May 16, 2008

Providing legal resources and election news to California election officials and the attorneys who represent them.

August 18, 2005

Status of State Election Legislation

Here is the status of significant election-related Senate bills. I will provide an update on Assembly bills in the near future:

SB 11 would limit political activities of the Secretary of State, and prohibit contributions from election system vendors to candidates for state and local office.

Status: Passed the Senate, in the Assembly Committee on Elections and Redistricting.

SB 39: Elections Code section 3206 currently requires that a voter's name be removed from the permanent absentee voter list if the voter fails to cast a ballot in any statewide election. SB 39 would amend section 3206 to provide that a voter's name would be removed from the list only if he or she failed to vote in two consecutive statewide elections.

Status: Chaptered by Secretary of State. Chapter 113, Statutes of 2005.

SB 117 requires elections officials to provide absentee voters with a business reply envelope in which to return a completed ballot, thereby paying the costs of postage for these ballots.

Status: Passed the Senate, in the Assembly Appropriations Committee.

SB 226 would require a voter to present proof of his or her identity and residency to a member of the precinct board in order to receive a ballot.

Status: Reconsideration granted by Senate Committee on Elections, Reapportionment and Constitutional Amendments

SB 370 would provide that the electronic record of each DRE vote would be the official record of the vote but that the paper audit record would govern if there is any difference between it and the electronic record during a recount.

Status: Passed the Senate, before the Assembly for third reading.

SB 596 would allow any city, county, or district to conduct a local election using a preference voting method (also known as "instant runoff voting" or "ranked choice voting") to elect a single candidate to office or for an election to elect two or more candidates to office.

Status: Re-referred to the Senate Committee on Elections, Reapportionment and Constitutional Amendments.

SB 787 would prohibit local elections officials from engaging in certain political activities.

Status: Passed the Senate, in the Assembly Committee on Elections and Redistricting.

SB 1016 would require the Secretary of State and local elections officials to inform voters of the permissible uses of information on voter registration cards.

Status: Passed the Senate, in the Assembly Appropriations Committee.

Posted by Randy Riddle at 11:57 AM | Permalink. . .

April 07, 2005

Update on Election Legislation

AB 158 (Registration Deadlines)

Status

Analysis

AB 187 (Overseas military ballot deadlines)

Status

Analysis

AB 432 (New citizens)

Status

Analysis

SB 11

Status

Analysis

SB 117 (Absentee ballots)

Status

Analysis

SB 596 (Municipal elections/instant runoff voting)

Status

Analysis

SB 1016 (Voter privacy)

Status

Analysis

Posted by Randy Riddle at 09:32 AM | Permalink. . .

April 05, 2005

"Local lawmaker pushes voter reform bill"

"A bill introduced by a North County Republican who wants voters to provide proof of citizenship and identification before voting will be debated in a state Assembly committee today."

The North County Times story is here.

Posted by Randy Riddle at 10:53 AM | Permalink. . .

March 24, 2005

Assembly Committee on Elections and Redistricting Hearing

Here is the agenda for the April 5, 2005 meeting of the Assembly Committee on Elections and Redistricting:

ELECTIONS AND REDISTRICTING
UMBERG, Chair

1:30 p.m. -Room 444

BILLS HEARD IN SIGN IN ORDER

Measure: Author: Summary:

A.B. 16 Huff. Campaign contributions.

A.B. 40 Wolk. Political Reform Act of 1974: conflict of interest:
lobbying interests. (Urgency)

A.B. 158 Bermudez. Voter registration deadlines.

A.B. 187 Mountjoy. Overseas military voting.

A.B. 215 Oropeza. Code of fair campaign practices.

A.B. 216 Oropeza. Election precincts.

A.B. 347 Huff. Political Reform Act of 1974: enforcement.

A.B. 432 Oropeza. Elections: New citizens.

A.B. 783 Jones. Elections: payment of expenses.

A.B. 866 Yee. Code of Fair Campaign Practices.

A.B. 891 DeVore. Political Reform Act of 1974: slate mailer organi-
zations.

Posted by Randy Riddle at 09:28 AM | Permalink. . .

March 21, 2005

Chronicle Favors McPherson Confirmation, Bowen Bill

The Chronicle editorial supporting confirmation of Secretary of State Nominee McPherson and enactment of SB 11 can be found here.

Posted by Randy Riddle at 09:06 AM | Permalink. . .

March 16, 2005

Senate Committee Analyses

Here are links to staff analyses of some of the bills that will be considered today by the Senate Committee on Elections, Reapportionment and Constitutional Amendments:

SCA 4 Analysis (Making Secretary of State a nonpartisan office)

SB 11 Analysis (Limiting political activities of Secretary of State, and contributions by election system vendors)

SB 39 Analysis (Permanent Absentee Voters)

SB 117 Analysis (Prepaid envelopes for absentee ballots)

Posted by Randy Riddle at 09:02 AM | Permalink. . .

March 15, 2005

AB 43 Committee Analysis

Here is the committee analysis for AB 43, being heard in committee today, which would amend the write-in ballot statute that gave rise to litigation in the San Diego Mayor's race.

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Tom Umberg, Chair
AB 43 (Vargas) - As Introduced: December 6, 2004

SUBJECT : Write-in candidates.

SUMMARY : Requires a write-in vote to be counted if the intent
of the voter is clear, regardless of whether the voter complied
with all voting instructions. Specifically, this bill :

1)Repeals a requirement, currently applicable to voting systems
in which write-in spaces appear directly below the list of
candidates for each office and provide a voting space, that
the voting space next to the write-in space be marked or
slotted in order for the write-in vote to be counted.

2)Provides that any name written upon a ballot for a qualified
write-in candidate, including a reasonable facsimile of the
spelling of a name, shall be counted for the office if the
name of the write-in candidate is written in the manner
described in the voting instructions.

3)Provides that provisions of law governing the counting of
write-in votes shall be liberally construed to ensure that
each ballot is counted if the intent of the voter can be
determined, regardless of whether the voting instructions have
been literally complied with.

EXISTING LAW provides:

1)For voting systems in which write-in spaces appear directly
below the list of candidates for each office and provide a
voting space, no write-in vote shall be counted unless the
voting space next to the write-in space is marked or slotted
as directed in the voting instructions.

2)For voting systems in which write-in spaces appear separately
from the list of candidates for that office and do not provide
a voting space, the name of the write-in candidate, if
otherwise qualified, shall be counted if it is written in the
manner described in the voting instructions.

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

COMMENTS :

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

AB 43 was drafted in response to the November 2004 San
Diego Mayor's race. Over 5,500 ballots went uncounted
because voters failed to fill in the oval bubble next to
the write-in candidate's name. Subsequently, a lawsuit was
filed to count ballots on which a candidates name is
inscribed upon the appropriate line, even if a
corresponding bubble is not shaded. The presiding judge
rejected the suit, stating "I find that [the] election
code?should be given its plain meaning?That to cast a vote
you have to fill in the oval. Those votes should not be
counted. The challenge fails." The election code must be
modified to protect the will of the voter.

Protecting voters' rights is one of our fundamental duties.
Over 5,500 voters were disenfranchised by a technicality
last election in San Diego. This bill defends the basic
principle of democracy to protect the will of a voter when
casting a vote and will protect voters in future elections
across California.

2)San Diego Mayor's Race : Donna Frye was a qualified write-in
candidate for mayor in the city of San Diego at the November
2004 general election. When the official canvass of election
results was completed, it showed Frye finishing second to
incumbent mayor Dick Murphy by 2,108 votes. A recount,
requested by five media organizations and two Frye supporters,
uncovered a total of 5,551 ballots in which a voter wrote-in
Frye's name on the ballot in the correct location, but did not
darken the oval next to the write-in space. Had those ballots
been counted for Frye, she would have won the election by
3,443 votes. However, the registrar of voters in San Diego
County refused to count those votes, citing state law that
requires the oval to be filled-in in order for a write-in vote
to count.

This bill would repeal the requirement that the oval next to a
write-in space be filled-in in order for a write-in vote to be
counted. Instead, this bill provides that a ballot for a
qualified write-in candidate to be counted if the name of the
candidate is written in the manner described in the voting
instructions.

In addition, this bill provides that provisions of law governing
the counting of write-in votes shall be liberally construed to
ensure that each ballot is counted if the intent of the voter
can be determined, regardless of whether the voting
instructions have been literally complied with. Existing law
already provides that provisions governing absentee and
provisional voting shall be liberally construed in favor of
the voter. In a future case with issues similar to the San
Diego mayor's race, a provision providing for the liberal
construction of write-in voting laws would appear to require
the counting of votes in which the voter wrote-in the name of
a qualified write-in candidate, but did not fill in the oval.

3)Pending Litigation : On December 30, 2004, a lawsuit was filed
on behalf of two Donna Frye supporters arguing that the 5,551
ballots in which a voter wrote-in Frye's name, but did not
darken the oval next to the write-in space, should be counted.
The attorney that filed the lawsuit contended that because
San Diego's city charter does not explicitly require the oval
next to the write-in space to be darkened, the city charter
should take precedence over the state's election law and the
votes should be counted.

On February 2, 2005, a state judge rejected that lawsuit,
stating "I find that Elections Code 15342(a) should be given
its plain meaning. What it means is what is says: To vote, to
cast your vote, you have to fill in the oval." This case has
been appealed, and is currently pending before the 4th
District Court of Appeals in San Diego.

4)Arguments in Support : According to Lieutenant Governor Cruz
Bustamante, "[t]his measure addresses fundamental notions of
democracy, fairness of our electoral process and validity of
the voter's intent. The need to protect these principles was
evident during the recent mayoral race in San Diego, where the
election outcome was determined by a minor technicality. . . .
This overly technical interpretation of the state law
undermines the basic principle of our democracy - that every
vote counts."

5)Arguments in Opposition : The California Association of Clerks
and Election Officials (CACEO) opposes this bill unless it is
amended to apply only in the case of a recount. In opposition
to this bill, CACEO writes:

As a result of the liberal construction clause, this
proposal would require jurisdictions using optical scan
voting systems to visually inspect each side of every
ballot (and for multi-card optical scan voting systems,
each side of every card of every ballot) for potential
write-in votes. This would be extremely costly and
time-consuming. Jurisdictions would not be able to
complete the canvass within the statutory timeframe, and
contests would not be decided for weeks following the
election. Requiring visual inspection of all ballots or
ballot cards would eliminate the advantages of automated
vote count systems.

6)Similar Legislation : SB 1050 (Bowen), pending in the Senate
Rules Committee, provides that that the failure of a voter to
mark the voting space next to the write-in space shall not
preclude a write-in vote from being counted if the intent of
the voter can be determined.

REGISTERED SUPPORT / OPPOSITION :

Support

Ballot Access News
League of Women Voters of California
Lieutenant Governor Cruz M. Bustamante

Opposition

California Association of Clerks and Election Officials

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

Posted by Randy Riddle at 09:15 AM | Permalink. . .

March 11, 2005

State Senate Hearing on Election Bills

Here is the agenda for the March 16 hearing of the State Senate Committee on Elections, Reapportionment and Constitutional Amendments:

WEDNESDAY, MARCH 16, 2005

ELECTIONS, REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS
BOWEN, Chair

9:30 a.m. - Room 3191

MEASURES HEARD BY AUTHOR SIGN-IN ORDER

S.B. No. 8. Soto. Political Reform Act of 1974: conflicts of interest.
S.B. No. 11 Bowen. Contributions: voting equipment manufacturers or vendors.
S.B. No. 39 Murray. Absentee voting.
S.B. No. 117 Murray. Elections: absentee ballots.
S.B. No. 145 Murray. Political Reform Act of 1974: contributions. (Urgency)
S.C.A. No. 4 Denham. Secretary of State.

Posted by Randy Riddle at 09:08 AM | Permalink. . .

March 08, 2005

Assembly Committee Hearing on Election Bills

The Assembly Committee on Elections and Redistricting will conduct a hearing on March 15, 2005 at 1:30 p.m. Here is the agenda, with links to the bills:

TUESDAY, MARCH 15, 2005-CONTINUED

ELECTIONS AND REDISTRICTING
UMBERG, Chair

1:30 p.m. -Room 444

ADOPTION OF COMMITTEE RULES

BILLS HEARD IN SIGN IN ORDER

Measure: Author: Summary:

A.B. No. 2 Benoit. Presidential elections: presidential electors.

A.B. No. 5 Canciamilla. Secretary of State: Candidates

A.B. No. 16 Huff. Campaign contributions.

A.B. No. 40 Wolk. Political Reform Act of 1974: conflict of interest:
lobbying interests. (Urgency)

A.B. No. 43 Vargas. Write-in candidates.

A.B. No. 45 Maze. Electoral college.

A.B. No. 158 Bermudez. Voter registration deadlines.

Posted by Randy Riddle at 05:06 PM | Permalink. . .

March 01, 2005

SB 1016: Voter Privacy

Senator Bowen has introduced SB 1016, which seeks to strengthen the privacy protections for voter registration information. Under the bill, voter registration affidavits would inform registrants that only one type of identification number need be provided, and it would advise them about the confidential voter registration laws. It would also require more specific information from persons seeking voter registration records.

Posted by Randy Riddle at 08:36 AM | Permalink. . .

February 25, 2005

AB 1096: Return of Absentee Ballot

Elections Code section 3017 authorizes designated persons to return an absentee ballot for a voter only if the voter is ill or is suffering from a physical disablity. Assembly Member Umberg has introduced AB 1096, which authorizes designated persons to return an absentee ballot whenever the absent voter "is unable to return the ballot."

Posted by Randy Riddle at 11:22 AM | Permalink. . .

February 24, 2005

SB 1012: Voter Kiosks in Rural Areas

Senator Florez has introduced SB 1012, which would require the Secretary of State to implement a pilot program to install voter kiosks in shopping malls in rural counties with the lowest voter turnout for a specified time period. The kiosks would serve as locations for voter registration and as polling places on election day.

Posted by Randy Riddle at 11:15 AM | Permalink. . .

February 22, 2005

Bill Authorizing Instant Runoff Voting

Senator Bowen has introduced SB 596 to authorize general law cities to use instant runoff voting, cumulative voting and choice voting to elect officers and fill vacancies.

Posted by Randy Riddle at 09:30 AM | Permalink. . .

February 21, 2005

Bill on Precinct Size

Elections Code section 12223 provides that a precinct may not have more than 1,000 voters on the 88th day before an election. Senator Bowen has introduced SB 370, which provides that permanent absentee voters would not be counted in determining whether a precinct satisfies this requirement.

Posted by Randy Riddle at 07:54 AM | Permalink. . .

February 19, 2005

SB 226: State Bill to Require Voter ID

Senator Cox has introduced SB 226, which requires a voter to present proof of his or her identity and residency to a member of the precinct board in order to receive a ballot. The bill specifies the types of identification documents that could be used. In addition, the bill authorizes the Secretary of State to designate other forms of acceptable identification. If a voter did not have proper identification or proof of residency, the voter would cast a provisional ballot. The bill does not specify the standards election officials would use to determine whether to count such provisional ballots.

Update: Assembly Member Wyland has introduced AB 934. In addition to requiring ID at the time of voting, this bill would require individuals to provide proof of citizenship when they register to vote and require election officials to maintain the evidence submitted for a period of two years. It would also require persons who vote by absentee ballot to include evidence of their identification on the absentee ballot envelope.

Second Update: Assembly Member Keene has introduced AB 1006, which is similar to Senator Cox's bill.

Posted by Randy Riddle at 09:47 AM | Permalink. . .

February 16, 2005

AB 432: Voting Rights of New Citizens

Under Elections Code section 3500, a California resident who becomes a United States citizen in the last 15 days before an election may register and vote at the county elections office at any time beginning on the 14th day before an election and ending on the 7th day prior to election day. AB 432, introduced by Assembly Member Oropeza, would allow a new citizen to register and vote at another location established by the county elections official, and it would extend the period to register and vote until 8 p.m. on Election Day.

Posted by Randy Riddle at 12:13 PM | Permalink. . .

February 07, 2005

AB 158: Shortening Voter Registration Deadlines

Assembly Member Bermudez has introducted AB 158, which would shorten a number of voter registration deadlines. For example, under existing law, the county elections officials must accept affidavits of registration at all times except during the 14 days immediately preceding any election. AB 158 would shorten this 14-day period to seven days.

Similarly, under existing law, a registered California voter who moves within the county within 14 days before an election is entitled to vote in that election in the precinct from which the person moved. Assembly Member Bermudez's bill would change that period to 7 days.

Posted by Randy Riddle at 08:50 AM | Permalink. . .

February 05, 2005

AB 187: Extending Deadline for Overseas Military Ballots

Assembly Member Mountjoy has introduced a bill to extend the deadline for receipt of absentee ballots of active military personnel stationed overseas. Under AB 187, if the absentee ballot is postmarked or signed and dated by election day, the ballot must be counted if it is received no later than 10 days after the election.

Posted by Randy Riddle at 02:57 PM | Permalink. . .

February 04, 2005

AB 216: Requiring Posting of Notices for Changed Polling Places

Assembly Member Oropeza has re-introduced a bill providing that if the polling place designated for a precinct has been relocated from the location that was during the preceding two consecutive statewide elections, the elections official must post a notice of the location of the new polling place in a format and manner deemed appropriate by the local elections official. AB 216 can be found here. Governor Schwarzenegger vetoed a bill in the last legislative session (AB 2748) to impose this requirement. His veto message is here.

Posted by Randy Riddle at 10:32 AM | Permalink. . .

February 02, 2005

SB 39: Permanent Absentee Voters

Elections Code section 3206 currently requires that a voter's name be removed from the permanent absentee voter list if the voter fails to cast a ballot in any statewide election. Senator Murray has introduced a bill that would amend section 3206 to provide that a voter's name would be removed from the list only if he or she failed to vote in two consecutive statewide elections. SB 39 can be found here.

Posted by Randy Riddle at 05:57 PM | Permalink. . .

February 01, 2005

Senator McCarthy's Proposed Redistricting Measure

State Senator McCarthy has proposed a constitutional amendment to signficantly alter the redistricting process in California. Under the proposal, district lines would be set by a panel of three retired judges appointed by the Judicial Council. The proposal specifies a number of criteria that the panel would apply in determining district lines, including, to the extent possible, ensuring "a level of competitiveness that would result in a difference of no more than seven percentage points between the number of voters in each district who are registered with the two largest political parties in the State." The text of the proposed amendment, introduced on January 13, can be found here.

Posted by Randy Riddle at 08:38 AM | Permalink. . .

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