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Committee advances AB 331 to clarify certification duties, curb misleading ballot envelopes and ensure jailed voters receive voter guides
Summary
The Assembly Elections Committee voted March 26 to advance AB 331, which would clarify counties' duty to certify election results, criminalize distribution of misleading unofficial ballot return envelopes and require jail-acceptable delivery of voter information guides.
The California State Assembly Elections Committee on March 26 voted to pass AB 331, authored by Chair Pellerin, which would (1) clarify that a county elections official's duty to certify election results is ministerial and nondiscretionary, (2) make distributing fraudulent or misleading ballot return envelopes a crime and (3) require that state and county voter information guides be delivered to county jails in a format jails can accept so registered jailed voters receive them.
The bill's sponsors include the state Attorney General's Office. Deputy Attorney General Tiffany Brokaw told the committee AB 331 is a proactive step to strengthen and clarify California's election laws following post-2020 trends in other states where some local officials delayed or refused certification. Brokaw and Deputy Attorney General Michael Cohen said the requirement to deliver jail voter guides in a format accepted by jails (for example, unstapled or otherwise permitted formats) is intended to ensure jailed registered voters receive statutorily required information.
The Secretary of State's legislative deputy, Tim Cromartie, submitted a letter of concerns and testified that while the office supports the bill's broad objectives, the bill as drafted would pose substantial implementation challenges if the Secretary of State were required to take custody of a county's materials and conduct a county-level canvass or tabulation. Cromartie said the Secretary of State currently lacks systems, secure facilities, ballots tabulation equipment and trained staff needed to run a county election system in place of county staff and that the bill's language would represent a significant expansion of state duties. The author and Attorney General's office said they are working with the Secretary of State to address those implementation issues and will craft technical amendments.
Committee members discussed the need to balance clear certification deadlines with practical implementation and oversight. The committee passed the bill as presented at the hearing and re-referred it to the Assembly Public Safety Committee; members and sponsors said they will continue to work with the Secretary of State and counties on workable language for contingency procedures.
The committee recorded the motion to pass; the vote was unanimous among members present.
