The bill by the Santa Cruz Democrat also would ensure voter information guides reach eligible voters in jail and make it a crime to give someone a fake ballot return envelope.
Courthouse News, Alan Riquelmy
SACRAMENTO, Calif. (CN) — California officials say that over 30 jurisdictions across the country have refused to certify local election results or threatened to since 2020.
That hasn’t happened yet in the Golden State. A bill introduced in the Legislature intends to keep it that way.
Assembly Bill 331 — written by Assemblymember Gail Pellerin, a Santa Cruz Democrat — passed Wednesday in the Assembly Elections Committee, which Pellerin chairs.
The bill, which now proceeds to the Assembly Public Safety Committee, would make three changes to law.
First, it would clarify that certifying an election is a ministerial and nondiscretionary duty of elections officials. Failure to certify an election would lead to a transfer of all election materials from that jurisdiction to the California Secretary of State’s Office, which would count and certify the vote.
“There are tight deadlines at the state, federal and local level,” said Tiffany Brokaw, deputy attorney general, speaking on behalf of her office. “Our elections laws are foundational to a free and fair election.”
Second, the legislation would make it a crime to provide or solicit someone to put a ballot in an envelope that isn’t an official return envelope.
Pellerin and the Attorney General’s Office have said the November election led to a report of a possible misleading ballot return envelope being given to a voter. Existing law already prohibits someone from using unofficial vote-by-mail drop boxes. Pellerin’s bill would expand that law to include unauthorized ballot return envelopes.
Third, the bill would require officials make voter information guides reach inmates who are eligible to vote.
Pellerin told the committee that some inmates haven’t received the guides because they have staples — an item prohibited in jails. Her bill would ensure the guides have a design that would allow them behind bars.
The Secretary of State’s Office has supported the bill's broad objectives, but says it doesn’t have the equipment or staff to take on tabulation and certification duties for counties that fail to do their job.
Pellerin said she was working with the secretary of state on the bill.
“We’re going to make that happen,” she added.
In unrelated legislation, Assembly Bill 99 — a Republican bill which would limit utility rate increases — received strong Democratic support in the Assembly Utilities and Energy Committee on Wednesday. It passed and now advances to the Assembly Appropriations Committee.
The bill, written by Assemblymember Tri Ta, of Westminster, would prohibit investor-owned utilities from proposing consumer rate increases above the rate of inflation. However, exemptions exist. Such increases could occur if a majority of customers approved it through an election, or if the state’s Public Utilities Commission determined the increase was directly tied to safety improvements, modernization or fuel costs.
Ta argued that Californians need relief from exceptionally high utility rates and that his bill would create transparency and eliminate waste.
Public anger at utility prices has seemingly grown over the past few years. Public comment at Public Utilities Commission meetings often focuses on rate increases and the inability of people to pay.
Opponents, and some lawmakers who ended up supporting the bill, called it too simple.
“Oftentimes, simple bumper sticker solutions seldom solve problems,” said Scott Wetch, a lobbyist opposed to the legislation. He added: “It’s an ill-conceived idea and we would urge a ‘no’ vote.”
Many Democrats on the committee, while critical, pointed to the high cost of utilities in the state.
Assemblymember Jacqui Irwin, a Thousand Oaks Democrat, said lawmakers needed to send a message that they’re working on affordability.
Assemblymember Diane Papan, a San Mateo Democrat, said it’s not just constituents who have trouble paying their bills. Papan said she almost choked when viewing her recent utility bill.
Despite her support, reservations remain.
“I wonder if it’s overly simplistic,” she said.