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Bill to require mailed ballots be received by election day stalls after debate over disenfranchisement risk
Summary
SB 406 would require that ballots cast by mail be received by county election officials by election day (instead of being timely if postmarked by election day and received up to seven days later). The committee heard pro and con testimony and took no final vote; the bill remained in committee.
Senate Bill 406, authored by Senator A. Choi, would require that vote-by-mail ballots be received by county registrars by election day rather than be considered timely if postmarked by election day and received in the subsequent seven-day window. The committee heard proponents arguing the change would speed results and opponents arguing it would disenfranchise voters who rely on the postal service; no motion was made and the bill remained in committee.
Proponents said the seven-day receipt window creates a prolonged counting period that delays results and undermines public confidence. A lead witness for proponents argued voters have many options — drop boxes, vote centers that open before election day, in-person voting on election day — and asked voters to plan ahead. The bill would keep an exception for military and overseas voters.
Opponents including the League of Women Voters and the ACLU said eliminating the postmark/receipt window would punish voters for postal delays beyond their control and disenfranchise tens of thousands of Californians, especially in rural or underserved areas that rely on mail service. League witnesses also warned the Postal Service faces staffing and delivery pressures and that California’s current practice of counting ballots postmarked by election day and received within seven days gives voters a straightforward, inclusive rule.
Committee members acknowledged the tradeoff between speed and inclusivity. Several members urged continued negotiations with Assembly proposals that aim to address counting delays while preserving voter access. With no motion made while committee membership was transient, SB 406 remained in committee for further consideration.
