. Requires an elections official, upon receiving a VBM ballot, to compare the signature on the identification envelope with either of the following to determine if the signatures compare:
   1. The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter; or,
   2. The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (Elections Code §3019(a))
4. Requires a voter to be issued a non-provisional ballot to vote at the voter’s designated polling place, a vote center, or the office of the elections official, if either of the following conditions are met:
   
   1. The voter surrenders their VBM ballot to the inspector of the precinct board, a member of the vote center election board, or the elections official; or,
      
   2. The voter is unable to surrender their VBM ballot, but the precinct board, vote center election board, or elections official does both of the following:
      1. Verifies that the voter has not returned their VBM ballot; and,
      2. Notates the voter’s record to ensure that their VBM ballot is not cast or tabulated after the person votes at the polls. (Elections Code §3015)

Requires a voter who appears to vote at the voter’s designated polling place, a vote center, or the office of the elections official, to be issued a provisional ballot if the conditions detailed above are not met. (Elections Code §3016)

1. Requires an elections official who determines that the signature on a VBM ballot identification envelope compares to a signature in the voter’s registration record to deposit the ballot, still in the identification envelope, in a ballot container in the official’s office. (Elections Code §3019(b))
   
2. Requires a person who desires to vote in person at an in-person voting location to provide the person’s name and address. Requires the person, upon the precinct officers finding the name in the roster, to sign the person’s name in the space provided or, if the voter is unable to sign, to have the voter’s name signed by another person on the roster provided for that purpose. (Elections Code §14216)
   

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

COMMENTS:

1. Author’s Amendments: After the committee’s deadline for pre-committee author’s amendments, the author proposed amendments to this bill based on feedback from stakeholders to expand this bill such that it also applies to voters who appear in person at the polling place designated for their home precinct. This analysis reflects those proposed author’s amendments.
2. Purpose of the Bill: According to the author:

Currently, elections officials cannot possibly process and prepare for the Election Night semi-official vote count on time due to thousands of mailed ballots turned in via mail or drop box in the final days before an election. In past elections, elections officials will count more ballots after election night than on election night due to the fact that so many voters wait until the final days before an election to turn in their voted ballot. If voters are allowed to walk their mailed ballot in and have it counted as an in-person ballot on Election Night, this will result in faster processing of their ballot because elections officials will not have to go through the many manual steps required to process a returned mailed ballot, such as signature comparison, opening and extracting the ballot, and ballot inspection.

AB 626 will significantly speed up ballot processing after an election for voters who walk their voted mail ballot to a voting location to be processed instead of returning the ballot by mail or drop box during the few days before an election. By allowing voters to take their voted mailed ballot into a voting location, have their voter record updated to reflect that they are voting in person, and then have their ballot counted as an in-person ballot, the ballot can be processed more quickly with fewer demands on elections workers’ time.

1. Use of VBM Ballots in California Elections: In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley), Chapter 922, Statutes of 2001, which authorized any voter to become a permanent VBM voter, among other provisions. Since that time, California voters have increasingly used VBM ballots to vote in elections. At the 2000 statewide general election (the last statewide election held before AB 1520 was enacted), 24.5% of Californians who voted in that election did so using a VBM ballot. By contrast, since 2012, a majority of ballots cast in every California statewide election have been VBM ballots.
   
   Subsequent changes to California’s election laws have further contributed to an increasing use of VBM ballots in elections. As an accommodation to facilitate voting at the 2020 general election during the height of the COVID-19 pandemic, the Legislature approved and Governor Newsom signed AB 860 (Berman), Chapter 4, Statutes of 2020, which required county elections officials to mail a ballot to every active registered voter for the November 3, 2020 statewide general election, among other provisions. The policy of requiring county elections officials to mail a ballot to all active registered voters ultimately was made permanent through the passage of AB 37 (Berman), Chapter 312, Statutes of 2021. At every statewide election held since California began mailing a ballot to every active registered voter, more than 86% of Californians who voted did so using a VBM ballot. The following chart details the historical use of VBM ballots by California voters in statewide elections since 2000:

A voter’s ballot is classified as a VBM ballot if it was issued to the voter as a VBM ballot, even if the ballot is not ultimately returned by mail. According to information from the SOS, in recent statewide elections, more than a third of VBM ballots have been returned by voters through methods other than by mail, including VBM ballots that are returned to ballot drop boxes, ballot drop-off locations, polling places, and vote centers. For the November 2020 presidential general election, more than 60% of the VBM ballots cast were returned by a method other than by mail.

Since the November 2020 presidential general election, between 15-20% of VBM ballots cast at regularly-scheduled statewide elections have been dropped off at vote centers or other ballot drop-off locations, a category that includes polling places and the offices of county elections officials. Many of those ballots would be able to be voted without an identification envelope under the provisions of this bill.

1. Ballot Processing and Counting: Even though state law requires county elections officials to mail a ballot to all active registered voters, in-person voting locations (e.g., polling places, vote centers, elections official’s offices) remain available for California voters. Non-provisional ballots (a.k.a., “live,” “regular,” or “polling place” ballots) that are cast at in-person voting locations generally are placed into a ballot box without first being put into an identification envelope, and can be counted by the elections official without needing to undergo further verification. As a result, most ballots cast at in-person voting locations generally can be included in the election results that are released by elections officials in the hours after the polls close.
   
   By contrast, under existing law, a VBM voter generally will place their completed VBM ballot into an identification envelope before returning that ballot to the elections official. Before a VBM ballot identification envelope can be opened and the ballot counted, the elections official must first verify certain information on the envelope (including a comparison of the voter’s signature on the identification envelope to the signature(s) in the voter’s registration record). State law allows elections officials to begin that verification process as soon as they receive a completed VBM ballot from a voter. A large number of VBM ballots are returned on or close to election day, however, and elections officials generally are unable to complete the required verification for those ballots until after election day. As a result, a substantial majority of ballots that are counted in the days and weeks after an election are VBM ballots for which the required verification could not be completed before election day.
   
   While existing law allows a voter to surrender their VBM ballot at an in-person voting location and be issued a non-provisional ballot that can be placed into a ballot box without an identification envelope, that option requires the voter to mark the newly issued ballot at the voting location. A voter who already marked their VBM ballot at home may not want to take the time to make their selections again on a newly issued ballot.
   
   By allowing VBM ballots to be voted without the use of a ballot identification envelope in specified circumstances, this bill should increase the number of ballots that are able to be counted as part of the election night results.
2. Suggested Amendments: In order to ensure that this bill can be implemented effectively and in a manner that is consistent with existing state laws, including those related to ballot reconciliation, committee staff recommends amendments to this bill to do all of the following:
   
   (1) Require the precinct board or vote center election board to verify that a person has not already returned a VBM ballot for that election before permitting that person to vote their VBM ballot without the identification envelope.
   
   (2) Require county elections officials to establish procedures to ensure that a person who casts a VBM ballot without the identification envelope pursuant to this bill does not submit more than one VBM ballot without the identification envelope.
   
   (3) Clarify that the ability of a person to vote their VBM ballot without the identification envelope is contingent upon the requirements of this bill being met.
   
   The following is a draft of these proposed committee amendments, including the proposed author’s amendments that are detailed above:
   
   3016.5. (a) In an election conducted using vote centers, a A voter may vote their vote by mail ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center pursuant to this section. established pursuant to Section 4005, if all of the following conditions are met:
   
   (b) (1) If the The precinct board or vote center election board has real-time access to the county election elections official’s election management system, and does both of the following:
3. Verifies that the voter has not returned a vote by mail ballot for that election.
   
4. the status of a voter who seeks to vote their vote by mail ballot in person, without the identification envelope, shall be changed Changes the status of the voter in the election management system from a vote by mail voter to an in person voter.

(2) After the voter’s status has been changed pursuant to subparagraph (B) of paragraph (1), the voter shall provide provides their name, address, and signature pursuant to Section 14216 and shall be permitted to vote their vote by mail ballot without the identification envelope. 14216.

(3) The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedures.

(3) (b) A ballot cast pursuant to paragraph (2) subdivision (a) shall be processed and counted in the same manner as a nonprovisional ballot cast in person at the polling place or vote center.

1. Arguments in Support: In support of this bill, the League of Women Voters of California writes:

It is of critical importance that California, having moved to universal mailing of ballots, also retain convenient in-person options where voters can access assistance and vote with confidence. Furthermore, in-person ballots are processed and counted faster than mailed ballots, and counting more ballots on election night will increase the public’s confidence in elections, expedite the canvass, and decrease the workload of elections staff.

1. Related Legislation: AB 398 (Pellerin), which is also being heard in this committee today, allows an elections official to provide a replacement VBM ballot to a voter without the need for the voter to provide a specified statement under penalty of perjury.

REGISTERED SUPPORT / OPPOSITION:

Support

California Environmental Voters
Disability Rights California
Election Integrity Project California
League of Women Voters of California

Opposition

None on file.

Analysis Prepared by: Ethan Jones / ELECTIONS / (916) 319-2094