AB 1662 - Ranked Ballots for Overseas Voters

March 28, 2009 -- CfER-sponsored AB 1662, in the 2007-2008 session of the Legislature, would have helped overcome the frequent disenfranchisement of overseas absentee voters by providing them with a special ranked ballot whenever a runoff election might have to be conducted within 90 days of the preliminary round. For our current work on this issue, see AB 308.

Action Page Index and Links

Introduction

When the first and second rounds of a two-round runoff election occur close together, it can be difficult for absentee voters located overseas to receive their second-round ballots (which aren't printed until the first-round results are known) and return them in time to be counted. Only a small number of California cities have second rounds within 45 days of the first round, but a larger number have second rounds 60 to 70 days after the first (details here).

Because the right to cast an effective vote is at stake, this is a significant problem even if it affects only some voters in only a few jurisdictions.

In the long run, CfER wants to replace two-round runoffs with IRV. In the meantime, providing ranked ballots to those voters who might not be able to receive and return their runoff ballots by a deadline, is a valuable reform. Under this bill, affected voters would receive both a normal ballot for the first round, and an optional ranked ballot. Only the normal ballot would be counted in the first round. The special runoff ballot would be counted only if there is a runoff and if the voter does not return a normal runoff ballot. It would count for the candidate who receives the highest ranking of those candidates who made the runoff.

Since it's introduction, AB 1662 has been amended to require that ranked ballots be sent to all overseas absentee voters rather than just active military stationed overseas, to clarify that the procedure is not instant runoff voting and does not required equipment upgrades, and to improve the description of the procedure.

Arkansas, Louisiana and South Carolina have already adopted this reform. A bill to expand it from active military to all overseas absentee voters was passed in Arkansas, after one election cycle of experience, with virtually no opposition. The city of Springfield, Illinois adopted a similar measure affecting local elections in April 2007. And a bill to authorize it all Illinois cities is on the governor's desk.

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Call To Action

Urge your state Senator to support and co-author AB 1662

AB 1662 is CfER's bill to use ranked ballots to improve access to the ballot box for overseas absentee voters. It would apply to general elections held within 90 days of the primary. These include all special elections to fill vacancies in the Legislature and Congress and elections in at least 10 charter cities. Overseas absentee voters would be able to return a special ballot ranking all of the candidates on the first-round ballot. If they are unable to return their second-round ballot in time, this ranked ballot would be used to determine their second-round vote.

As detailed in the chronology below, AB 1662 passed the Assembly last year and has been approved by the Senate Elections Committee. It is now in the Senate Appropriations Committee, which must approve it by August 15 at the latest. We estimate that the cost of implementation would be *at most* $100,000, but this year the annual summer budget crisis is more severe than usual. We need to keep the momentum going and build additional support for the bill if it is to be enacted.

We will need your help to get AB 1662 through the Senate and signed by the Governor. We need you to make two contacts today in the state Senate.

(1) Please contact Senator Tom Torlakson, Chair of the Senate Appropriations Committee, and urge him to support the bill when it is heard in committee soon. The hearing must be held by August 15 at the absolute latest.

Senator Tom Torlakson
Chair, Senate Appropriations Committee
Postal: State Capitol, Room 5050, Sacramento, CA 95814
Phone: (916) 651-4007
Fax: (916) 445-2527
Email: Senator.Torlakson@senate.ca.gov

(2) Please contact your state Senator today and urge their support for the bill. In particular, please ask that they co-author the bill and send them

You can call, fax, email, or send a postal letter to them. Written comments, especially handwritten letters, have the greatest impact, but do whatever works for you. For contact information for your Senator, please view the Senate roster available here. You can also find out who your Senator is using your address or a map here. If your senator is a member of the Senate Appropriations Committee -- Senators Torlakson (Chair), Cox (Vice Chair), Aanestad, Ashburn, Cedillo, Corbett, Dutton, Florez, Kuehl, Oropeza, Ridley-Thomas, Runner, Simitian, Wyland, and Yee -- be sure to ask them to support the bill when it is heard in committee. An in-person visit to their district office is especially effective.

CONDENSED TALKING POINTS
  1. About 20 percent of overseas voters who attempt to vote don't have their votes counted, and the tight deadlines for runoff elections make this problem worse.
  2. The federal government urges states to mail overseas ballots by 45 days before election, a deadline that cannot be met in some California runoff elections.
  3. Ranked ballots offer a very low cost way for voters who cannot return their runoff ballots in time to participate in runoff elections.
  4. The special ranked ballot will be counted only if a regular runoff ballot is not received from the same voter.
  5. This process already has a track record and enthusiastic support in Louisiana, Arkansas, South Carolinia and Illinois.

For more detailed talking points, see here.

Endorsements and letters of support should be addressed to:

Assemblyman Paul Cook
State Capitol
Room 5164
Sacramento, CA 95814
Fax: (916) 319-2165

Just as with AB 1294, Californians for Electoral Reform would like to receive a copy of any letters or endorsements submitted to the author of the bill, so please carbon-copy (cc:) email correspondence to Rob Dickinson at or fax copies of postal mail to (650) 679-9569.

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Talking Points

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Chronology

August 15, 2008 -- AB 1662 died when the Senate Appropriations Committee left it in the suspense file.

July 28, 2008 -- After an eleven-month hiatus, AB 1662 is about to come up for a vote in the Senate Appropriations Committee. It must be reported to the floor by August 15 in order to have a chance of passage. The full Senate must act on it by August 29.

AB 1662 is CfER's bill that would use ranked ballots to increase the number of overseas absentee voters who are able to return their runoff election ballots in time to be counted. For more information on the bill, start here.

August 30, 2007 -- This afternoon AB 1662 joined roughly 200 other bills for an extended sojourn in the Senate Appropriations Committee suspense file. It will be considered again next year.

We -- Author Assembly Member Paul Cook's staff and CfER activists -- simply don't know why the bill wasn't voted out of the Appropriations Committee. We thought we had cleared up the confusion about cost and equipment requirements that resurfaced in the committee's staff analysis on August 22. And we received positive feedback from the Senators' offices we talked to during the last couple of days. We're surprised by this outcome.

The good news is that we have several months to keep working on the bill. The (somewhat) bad news is that we have to start by finding out who stood in the way and why.

August 27, 2007 -- Last Wednesday AB 1662 was placed on the Appropriations Committee suspense file because committee staff misunderstood the cost implications. This is CfER's bill that would let overseas voters use ranked ballots when the time between first round and runoff is short.

A hearing on all bills being held in the suspense file is scheduled for Thursday, August 30.

July 24, 2007 -- AB 1662 and AB 1294 have both been scheduled for a hearing in the Senate Appropriations Committee on Monday, August 20. Appropriations Committee hearings are in Room 4203 of the State Capitol and begin at 10:00am.

July 10, 2007 -- Today the Senate Elections Committee approved both AB 1662 and AB 1294, both sponsored by Californians for Electoral Reform. The bipartisan vote on AB 1662 was 4-0, with committee chair Ron Calderon (D-30) abstaining. The vote on AB 1294 was 3-2 along party lines.

Both bills now advance to the Senate Appropriations Committee.

June 6, 2007AB 1294, which would allow all cities and counties -- not just those with home rule charters -- to use ranked voting methods, passed the California Assembly today. The vote was 47-31, with one abstention and one absence.

Later the same day, AB 1662, which would let overseas voters use ranked ballots when the time between first round and runoff is short, also passed. The vote was 77-0.

May 31, 2007 -- Today AB 1662 passed the Assembly Committe on Appropriations. The vote was 17-0.

On May 9, AB 1294 (see CfER action page) had passed the Assembly Committee on Appropriations. During the same hearing AB 1662 was placed on the Appropriations Committee's "suspense file", due in part to a committee staff analysis based on a misreading of the bill that dramatically inflated the expected cost. Bills in the "suspense file" are reviewed at a later hearing in which the committee decides which ones to approve based on the costs and perceived benefits of all the bills in the file.

April 25, 2007 -- AB 1662 has been amended to apply to all overseas absentee voters, not just active duty military voters. Today's amendment also removed language that would have authorized state and/or county participation in the Federal Voting Assistance Program?s pilot project that would allow persons who register and vote overseas to vote electronically.

April 18, 2007 -- Yesterday the Assembly Committee on Elections and Redistricting approved both of the ranked voting bills before it.

AB 1662 would help overcome the frequent disenfranchisement of overseas absentee voters by providing them with a special ranked ballot whenever a runoff election might have to be conducted within 90 days of the preliminary round. The 6-0 vote showed bipartisan support for reporting this bill out of committee.

AB 1294 would give all cities and counties the option to use IRV or choice voting in their local elections, and would facilitate the development of compatible voting systems by establishing standards for ranked voting elections. The vote was 5-2.

This is exciting news, but it's also just one step. As these bills -- especially AB 1294 -- progress through the Committee on Appropriations and to the floor of the Assembly, they will need steadily growing support from communities and organizations around the state.

February 24, 2007 -- AB 1662, introduced on February 23 by Assembly Member Paul Cook (R-65), includes CfER-sponsored language requiring that active members of the military who are stationed overseas be able to use ranked ballots when voting in elections that might lead to a runoff.

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More Details

Timing of California Runoff Elections

In special elections to fill vacancies in Congress and the state legislature, the runoff (when required) is either 8 or 9 weeks after the primary.

Cities that have runoff elections (this list may not be complete since we haven't looked at every city charter):

General law counties, and charter jurisdictions that have primaries in June and general elections in November, would not be affected by AB 1662. Five months is plenty of time for a normal runoff.

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