The fight continues to give California soldiers overseas extra time for their ballots to make it back to the states.

Assemblyman Jim Patterson said it was a simple premise.

"What we discovered is that if we give overseas service members three additional days, we will capture 90 percent of the votes that have been trashed and shredded before," Patterson said. 

But the bill was killed in the Senate Elections Committee. The assemblyman is not taking no for an answer. 

"Folks who know me, know I'm persistent. When I believe in something, I work very hard at it," Patterson said. 

He says 87 percent of late overseas ballots arrived three days late and were shredded and that's not acceptable.