Hearing Date: December 4, 2020 J:\MANDATES\2019\TC\19-TC-01 Vote by Mail Ballots Prepaid Postage\Ps&Gs\TOC.docx ITEM 4 PROPOSED DECISION AND PARAMETERS AND GUIDELINES Elections Code Section 3010; Statutes 2018, Chapter 120 (AB 216) Vote by Mail Ballots: Prepaid Postage 19-TC-01 County of Los Angeles, Claimant TABLE OF CONTENTS Exhibit A Test Claim Decision .................................................................................................................. 1-58 Exhibit B Draft Expedited Parameters and Guidelines ............................................................................. 1-22 Exhibit C County of San Diego’s Comments on the Draft Expedited Parameters and Guidelines .......... 1-18 Exhibit D Draft Proposed Decision and Parameters and Guidelines ........................................................ 1-40 Exhibit E State Controller’s Office (Controller’s) Comments on the Draft Proposed Decision and Parameters and Guidelines ........................................................................................................ 1-13 Exhibit F Nichols Consulting’s Comments on the Draft Proposed Decision and Parameters and Guidelines ........................................................................................................ 1-16 Exhibit G California Special Districts Association’s (CSDA’s) and League of California Cities’ (League’s) Late Comments on the Draft Proposed Decision and Parameters and Guidelines ....................................................................................................... 1-15 Exhibit H Supporting Documentation 1. California Secretary of State, Memorandum #20153 ..................................................... 1-2 2. California Secretary of State, Memorandum #20160 ..................................................... 1-3 i 3. Commission on State Mandates, Staff Analysis and Proposed Parameters and Guidelines Amendment on Absentee Ballots, 02-PGA-02 ........................................... 1-17 4. Commission on State Mandates, Test Claim Decision on Racial and Identify Profiling, 18-TC-02 ....................................................................... 1-72 5. State of Washington, Presidential Primary 2020 Advisory #01 ..................................... 1-6 6. U.S. Postal Service, Business Reply Mail Frequently Asked Questions ...................... 1-14 7. U.S. Postal Service, Payment Options for Returned Business Reply Mail .................... 1-3 8. U.S. Postal Service, 505 Return Services ..................................................................... 1-28 ii July 24, 2020 Ms. Lucia Gonzalez Ms. Erika Li Exhibit A County of Los Angeles Department of Finance 648 Kenneth Hahn Hall of Administration 915 L Street, 10th Floor 500 West Temple Street Sacramento, CA 95814 Los Angeles, CA 90012-2713 And Parties, Interested Parties, and Interested Persons (See Mailing List) Re: Decision Vote by Mail Ballots: Prepaid Postage 19-TC-01 Elections Code Section 3010; Statutes 2018, Chapter 120 (AB 216) County of Los Angeles, Claimant Dear Ms. Gonzalez and Ms. Li: On July 24, 2020, the Commission on State Mandates adopted the Decision partially approving the Test Claim on the above-captioned matter. Sincerely, Heather Halsey Executive Director J:\MANDATES\2019\TC\19-TC-01 Vote by Mail Ballots Prepaid Postage\Correspondence\decisiontrans.docx Commission on State Mandates 980 9th Street, Suite 300 Sacramento, CA 95814 | www.csm.ca.gov | tel (916) 323-3562 | email: [email protected] 1 BEFORE THE COMMISSION ON STATE MANDATES STATE OF CALIFORNIA IN RE TEST CLAIM Case No.: 19-TC-01 Elections Code Section 3010 Vote by Mail Ballots: Prepaid Postage Statutes 2018, Chapter 120 (AB 216) DECISION PURSUANT TO GOVERNMENT CODE SECTION 17500 ET SEQ.; CALIFORNIA CODE OF Filed on October 15, 2019 REGULATIONS, TITLE 2, DIVISION 2, County of Los Angeles, Claimant CHAPTER 2.5, ARTICLE 7. (Adopted July 24, 2020) (Served July 24, 2020) TEST CLAIM The Commission on State Mandates adopted the attached Decision on July 24, 2020. ________________________________ Heather Halsey, Executive Director 2 BEFORE THE COMMISSION ON STATE MANDATES STATE OF CALIFORNIA IN RE TEST CLAIM Case No.: 19-TC-01 Elections Code Section 3010 Vote by Mail Ballots: Prepaid Postage Statutes 2018, Chapter 120 (AB 216) DECISION PURSUANT TO GOVERNMENT CODE SECTION 17500 Filed on October 15, 2019 ET SEQ.; CALIFORNIA CODE OF County of Los Angeles, Claimant REGULATIONS, TITLE 2, DIVISION 2, CHAPTER 2.5, ARTICLE 7. (Adopted July 24, 2020) (Served July 24, 2020) DECISION The Commission in State Mandates (Commission) heard and decided this Test Claim during a regularly scheduled hearing on July 24, 2020. Christina Snider appeard on behalf of interested party County of San Diego. Chris Hill appeared on behalf of the Department of Finance. The claimant submitted on the record, including its written comments, and did not appear. The law applicable to the Commission’s determination of a reimbursable state-mandated program is article XIII B, section 6 of the California Constitution, Government Code sections 17500 et seq., and related case law. The Commission adopted the Proposed Decision to partially approve the Test Claim by a vote of 6-0, as follows: Member Vote Lee Adams, County Supervisor Yes Mark Hariri, Representative of the State Treasurer, Vice-Chairperson Absent Jeannie Lee, Representative of the Director of the Office of Planning and Research Yes Gayle Miller, Representative of the Director of the Department of Finance, Chairperson Yes Sarah Olsen, Public Member Yes Carmen Ramirez, City Council Member Yes Jacqueline Wong-Hernandez, Representative of the State Controller Yes 1 Vote by Mail Ballots: Prepaid Postage, 19-TC-01 Decision 3 Summary of the Findings This Test Claim addresses Statutes 2018, chapter 120, which amended Elections Code section 3010 to require elections officials to include prepaid postage on identification envelopes delivered to vote-by-mail voters for returning their ballots. The Commission finds that the test claim statute was timely filed within one year of the effective date of the statute, and that the reimbursement period begins on January 1, 2019, based on the effective date of the statute. The Commission also finds that Elections Code Section 3010, as amended by Statutes 2018, chapter 120, imposes a reimbursable state-mandated program on county and city elections officials for state and local elections except for those held at the discretion of the local governing body, or elections for which counties or cities have fee authority within the meaning of Government Code section 17556(d). Specifically, the Commission finds that the test claim statute imposes a new requirement on city and county elections officials to provide prepaid postage on identification envelopes delivered with vote-by-mail ballots for all state and local elections. Although “elections official” is defined broadly in section 320 of the Elections Code, school districts, community college districts, and special districts do not conduct their own elections. The requirement to provide prepaid postage on identification envelopes is mandated only on counties and on cities that conduct elections. The Commission further finds that counties and cities are compelled by state law to conduct the following elections: (1) statewide general elections, statewide direct primary elections, and the presidential primary elections conducted by counties;1 (2) regular local elections compelled by state law;2 (3) special elections called by the Governor or required by state law, including recall elections of local officers, special elections forced by a petition of the voters to issue school bonds or to replace an appointee and fill a vacant school board position, and elections required by state law that are conducted by charter cities and counties;3 and, (4) local elections called by a 1 Elections Code sections 1200-1202, 13001. 2 For example, California Constitution, article 6, section 16(b), and article 11, section 1; Elections Code sections 1300 et seq., 10517; Education Code sections 5300, 5303; Government Code section 24200, 25304.5. 3 For example, Elections Code section 10700 (vacancy in a congressional or legislative office), 11110 (recall of state elected officers), 11200 et seq. (recall of local officers); Education Code section 15100 (voter petition for school bonds); Education Code section 5091(c) (voter petition to replace an appointee and fill a vacant board position); Elections Code sections 8026 (death of incumbent or challenger for a nonpartisan statewide, countywide, or citywide office, or for a nonpartisan office that is elected by division, area, or district, before an election); Education Code section 5093 (special elections consolidated with the next regular election when the vacancy occurs during the period between six months and 130 days prior to a regularly scheduled governing board election). 2 Vote by Mail Ballots: Prepaid Postage, 19-TC-01 Decision 4 school district, community college district, or special district.4 Thus, the requirement to include prepaid postage on identification envelopes delivered to vote-by-mail voters for these required elections is mandated by the state.5 However, state law does not compel counties or cities to call their own discretionary local elections, and there is no evidence in the record that cities and counties are practically compelled to call discretionary local elections. As explained in the Decision, these elections generally include those called to