CA Legislation Affecting Election Administration
2007-2008 Session of the California Legislature
The following describes legislation introduced in the 2007-2008 Session which affects the work of election officials. There are three sections below 1) Bill introduced, passed, and signed (and therefore enacted) in 2007 2) Bills introduced, passed and vetoed in 2007 and 3) Bills introduced in 2007 and continuing or bills introduced in 2008.
To see the status, history or text of any bill listed below go to http://www.leginfo.ca.gov/bilinfo.html the default session should be '(2007-2008)Current,' chose the appropriate house (Assembly for AB and Senate for SB) and then enter the bill number and hit search.
Bills enacted in 2007
Registration
SB 603 - Address Confidentiality for Victims of Domestic Violence, Sexual Assault and Stalking and for Reproductive Health Care Service Providers, Employees, Volunteers and Patients - extended to January 1, 2013
SB 768 - Confidentiality of Voter Registration Information - DL#, CA ID #, SS#
AB 452 - Voter Registration Notification - Include change in party affiliation and instructions if that is incorrect; SoS and county election officials may develop procedures to promptly reregister voters who believe their registration was changed improperly.
SB 854 - Voter Registration Opportunities For High School And College Students - Students can submit registration forms to the SoS, students can opt to have automated class registration system produce voter registration form preprinted with personal information, report by SoS on number of forms sent and completed, voter registration coordinator for SoS to contact at each school.
Absentee/Vote-by-mail
AB 223 - Voting by Military Called to Service in the United States : Extends provision allowing voted ballots to be returned by fax to absentee voters called to military services in the United States on or after the absentee ballot application deadline. Allows application to be submitted by fax, email, or on-line transmission if county makes transmission option possible, allows application in a California county in which recalled to service if different from county in which registered, and requires election official from county in which called to service but not registered to obtain and send appropriate ballot from county in which registered.
AB 1243 - Change of Term 'Absentee' to 'Vote-by-Mail' - restates AB 1287, SB 603 and AB 223 and changes language where it says 'absent' or 'absentee' to 'vote-by-mail.'
Election Day Issues
SB 113 - Presidential Primary in February - Presidential primary to be held on the first Tuesday of February and cannot be consolidated with the statewide direct primary for that year.
AB 1287 - Satellite Voting Location after Disaster - changes date to notice voters about satellite location from 14 days before the election to 48 hours before the election.
AB 917 - Availability of Paper Ballots and Parallel Monitoring of DRE Systems - If ballots run out, election officials shall deliver enough extra ballots so that all eligible voters can cast their ballots within two hours; while waiting for deliver voters get option of alternative procedure to cast ballot (that has been approved by the SoS); when DRE's are present in polling places: certain percentages of paper ballots (out of registered voters) must be available; paper ballots (if available) must be provided to voters on request; county election officials must establish procedures for use of paper ballots if DRE is non-functional; provisional ballots may be used as regular ballots and must be counted as regular ballot if voter is otherwise qualified. SoS shall conduct parallel monitoring of DRE systems when precinct has more than one DRE system, and the results must be made available prior to certification of the election.
AB 288 - Voter Intimidation Restitution Fund - Any person convicted of voter intimidation may be charged a restitution fee which goes to this fund to be used by the SoS for voter education addressing the specific crime committed.
Other issues affecting election officials
AB 18 - Use of Signature Stamp by Voters - Voter who by reason of disability is unable to write may use a signature stamp or authorized another to use the stamp in place of a signature or mark, with certain conditions. SoS must report on use of stamps to Legislature by January 1, 2009.
AB 119 - Cost of Elections - Elections conducted during 2007 must be paid for out of county treasuries unless called by a city (and then must be paid by the city) or a vacancy in state or federal legislative district (and then must be paid by the state)
AB 1734 - Election Records Format - The ballot choices of decline-to-state voters in a partisan primary must be made available in either printed or electronic form when requested. The statement of vote of all candidates and measures in a statewide election must be sent to the SoS in electronic format.
Bills vetoed in 2007
Registration
AB 183 - Report on Voter Registration in High Schools - School districts with high schools must report on (and publish on website) voter registration efforts.
AB 1551 - Website Or Toll-Free Telephone Number To Verify Registration Status.
SB 382 - New Citizens Can Register Up Until the Close Of Polls On Election Day.
Absentee/Vote-by-mail
AB 44 - Candidate Statements Provided with Absentee Ballots
AB 773 - Return Absentee Ballot To Any Polling Place In The State
AB 1167 - Notice To Voters Re Extra Postage Needed For Absentee Ballot Return - also negotiate with USPS on handling ballots with insufficient postage, report on plan, all posted on SoS website.
Election Day Issues
AB 466 - Student Poll Workers and Average Daily Attendance
AB 614 - Language Assistance And Poll Workers : Local election officials report to SOS on language assistance efforts, recruit bilingual poll workers for precincts which must have translated ballots posted, community organizations help decide which precincts, election officials evaluate complaints against poll workers, SOS develop with advisory board list of best practices for training poll workers.
AB 1294 - Local Elections Conducted by Ranked Voting Under Certain Conditions
AB 122 - Copies Of Laws That Prohibit Voter Intimidation And Fraud Issued To Candidates
Other issues affecting election officials
SB 408 - Petition Circulators Residency Requirement - Initiative and referendum petition circulators must be either registered to vote in or have lived for a prescribed period of time in the jurisdiction to which the initiative or referendum would apply.
SB 439 - Intent of Write-in Vote - Write-in vote counted if voter's intent can be determined even if voter has not literally complied with the voting instructions.
Bills continuing or introduced in 2008
Registration
AB 1819 - Voter Registration at 16 years of Age - Submit affidavit of registration at 16 years to be effective at 18 years
AB 1862 - Residency Confirmation - County election officials send an alternate residency confirmation postcard each July to all voters who have not voted or updated their registration in 4 years; names of voters placed in inactive file under certain conditions.
AB 2317 - Proof Of Citizenship When Submit New Registration or Re-Registration In Different County
AB 2371 - DMV Application And State Tax Return Are Automatic Voter Registration
AB 3069 - Court List For Voter Registration Cancellation - Courts annual list to election officials for voter registration cancellation is only convicted felons who have been sentenced to prison (vs. current law which is felons presently imprisoned or on parole)
Vote-by-mail
AB 643 - Absentee Ballot Processing Report (In Senate Inactive File)
AB 2786 - Faxing Of Voted Military And Overseas Ballots - Extends sunset, to 1/1/2011, of the law allowing UOCAVA ballots to be returned by fax
AB 984 - Notice To Voter's Re Extra Postage Needed for Vote-By-Mail Ballot Return (Same as AB 1167 vetoed in 2007 but without other provisions)
AB 1292 - Candidate Statements Provided with Vote-by-Mail Ballots (Same as AB 44 vetoed in 2007 except added that not required for voters who registered to vote-by-mail less than 29 days prior to the election.)
AB 2218 - Local Government Property Assessment Elections - Declaration and instructions on ballots for local government property assessment elections
AB 2964 - Free Access System to Check on Status of Vote-by-Mail Ballot - Local 'free access' system to allow Vote-by-Mail voter to determine if ballot was counted, and if not counted, why.
AB 2958 - Send Notice Of Polling Place To Permanent Vote-By-Mail Voters
Election Day Issues
SB 967 - Number of Voters per Precinct - Subtract Permanent Absentee Voters when determining number of voters in precinct (Passed Senate, hearing in Assembly cancelled)
AB 1828 - Jury Exemption for Poll Workers (failed in committee 3-25-08)
AB 2633 - Precincts, Precinct Boards, and Polling Places - Changes to how precincts can be consolidated, precinct boards assigned, and polling place locations with precinct boundaries
SB 1235 - Notice of Polling Place Change at the former polling place
AB 3014 - Time in Voting Booth - Eliminates time limit on time in voting booth
AB 3026 - Voting Systems and Electronic Transmission - No voting system connected to Internet at any time or election data transmitted by modem or wireless communications.
AB 2634 - Make Statewide General Election Day a State Holiday (failed in committee 4-16-08)
AB 3070 - Special Legislative/Congressional Vacancy Elections - Special primary to fill vacancies on date that local or statewide election already scheduled for part or all of the vacant territory
AB 2953 - Nonpartisan Voters at Primary Elections - Poll workers inform non-partisan voters of party ballots available in primary election
SB 1694 - Election Reform Act of 2008 - Ballot availability for all voters and noticing for non-partisan voters in a primary.
Other Issues Affecting Election Officials
AB 2892 - Voter Consent for Pesticide Application - Conduct election to obtain consent of 2/3 of area before aerial pesticide application (passed Election Committee 4-10-06 and then failed in Agriculture Committee 4-16-08)
AB 2758 - Source Code for Voting Systems - Vendors submit source code for certified voting systems into escrow.
SB 1465 - Political Activity Restrictions for Election Officials
AB 2959 - Provide Itemized Cost Of Recount To Voter Requesting Recount
AB 2858 - Recount Procedures - Specific procedures for requesting and conducting recounts for certain types of offices (failed in committee 4-10-08)