BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 909|
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THIRD READING
Bill No: AB 909
Author: Feuer (D) and Furutani (D), et al
Amended: 4/21/09 in Assembly
Vote: 21
SENATE ELECTIONS, REAP. & CONST. AMEND. COMM. : 3-1, 7/7/09
AYES: Hancock, DeSaulnier, Liu
NOES: Walters
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 56-22, 5/28/09 - See last page for vote
SUBJECT : Elections: voting
SOURCE : Secretary of State Debra Bowen
DIGEST : This bill requires poll workers to notify each
decline-to-state (DTS) voter at a partisan primary election
that they may request the ballot of any of the political
parties that have adopted a party rule allowing DTS voters
to vote in their party primaries at that election.
ANALYSIS : Existing law requires that one form of ballot
be provided at an election for public officers, except at
partisan primary elections, at which a ballot for each
qualified political party and a nonpartisan ballot shall be
provided. Under existing law, at partisan primary
elections, a voter not registered with one of the political
CONTINUED
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parties is to be furnished a nonpartisan ballot, unless
he/she requests a ballot of a political party that has
authorized a voter not registered with that party to vote
the ballot of that party, as prescribed.
This bill:
1. Requires a member of a precinct board, prior to
furnishing a ballot to a DTS voter at a partisan primary
election, to provide written notification informing the
voter that he/she may request a ballot for a political
party that has adopted a party rule allowing DTS voters
to vote the ballot of that political party at that
primary election.
2. Provides that, for the purposes of this bill, written
notification includes signs, placards, posters, and
other forms of written notice.
3. Requires the written notification to list each party
that has adopted a party rule allowing DTS voters to
vote the ballot of that political party at the primary
election.
4. Requires this notice to be translated into every
language for which the elections official is required to
provide translated election materials for that precinct
pursuant to state or federal law.
5. Allows a DTS voter to request a partisan ballot at a
primary election either verbally or in writing.
6. Makes various technical changes.
Comments
According to the author, "Under existing law, prior to each
primary election, county election officials are required to
mail every 'decline to state' (DTS) voter, whose name
appears on the permanent vote-by-mail (PBVM) voter list, a
notice regarding voting in the primary. The notice advises
the DTS voter that he or she may request a vote-by-mail
(VBM) ballot for a particular political party if that party
permits DTS voters to vote in their primary. The notice
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provides a toll-free number, established by the Secretary
of State that the voter can call to obtain information
regarding which political parties have adopted such a rule.
However, there is no requirement in current law to provide
a similar notice to the remaining DTS voter population. At
a polling place, unless the DTS voter requests a partisan
ballot, the voter is given a non-partisan ballot containing
only the statewide ballot measures. Of course, without
some form of notice voters will not likely understand that
they have such an option. During the February 5, 2008,
Presidential primary election, some DTS voters were denied
the chance to cast a vote for their desired candidate due
to poll worker and voter confusion about the rights of DTS
voters. In order to avoid such confusion in the future, AB
909 requires poll workers to inform DTS voters at the polls
of their right to request partisan ballots as provided in
current law."
In June 2000, the United States Supreme Court struck down
California's Open Primary Act (Proposition 198 in 1996) in
California Democratic Party v. Jones (2000), 530 U.S. 567.
The Court ruled that the Act violated a political party's
First Amendment right to freedom of association. In
response to the ruling, the Legislature enacted SB 28
(Peace), Chapter 898, Statutes of 2000. SB 28 implemented
a modified closed primary election system that permits DTS
voters to participate in a political party's primary
election if authorized by that party's rules. Elections
have been conducted under the modified closed primary
election system created by SB 28 since the March 2002
statewide primary election.
Under SB 28, a DTS voter who appears at the polling place
at a partisan primary election is provided only with a
nonpartisan ballot unless the DTS voter requests a ballot
of a political party that has authorized DTS voters to
participate in the party's primary election. While some
counties have instructed their polling place workers to
offer DTS voters the option of voting a partisan ballot,
nothing in state law requires that polling place workers
proactively offer these partisan ballots to DTS voters, and
some counties have told poll workers that they are not
permitted to offer a partisan ballot to DTS voters. In
those counties, DTS voters who do not know that they are
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required to specifically request a partisan ballot at the
primary election may end up voting only a nonpartisan
ballot.
Prior legislation . This bill is similar to AB 2953
(Feuer), 2007-08 Session, which was vetoed by the Governor,
though the Governor did not express any policy objections
to the bill. Instead, AB 2953 was one of 136 bills that
received the same veto message. That veto message is as
follows: "The historic delay in passing the 2008-2009
State Budget has forced me to prioritize the bills sent to
my desk at the end of the year's legislative session.
Given the delay, I am only signing bills that are the
highest priority for California. This bill does not meet
that standard and I cannot sign it at this time."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, minor
reimbursable costs, probably less than $30,000 statewide,
to inform poll workers of the new responsibility and/or to
post relevant notices for DTS voters at polling sites.
SUPPORT : (Verified 7/20/09)
Secretary of State Debra Bowen (source)
Asian Americans for Civil Rights and Equality
California Association of Clerks and Election Officials
California Teachers Association
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill,
Block, Blumenfield, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Coto, Davis, De La
Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,
Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.
Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana,
Skinner, Smyth, Solorio, Swanson, Torlakson, Torres,
Torrico, Tran, Yamada, Bass
NOES: Anderson, Tom Berryhill, Blakeslee, Conway, DeVore,
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Duvall, Emmerson, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Jeffries, Knight, Logue, Miller, Niello,
Nielsen, Silva, Audra Strickland, Villines
NO VOTE RECORDED: Cook, Nestande
DLW:mw 7/27/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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