HomeMy WebLinkAboutAgenda Report - March 17, 1982 (44)ELECTIONS BY MAIL
A B 2400
City Clerk Reimche presented a report regarding
Assembly Bill No. 2400, Elections by Mail, which
had been introduced by Assemblyman Sher.
Existing law authorizes a local, special, or
consolidated election to be conducted by mail if
(l) the local agency authorizes the use of mailed
ballots. (2) the election does not occur on the same
date as a statewide election. and: (3) the election
is limited to 3110 eligible voters and to specified
taxation --and- water issues. This bill would specify
which local agencies may authorize the use of mailed
ballots. would delete the requirements of (3) above,
and would add certain requirements for the conduct
of elections by mail including a minimum period
for return of ballots. verification of signatures, and
procedures for consolidating the election with a
county electionas specified.
Proposed: amendment to the bill were also presented-
for
resentedfor Council's review.
A lengthy discussion followed with questions being
directed to the City Clerk by the Council,
RES. NO. 82 -24 Councilman Katnich then moved for adoption of
Resolution No. 82.24 supporting Assembly Bill 2400
with proposed amendments which bill authorizes
the extended use of mailed ballot elections to General
Law Cities under certain conditions. The met ion
was seconded by Mayor McCarty and- carried by the
following voter
Ayes: Councilmen - Katnich.. Murphy
McCarty
Noes: Councilmen - Hughes & Pinkerton
Absent: Councilmen - None
Following a report by Assistant City Manager Glenn.
discussion. and questions being directed to Staff.
-9 -
CITY COUNCIL
11 DI
ROB[ RT G MURPHY, Ma or Pro Tem CITY OF L O D- I
RICHARD L HUGHES CITY HALL, 221 WEST PINI STRUT
WALTER KATNICH POST OF[IC[ BOX 320
IAM[S W PiNKLRTON, I, LODI CALIFORNIA 95241
(209) 334.5634
March 10, 1982
M E M O R A N D U M
TO: honorable Mayor and
Members of the Lodi City Council
FROM: Alice M. Reimche
City Clerk
SUBJECT AB 2400 Elections by Mail
HtNRY A QAWS: it
City Manager
AL IC[ M Rt IMCHt
City Clerk
RONALD M. ST1IN
CWV Attorney
As President of the League of California Cities City Clerks'
Department, I am presently working with a committee to review
AB 2400 introduced by Assemblyman Sher authorizing the use of
mailed ballots to General Law Cities under certain conditions.
This method of conducti=ng -an election is presently available
to charter cities and has been used successfully and at
substantial cost savings by several cities --perhaps San Diego
is the best example.
This method is also -presently ava-ilable to General Law Cities
in a very limited way. It is certainly true that this method
of conducting an election would not be feasible for all
cities, but this piece of legislature would allow those
General Law Cities that have the vehicles to conduct such an
election to do so.
A copy of AB 2400 is attached for your information.
Also a-ttached is a copy of the amendments proposed by the
committee on which I serve.
It is important to note that the committee strongly urges that
this type of legislation be limited. to Special Elections on
ballot issues only. If passed as amended, General Law Cities,
u on.the,a -rovAl of their govern.ing bod may authorize the
use o' mai ed ballots for specific elections.
RECOMMENDEO ACTION-
It
ON-
It is recommended that the Lodi City Council adopt a
resolution supporting AB 2400 with the proposed
amendments.
ALICE M. REIMCHE
City Clerk
AR: dg
Attachment
CALIF0104A LECI.'aAIVRP.,1U148t RECWIAR 11 1 ON
ASSEMBLY BILL
Introduced by Assemblyman Sher
January 14, 1982
An act to amend Section 1340: of, and- to add Section 1340.5
to, the Flections Code, relating to elections.
LEGISLA'nVE COUNSEL'S DICW
AB 2400, as introduced, Sher. Elections by mail.
Existing law authorizes a local, special, or, consolidated
election to be conducted by mail if (1) the local agency
authorizes the -use of raniled ballots, (2)- the election does not
occur on the same date as a statewide election, and (3) the
election is limited to 300 eligible voters and to specified
taxation and water. issues.
This bill would specify which local agencies may authorize
the use of mailed ballots, would- delete the requirements of
(5), above, and would add certain requirements for the
conduct of elections by mail including a minimum period for
return of ballots, verification of signatures, and procedures, for
consolidating the election with a county election, as specified.
Vote; majority. Appropriation: no. Fiscal committee: no.
State -mandated local program. no
The people of the State of California do enact as follows. -
1 SEC MON 1. Section 1-340 of the Elections Code is
2 amended to read:
3 1340. Any local, special, or consolidated election may
4 be conducted wholly by mail provided that
5 (a) They governing body of the hwel ageney county,.
6 city, cite- and count),school district, community college
7 district, or special district authorizes the use of mailed
99 40
AB 2400 —2— = 3— AB
1 ballots for the election t end.
2:' (b) The election does not occur on the same date as a
3 statewide direct primary election or statewide general
4 election ' t .
5. ie} T4e eleetien is eine of the kRewin8'
6 { -} ,per eleelieri ie wl "e more fl"in oegi9tered
T em are elig�e to ieipate;
8, eleetien as pro,rieled
9 .fir � Seetee�.$� eff tl+e �te+:�e a �ee�Mr
IO, ektierz onet �essere efe+ Wires eegt�setc t$
11 '!he c+et a C spe�eisl fes bt a ei e# sp eeint
I2 ; : strtie! W" b,BAA ex less register yefers e k etb
I3 : `ef t#�e'f+rne of the leeaE eff r by *W6 eee r.
I4 el'. err of stege;
15 ��}� �} e�eelieh ee r.�tfaeee3 of e`gene eflf}i
is 'tee i+t aeeerdenee +tree
4 I8 ` A# e±lee ie t eft Nie o eiA A erP4
20`eet 4;eff Cfte,� i ee- efkee+
e�te1 IP F q
eflu ale!' tnerrfber Pte: !'aN!!!!
of 1-he1e0
26 �' i4et ekeli6ii el` Sew ja0i #4e"Wein Aft*
2T WO a !e Seewe"s 4146 erg
�p SES �'�'!' t
29 t SEC. 2 Section 1340.5 is added to they Mections Code,
30 o'rcnd-�
3I' `rt'13405. An election conducted wholly by mail
32 rsunt r to thischapter is subject `to the following
>33 �requlirements
ballots may: be sift third-class bulk
3S irate and presorted by;cArrier route. ,
„3¢ NMI bast 1S dAys 'shall be alta4,d,iyrbt`tit t 0 datc of
37� t1i
erYu ding of tliepballnts tiy'the Ib l a #icy c iduo , ng
a 3g tti�' lection to the date ° by .whin" tie' `ballon mu;t be
3g�rved inrde>r to be counted.
40IMFy;iz'{e) The clerk shall ensure that at least 75 p}t of
���'a�
1 the sign: tures on the ballots are verified against the
2 signatures on the voters _reg stfation 'lists.
3 (d) Ate election which is to be consolidated with a
4 county eleet on sW conformm to the regturernetits of
5 section =M, to the extent those requirements are
6 applicable.
IN
0
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u�
CITYCOUNC1t
IAMES X MCCARTY. Mayor
RONRT G. MURPHY. Mayor Pro Tern
RICHARD L. RUCHES
WAITIER KATNICH
IAMESW. PINK tRTON. Ir.
C
Ht NRI' A CLAVES. It
Csty Manager
CITY OF LO D I
CITY HAIL. 221 WE ST PINI STRI E T
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209) 334-5634
March 24, 1982
Assemblyman Byron Sher
State Capitol
Sacramento, CA 95814
Res AB 2400
Extended Use of iIa led Ballots
Dear Assemblyman Sher:
At ICt M Rt IMCHT
City Clerk
RONALD M STUN
C ity Attorney
Please be'advised that the Lodi City Council in action taken
at its. March 17, 1982 regular meeting adopted Reso.1,ution No.
82-24 endorsing Ab 2400 with the following amendments:
1 } That existing provision=s of the law relating to
mail ballot elections for special districts or for
cities with less than the prescribed number of
registered voters not be changed,
2) That the provisions of AB 2400 be limited to
special elections on ballot issues.
3) That language be inserted az Section 1.340 c ---A
mail ballot election- is not held on the same day
as an election tieing conducted at polling places
within all or part of the jurisdiction. In such
cases: all affected jurisdictions shall agree to a
consolidated mail ballot election, if agreement
is not reached, all elections shall be conducted_
at the palls or the date of the mail ballon
election shall be changed to another, date
4) That Sectiou 13.44.5 c be amended to provide that
the clerk insure that 100% of the signatures on
the ballot be verified against the signatures on
the voters registration lists.
5) That Section 1340.5 c be amended to read: "An
election which is conducted by the county shall
t
conform to the requirements of Section 23302, to
the extent those requirements are applicable."
6) That Section c be added to 134`0.5 to read "The
elections' official conducting the election shall
insure that all undelivered ballots are returned
to the jurisdiction conducting: the election."
Very truly yours,
Alice M. Rei he
City Clerk
AR: dg
Mailed to Assenblypersons
Alatorre
Hallett
Agnos
Berman
D. Brown
Campbell
Coggin
Johnson
Levine
MDuntjoy
Naylor
Roos
Stathan
M. Waters
Also mailed to League of California Cities and Pauline Brockman,
City Clerk, Roseville
.: League -of Califiort is Ciu
Cafltornla Cities
Work Together
C Mit Lam: on AN 2400 - Hall Nal i o t Is
March 2, 1982 - Sacramento
9
H I G H L I G H T S
Attendees: Alice Remche, City Clerk, Lodi, Pauline Brockman, City Clerk,
Roseville, Ann Tanner, City Clerk,. Palo Alto, Ernie Marriner. City Manager,
Lafayette. Ernie llawkins. County Clerk, Sacramento County, Gary lige, City
Clerks Off ice,. Stan Ueigo, Pam Swift, City Clerk, Pasadena. Staff: Clark
Coucker. The following are the --highlights of the actions of the committee.
Amendments to the Bill
It is recommended that the following amendments be made to AB 2400:
1) That existing provisions of the law relating to mail ballot elections
for special districts or for Cities with less than the prescribed
number of registered voters not be changed.
2) That the provisions of AB 24(0 -be limited to special elections on ballot
issues.
3) That language be inserted as Section 1340 c "A marl ballot election is
not held: on the same day as an election being conducted at polling
places within all or part of the jurisdiction. 1n such cases, all
affected jurisdictions shall agree to a consolidated nulll ballot election.
If agreement is not reached, all elections shall be conducted at the
pw.ilrs tor the daty sof the mail ballot election shall he rhanged to another
date.
4) That Section 1340.5 c be amended to provide that the clerk insure that
100% of the signa=tures on the ballot be verified against the signatuarea
on the voters registration lists.
S) That Section 134.0.5 c be amended to read "an election whieh is conducted
by the county shall conform to the requirements of Section 23302, to the
extent those requirements are applicable."
6) That Sectiona be added to 1340.5 to read "the elections official
conducting the election shall insure that all undelivered ballots are
returned to the jurisdiction conducting the election.'"
It was further agreed that Section 1340.5 a remain, the same and that we oppose
any effort that would require mailing by first class mail. It was also agreed
that the fifteen days between the date of the mailing and last day to receive
balo'ts to be counted, not be changed, but that that date could go as low a
ten days,
CONFERENCE REo1STRATION OFFICE
HOTEL CLAREMONT. BERKELEY 947M
(415)943-3093
HEADOUARTERS
1400 K STREET SACRAMENTO 95814
(916) 4AA•5790
FEDERAL AFFAIRS OFFICE
1301 PENNSYLVANIA AVE N W SUITE 600. WASHINGTON. D C 20004
(202)626 3108
MAR - 9 198
SOUTHERN CALIFORNIA OFFICE
900 WILSHIRE BLVD.. SUITE 702. LOS ANGELES 90017
(213)6214-4934
0
RESOLUTION N0. 32.4
RESOLUTION OF THE COUNCIL Of THE CITY OF ROSEVILLE SUPPORTING
EFFORTS TO AMEND SECTION 1340 Of THE STATE ELECTIONS CODE.
WHEREAS. the use of a mail ballot has proven to be a
cost effective election process resulting in a higher voter
participation than in conventional elections: and
WHEREAS. the State Elections Code presently strictly limits
the application of mail ballot elections in general flaw Cities;
and
WHEREAS. local governments should be given the option to
implement cost savings measures if they so desire:
NOW THEREFORE. BE IT RES0IYEO by the Council of the City
of Roseville. that the Council of the City of Rose-wi11:e-and
the Office of the City Cleric are hereby directed -to support
any efforts to amend Section 1 340 of the State ELect4o ns bode
so: as to allow localities greater flexibility in the use of the.
mail ballot election process.
PASSED AND ADOPTED by the Council of the City of Roseville
this lath day of January, 1982. #+y the followlaq- vote- on -roll call:
z
9
•
AYES COUNC%.tMEMBERS: Byron Claiborne, :mart li&0%1v, George A. Brsljan,
Richard Roccuccl, Marry Crabb, Jr.
NOES • COUNCILMEMBERS: None
v
ABSENT C.OUNCILMEMBERS: None
MAYOR
ATTEST:
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JA N z 1 1982
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CALIFORNIA STATE ASSEMBLY
CONTACT: Susanne Levitsky FOR RELEASE: January 14, 1982
916)445.7632
SHER INTRODUCES LOCAL "VOTE BY HAIL" BILL
Higher voter participation and lower election costs are
expected to result from a proposal by Assemblyma-n Byron Sher
C-Fsto.Alto) to permit local elections to be conducted by mail
ballot.
Sher's bill, AB .2400, was introduced Thursday. Sponsored
by the City Clerks' Association of California, it -would -permi`t
eiti.es, counties,. and other local agencies the option of ho. ding
an -election by mail, as long as it does not Coincide with State
primary -or general elections. At the present time, only charter
ctt#es and certain local districts can 1vo4d awfl-. all=ot elections.
Sher said his proposal was inspired by =the success of a
citywide mail ballot election conducted in San Diego last May.
He said 60.8% of the registered voters cast the mail ballots, and
the costs totalled some $222.000 less than the normal city elections.
AB 2400 contains specific provisions to guard against pos®
sable fraud. Sher said. The bill requires that "at least 75%" of
the mail ballot signatures be verified by a comparison with the
registration signatures. Sher said that in the case of the San
Diego election, all signatures on the returned ballots were able
to be verified.
"Local elections historically have been plagued by poor
turnouts,"'Sher said. "If voting is as easy as mailing a letter,
we should see a greater expression of public opinion on important
focal issues.'
Sher added that by:eliminatin:g the need to set up and
staff precinct polling places. AS 2400 would reduce the costs of
administering the elections.
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CITY �
CLERKS' ASSOCIATION
OF CALIFORNIA
January 19, 1982
tnis Marriner
351 Lafayette Circle
Lafayette, CA 94549
-fuh ect. Mail Ballot Elections
A cap? of AB- 2400, inrredoved- by Byron Sher proposing an aacnd-
sent to Tlect ions,- Code Section IV40 and adding Section 1340.5 relat-
U& to elections by mail is enclosed.
-Assemblyman Sher has indicated that a question has arisen con
earning the number of signatures in San Diego that were, in fact,
ftaudulent. Gary .Page of the San Diego City Clerk's Office informed.
N that -two (2)- signatures out of approximately 269.000 were deter-
tined fraudulent in the nail ballot election May. 1981.
City Council adopted Resolution 83-4, January 13, 19$3 sup-
"—Mi�►i1 Witting-effwrts- to amend the State Elections Code to give the Cities
« =tare flexibility is the use of the mail ballot election process- A
copy is inclosed.
MAIM
[«ai A meeting- Will be held prior- to hear -Ing by the Flections and -Re--
c,of apportionment Co=ittee in February. Please send any comments to me
~144" immediately so they can be considered.
sts AWG,%
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two -WAW E61t
PB/cp
ccs Clark Goecket
Val -Rurrowes
Alice Reimche
Pam Swift
Byron Sher
Ricardo Nieto
Lorraine 11agana
Peter Meyer
Ernie 11awk ins
Charles Abdelnour
Donna Hall
Wm. E. Sn►i th
Joann Jolley
Sincerely,:
Second Vice President
Legislative Chairman
City Clens' Association of California
segue of Ca` ifornia Cities
s�
14009SMEET SA
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BILL REFERRALlo
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AD 2665 STATUS, Assembly Elec•iozs F, Reapportionment
(Hannigan) Committee
IKM.Y no LATER THUS March 12, 1982
1. Should this erasure bet Supported Opposed
Watched Other, Explain
2. Please explain your reasons for the above determination.
3. If this measure could be amended to either improve its favorable arpects or to
minimize its adverse aspects; What amendmentswould you propose?
C. What would be the fiscal i pact of this measure on your city?
S. Form C&.Vleted by
(Use othor side or attach additional shcots, if nocnuuazy)
r.,-.,. r•.+'isriillii%%Mr�tt,M°]�ati��Id4M*�'�-kecr - _'
.-.+:YI•�T"' _. _ ._........i+nawi[C`�ffipry'.At(Qf'w4i�LiYdi��k`0.,i^vt.,:rn,: ....n...... .. .., ...:..�. � .y -
CALIFORNIA LEGISLATURE -1981-82 REGULAR SESSION
ASSEMBLY BILL No. 2665
Introduced by Assemblyman Hannigan
February 16, 1982
An act to amend Sections 1017 and 14002 of, and to add
Section 14253 to, the Elections Code, relating to elections, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2663, as introduced, Hannigan. Ballots.
Existing law authorizes a voter to request and vote an
absent voter ballot after the close of the period for requesting
absent voter ballots by mail only if the voter, because of illness
or disability, is unable to go to the polling place on election
day.
This bill would provide that, after the close of the period for
requesting absent voter ballots by mail, any voter may request
its writing that a ballot be provided to him or her. The voter
would have to appear in person in the office of the clerk
conducting the election, with the exception that a voter.- may,
in writing, designate another person as his or her authorized
representative for purposes of delivering the absent voter
ballot to the voter.
Existing law requires the clerk to provide 1 official ballot for
each voter in the precinct, and for absentee and emergency
purposes shall provide such additional number of ballots as
may be necessary.
The bill would require the clerk to provide a sufficient
number of official ballots in each precinct to reasonably meet
the needs of the voters in that precinct.
The bill would also require the clerk to provide any voter
who did not receive a ballot at the polling place with a ballot.
Article XIII 11 of the California Constitution and Sections
99 50
AB 2665 —2-
2231
2--
2231 and 2234 of the Revenue and Taxation Code require the
state to reimburse local agencies and school districts for
certain costs mandated by the state. Other provisions require
the Department of Finance to review statutes disclaiming
these costs and provide, in certain cases, for making claims to
the State Board of Control for reimbursement.
However, this bill would provide that no appropriation is
made and no reimbursement is required by this act for a
specified reason.
This bill would take effect immediately as an urgency
statute.
Vote: 73. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as' follottx
1 SECTION 1. Section 1017 of the Elections Code is
2 amended to read:
3 1017. After the close of the period for requesting
4 absent voter ballots by mail, any voter tt"able to go to the
5 pe I6 beeaese of mess er disehility resulting in his of bet
6 in-*- senetleriwtr; nursitig lteene, or
7 pktee of reside "ee, or my vefet unable beeattse of s
8 physieal- heett heap to go to his or her poilkig pkiee or
9 beentise of stteh handiettp is tt tttble to vele st hi -j er her
10 polling phtee date to e+rislitt., arehkeeitirA barriers to his
11 or her pel} ttg denyin him or her physiettl tweess
12 to tete pellirtg pkte'e, %-elin beefb; fir voting sppNrtttt:s or
13 rmtehinerry of wty► veer utiable to go to his et her 19olling
14 p6ee beettose of eovidikiotts resttlling itt h6 or her a6*enee
15 Prem the pteeittel on eleetiett e4w ` request i"- tt
16 writien 4ftlemesth signed to"der pe ttrlly► of perjury #hsi
17 s hallo! be delive"- to hint or het- This ballet! sal be
18 delivered by, the eleeE o"s ofiteitt to a" sttilterieed
19 represe nittlive of the Meier who pregettis this wirillen
20 94ttlement to the effientl.
21 Mere deliyerittg the babel the offieittl shall eent..psre
22 the signature on the regttes! with the signature ett the
23 %-oler-s sffidswii of regisirmiett. ina1, request, in tt- itiltg
24 that a ballot be provided to the toter. The voter shall
99 70
-3— AB 2665
1 appear in person in the office of the clerk conducting the
2 election, with the exception that a voter may, in writing,
3 designate an authorized representative for puposes of
4 delivering the absent voter ballot to the voter. Ifa voter
5 designates another person for the purpose of deli e ing
6 the absent voter ballot to the voter, the written statement
7 authorizing another person shall be delivered to the clerk
8 conducting the election, along with the written
9 statement by the voter requesting an absent voter ballot.
10 Upon receipt of an absentee ballot request under this
11 section, the clerk may verify the signature and residence
12 address with that appearing on the affidavit of
13 registration on lVe. The clerk ma)- snake the signature
14 check upon recc A -ft g the voted ballot but the signature
15 shall be compared prior to can < rising the ballot.
16 The voter- shall mark the ballot, place it in the
17 identification envelope, fill out and sign the envelope and
18 return the ballot, personally or through the authorized
19 representative, to either the elections official or any
20 polling place within the jurisdiction.
21 These ballots shall be processed and counted in the
22 same manner as other absentee ballots.
23 SEC. 2. ,Section 14002 of the Elections Code is
24 amended to read:
25 140002. The clerk aluvll provide ene t eied ballot for
26 efteh voter in +he pree net a snfl dent number of o/rIcial
27 ballots in each precinct to reasonably nxeet the deeds of
28 the voters in that precinct on election d i ,, and for
29 absentee and emergency purposes shall provide such
30 additional number of ballots as m -v be necessary.
31 The number of party ballots to be furnished to any
32 precinct for a primary election shall be computed from
33 the number of voters registered in that precinct as.
34 intending to affiliate with a parte, and the number of
35 nonpartisan ballots to be furnished to any precinct shall
36 be computed from the number of voters registered in
37 that precinct without statement of intention to affiliate
38 with any of the parties participating in the primary
39 election.
40 SEC. 3. Section 14253 is added to the Elections Code,
99 1W
AB 2665 —4—
I to read:
2 14253. Any voter who is unable to vote because the
3 precinct board is unable to provide the voter with a ballot
4 shall be provided a ballot by the clerk by 8 o'clock p.m.
5 on the day following the day of the election.
6 SEC. 4. No appropriation is made and no
7 reimbursement is required by this act pursuant to Section
8 6 of Article XIII B of the California Constitution or
9 &-ction 2231 or 2234 of the Revenue and Taxation Code
10 because this act is in accordance with the request of a
11 local agency or school district which desired legislative
12 authority to carry out the program specified in this act.
13 SEC. 5. This act is an urgency statute necessary for
14 the immediate preservation of the public peace, health.
15 or safety within the meaning of Article IV of the
16 Constitution and shall go into immediate effect. The facts
17 constituting the necessity are:
18 In order that the provision of this act may apply in time
19 for the 1982 elections, resulting in a substantial savings to
20 the counties in terms of the printing and distribution of
21 ballots, it is, essential that this act take effect immediately.
X
99 t2D
i THE C1TOF
SAN DIEGO
CITY ADMINISTRATION BUILDING • 202 C STREET • SAN DIEGO, CALIF. 921o1
OFFICE OF THE
CITY CLERK
2354120
January 26, 1982
Ms. Pauline Brockman, CMC
City of Roseville
316 Vernon Street
Roseville, CA. 95678
Dear Ms. Brockman:
Thank you for sending me a copy of your letter to Ernie Marriner.
In reviewing Assemblyman Sher's proposed bill, AB 2400, 1 noticed that
Section 1340.5, subparagraph (b) may be unnecessary, given Section 1351
of the Elections Code which specifies that the mailing shall be between
the 18th and 22nd day prior to the election..
Since I am not aware of the considerations, research, etc. which went into
AB 2400 I am making. this comment to you so that you may, pass it along if
you feel it is pertinent.
If I can be of any assistance in the future please do not hesitate to let
me know; I am glad to help in whatever way I can.
Sincerely,
(U.
Charles G. Abdelnour
City Clerk
CGA/GRP/crw
LAmn"m
GW"Mq"- a"
January 26, 1982
Pauline Brockman
City Clerk
316 Vernon Street
Roseville, CA 95678
Dear Pauline:
Go* a. UAS". Mayo
S. Thom" cwvowa. V" mew
MUM M. Chftoe
Le VOWOM Cmis
god Robinw
L C MWAW1 CWW AAWWW
Thank you very much -for sending me a copy of your letter of
January 19 advising us about AB 2400.
You have done a super job in getting this bill introduced. If
you do not accomplish anything else this year on the elections
by mail issue, you deserve considerable commendation for your
accomplishments to date.
I think the bill is excellent as drafted. I would be inclined
to go along with any -amendments which might be suggested by
Ernie Hawkins, since the County Clerks will be involved to same
extent in many counties in. handling such elections. It is quite
possible that Mr. Hawkins will suggest some additional provisions
for the bill to make it more precise and to avoid future minunder-
standings and possible litigation.
Obviously there is a long- way to go between getting a bill intro-
duced in the second year of the legislative session and getting
it signed into law by the Governor. I would not expect to attain
that success in 1982, but we should pave the way for a successful
effort in the 1983-84 legislative session.
Yours very truly,
E. C. MARRINER,
City Manager
ECM: s2
C
of -
L
LAPAYETTV. VA D-15.11)
�A THE C100F
SANT, DIEGO
CITY ADMINISTRATION BUILDING 202 C STREET • SAN DIEGO. CALIF. 92101
OMCJ OF T►+f January 25, 1982
CITY CLERK
2366420
Assemblyman Larry Stirling
State Capitol
Sacramento, CA 95814
Dear Larry:
I believe that both your bill and Assemblyman Sher's are
satisfactory approaches to broadening the use of the mail
ballot. I would be able to support either bill.
Whatever action you decide to take_. I hope that the legislature
will see fit to adopt a bill allowing broader use of the mail
ballot.
I will be glad to provide whatever help I can on this issue so
please do not hesitate to ask.
Si rely,
Charl s G. Abdelnour
City Clerk
DK:Jab
cc: Intergovernmental Relations
Pauline Brockman
of cp::,
-ce 1910
February 22, 1982
The Honorable Byron D. Sher
California State Assembly
State Capitol GV
Sacramento, California 958140
'06
A C'
Re: Assembly Bill 2400
Dear Assemblyman Sher:
This i -s to express our support for your Assembly Bill 2400
which would authorize local agencies under, specified con-
ditions to use mailed ballot election procedures. We feel
that this legislation will be of benefit to our member
agencies and could reduce election costs.
.P.
However, we do have one technics -1 problem with the bill
relating to verification of_..signatures. As you. know, several
types of districts vote on the basis of landownership rather
than resident voter and, thus, the verification provision
of the bill (Sec. 1340.5- U01 v-fll not work with regard
to such districts. It app6ars- tha--t, the bill should be mod -
if led to -make specific 0-rovi-sIens, for the verification.
of ballots in landowner voting agencies. We do not have
a recommendation as to how this can best be accomplished
but perhaps the filing of an -affidavit under penalty of
perjury would work well.
wpm 44, t
The County Clerks Association or someone such as. Rick Maness
in the Secretary of States Office might be helpful in this
regard.
We will be happy to discuss this matter with you at your
convenience and to assist you in securing passage of the
bt iL i,.
#'re 1 y
:.4. '4'4&46-�
s B. Allen
stant Executive Director
LBA: DH
cc: Assembly Committee on Elections and Reapportionment
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pCITY
CLERKS" ASS(PCIr1TI0N
OF CALIFORNIA
Pbruary 11, 1982
SUBJECT: Mail Ballot Legislation
Yosi are invited to Attend the meeting at the League OFfice-. ?larch
2, 1952. 10:00 a.m. to 4:00 or 5:00 p.m. has been set for the sheeting to
-discuss- the various issues regarding 10semb,11 Bili 2400 introduced by
ilssemb?yman Ayror Shp no% .T¢n,tory 14, 199'.
The Preliminary Agenda:
10:00 a.m. - 13:00 -noon
1:30p.m. - 4:00 p.m.
Tr amportatIcn.-
General Discussion
Meetings with Various Legisla=tors
re: Mail Ballot Legislation
To and from the Sacretr ato airport wilt be provided- by the
League of Caii-fvruia Cit+eta staff. Contact Clark Goecker if
you need transportation.
For those driving:
The League office is at 14th an4 K Streets. Commu:aity
Convention Ce -rater parking Garage is located at 13th and
I Streets (entrance or. Mh).
Meeting on Tuesday ins!eati of Friday, as previously planned, w i
enable those persons in Asse.TbIlman Shez's office and the Legis) at ive
COMIttee to sweet with ete City Clerks to discuss the issues and, also
we will be able to talc to the various legislators on Tuesday afternoon.
If you are unable to attend, please olVe me a call.
ux
Sincerely,
PAUL KE OC*SAIat, CrC
Second Viee President
Legislative Chairman
City Clerics' Association of California
i'A/ca
cc: Pam swift Fdy Caapl,oll
Alic0 Reimche Ernie 111twkins
Ernie ?.arriner Ann Tnnnor
Charles Abdolnour Val hurrww:rg
Lorraine Magana Cid.k Goecker
• flyti
j
The Sacraxne tA0 •Bee
•
J1.sAd4I TC"Y . WSPAP**
My MIcCiA1CNY NtWS►A�ERS
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C. R. MtCtA1CFt . P&M. pambw
JAMES McClA1CNv, rA►ii�Tafa
C. K. M4CIA1CW.«MNe,�q�� 1witu
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FRANK McCIXIOCN. accAl.v��M► L'
MICHAEL G. KIMR, aw4@.V e44cr
WAITER P. J **t #dWg 1011101
EttANCR McttA1CW. pw" 1M1/7t
M 1tR SCItRAG..Mr..dp.p.Mr
RON*1 MARKSCIN. 19wo NAW
VOL 219 --Ne. 4144.i
Rostst Mrtsty. 0- -4 .0ftwo a;+- .
Tuesday. February fj,1m .
�- -� Editorials
�._
Voting
By Mail
a
an Diego's successful -mail ballot election
Slast
compared with $600.000 for a similar ballot
May sparked enormous Interest in the
box election in the past.
possibility of similar elections In numerous
Since then. Oregon has conducted Its own
states and in Canada. -Such' enthusiasm is
successful mail ballot election. Berkeley plans
-understandable: Voting by. mailbox Instead of
a similar electioninMarch. A number of other
ballot box in San Diego dramatically In-
California cities,' including Los Angeles and
creased voter turnout and decreased election
San Francisco, have expressed interest;in.
costs. California charter Giles already have
malt ballots. t It r—
the option of using this Method. Counties and
q
generdl-taw cltlim dont.. Assemblymsin Byron
or, all Its benefits. however. matt ballot
Fvoting
Sher, D -Pala Alto. wants to give them that
may have a potentially serious flaw; .,.
choice.
--- voter coercion. Election laws 3MUSMW. 'r
Sher's hili. AB 2400, would extend the same
" protect against such pressure by requiring,
privilege tit all counties and local government
that all political activity be kept at a distance''
entities. The measure contains specific provi-
from voting areas. When voters enter the,
.�r
sienx to safeguard uRalnst poNibie fraud. such.
booth, they cast their'ballots in secret.
as requiring that at least,TS percent. of the
Mutt ballots don't eller that protection,'. —
mail ba1111t signatures bf3 verified by a com-
Subtle or blatant coercion could readily be
parlson with the registration signatures.
exerted by family members, the company
Among those supporting this legislation b the
boss. the union leader, the party organization,
CttyClerk's Association of California.
and others. In the process. the wishes of the. —
The San Diego experiment. does - Indeed
electorate could easily be distorted.
One way to curb abuses is to limit snail vote 10,
otter a strong argument-,* mill ballots. In
Ing to those expensive but otherwise neces-
"that election, the ballot listed a single Issue --
sary off-year elections where few hfsuea ar*.
whether to authorize revenue bonds to buiid a
on the ballot and no candidates are runaft
convention center. Election officials "rifled
In addition, some study or monitoring should- N
all mail baliot signatures. -They found two In-
accompany this new voting procedure, so that u
stances of voter fraud. In contrast to tete previ-
coercion of the legal sort does not go unno. V
ous high turnout of 35 percent for such elec•
ticed and its impact unassessed. Withoot such t
tions, almost 61 percent of registered voters
protections. Sher's bill may exact too high. a .
cast ballots by mail. The cost came to 1328.000,
price for the Increased voter turnout.
_?&9e 4 _ _ _ y -- � _ EA 11 19192
visons of the current Act. Including the Ser.. S pre-clenr:ance: requirement,
will expire in August. The house has already passed. by 389-24, 11R.3112,
a bill identical to 5.1992 currently before the Senate. The bill makes
permanent the temporary provisions of the VRA, provides standards for allowing
covered jurisdictions to "bail out," and continues the bilingual provisions
of the Act. (See Election A&ninistration Reports, Oct. 19, 1981.)
MAIL BALLOT "UNQUALI FIFI) SUCCESS"
IN LINN COUNTYL_R £FY)N F.X1'FRiMFNT
Linn County. oi-v. County Clerk Del W. Riley hits called tit--- cut+trty's v�-gip
b—sail effort of Nov. 3. 1981 an unqualified success. Riley's assessment is
AA ned in a report released last- with des ices ire bing the procedures and cost
of the county's mull ballot election. Linn County was the first county in
Oregon to take advantage of a state law allowing experimental mail voting.
The law, passed afte.-r San Diego's succenutttl mail halint election last
year, contalns a stmst•t provision terminatinl; the experimt•nt let 19R'I. The
Secretary of State. I!t reeltsired to report on the remiltm ttf the ext erimt•nt tit
the 1983 state legislature which will then determine the future of the process.
Riley has recommended not only that the vote -by -mail method be continued
but that it be expanded to include elections with candidates, other than prt-
navy and general, with the possibility that those elections may eventually be
Included as well.
Linn County heti 22.225 regiatwred voters ellRihle its vote tell one ttf three
ballot measures Hithmltted tet the voters Nov. 3. The lssites Int -faded a grea=ter
Albany Public School District $1.2 million specs -sl one year levy for construc-
tion and equipping two l.ymnariltims. a $130,n00 opernting levy for the Scin School
District, and a City of Brownsville charter revision. The Creater Albany School
District extends beyond Linn County into neighboring. Benton County which also
irenducted the district measure election by mail.
Preliminary discussions were held with the postal service to arrange the
details and costs of mailing the ballots. The postal service supplied trays
and sorting boxes at no charge. Linn County mailed its 22.225 ballots in
seventy boxes October 16, lA days before the election. Delivery was made to
the voters Monday October 19.
Each Linn County mail voter received a voting Packet consisting of an -\
official punch card ballot mounted on styrofoam with a punching tool, voting
Instructions. a secrecy envelope, and an envelope for returning the voted
ballot. Instructions directed the voter not to remove the card from the styro-
foam and to return the styrofoam with the ballot card thereby protecting it
from damage in the marl. Instructions also advised the voter not to show the
voted ballot card to anyone and to personally mail or deliver the voted ballot.
Of the 22,223 ballots mailed, 3.016 were returned by. the postal service
as undeliverable, recharing the number of appnrontly eligible voters to 17,209.
Of these, 13,537 returned voted ballots and all but 154 were valid. Turnout
fo e- b�any school district wgg per cents for the Scio school district,
tl per cent and for Brownsvilha `6_pent: In two ocher Linn county
schooi-df structs where elections were held conventionally, only(`11 and er
cent of the registered voters cast ballots.
EA Reports/February 1., 2Page 5
There were 140 ballots returned without signatures but 76 of these voters
who were contacted by telephone or mail came in person to sign in the appro-
priate place and their ballots were counted. Somewhat surprisingly, only seven
ballots were received too late to be counted.
The signature verification procedure went very quickly. After the enve-
lopes had been sorted alphabetically, the slowest worker could verify one
signature per minute and some persons could verify as many as three per minute.
Very few voters had any trouble with the ballots. Only 22 telephone calls
requesting assistance were logged, mainly from elderly people with reading
problems. Only ten ballots were returned in damaged conditin:i and required
duplication.
The ballot envelopes, weighing under one ounce, Were mailed at 8.8 cents,
bulk rate. The county received the ballots back as business reply mail at 18
cents per envelope. Undeliverable* were returned at 18 cents each. The county
made no claims of cost savings for this election. The budget, roughly aqual tg
conventional a -lection* in tots cost, ncliided'the following items:
Postage $4,193.83 Total Cost $10,307.52
Labor 3,329.67 Cost per reg. voter .46
Printing 457.15 Cost per voter voting .77
Supplies 2.326.87
Riley listed four reasons why he supports mail voting even if the coat
is not reduced. Theae included increased voter participatioo, voter accept-
ance, enhanced integrity of the election, and on election procedure that con-•,
bines the first three reasons and does not increase the cost of elections sig-
nificantly.
Press reaction to the mail ballot election was very favornble. Newspaper
commentary emphasized the increased voter turnout, voter convenience. and
energy savings. Writers were satisfied that the se crecy_of,the ballot had.been
preserved. Creat efforts had been made, however, to keep the press informed
every step of the process..
The media information program included an early press conference Oct. 1,
comple`e with the Secretary of State and other state officials. This was
follovid by a three-hour open house October 15 to explain the details of the
process. Special attention was given to media requests for information daily
and media were invited to covet the mail -out and ballet pick-up procedures.
The results of the election, however, were similar to many held in other
counties and states on the same day. Voters rejected the two school levtes,
by 68-32 and 58-42 per cent divisions. Brownsville voters passed the charter
amendment with 65 per cent of the vote.
Additional information on the Linn County mail election may be obtained
by writinl to Dal W. Riley., Linn County Clerk, PO Box 100, Albany, Oregon 97331.
Tel.(503) 967-3829.
NEW REVISED FEDERAL POST CARD APPLICATION
WILL BE AVAILABLE FOR 1982 ELECTION YEAR i
A new revised Federal Post Card Application (FPGA) will be issued for use
by more than five million U.S. citizens entitled to vote by absentee ballot.