BILL NUMBER: AB 2277 CHAPTERED 09/21/02 CHAPTER 753 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2002 APPROVED BY GOVERNOR SEPTEMBER 20, 2002 PASSED THE ASSEMBLY AUGUST 30, 2002 PASSED THE SENATE AUGUST 28, 2002 AMENDED IN SENATE AUGUST 7, 2002 AMENDED IN SENATE JUNE 25, 2002 AMENDED IN ASSEMBLY APRIL 24, 2002 AMENDED IN ASSEMBLY APRIL 10, 2002 INTRODUCED BY Assembly Members Keeley and Shelley FEBRUARY 20, 2002 An act to amend Sections 3001 and 3008 of, and to add Sections 3007.5, 3007.7, and 18107.5 to, the Elections Code, relating to absentee ballots. LEGISLATIVE COUNSEL'S DIGEST AB 2277, Keeley. Absentee ballots: applications. Existing law requires the Secretary of State to prepare and distribute to appropriate elections officials a uniform application format for an absent voter's ballot that conforms to statutory requirements. This bill would require the Secretary of State, in addition, to prepare a uniform electronic application format for an absent voter's ballot, as specified. This bill would allow a local elections official to use the uniform electronic application and would require the official to deliver an absent voter's ballot to a person who submits an electronic application within the proper time that contains the required information. This bill would require local elections officials who use the electronic application format to deliver a notice of defect to persons who submit an electronic application that does not contain the required information. Existing law requires any individual, group, or organization that distributes applications for absent voter ballots to return the completed application forms to the appropriate elections official within a specified time period of receiving them. This bill would impose a state-mandated local program by prohibiting, subject to infraction penalties for a violation, anyone other than the registered voter from submitting an electronic application for another voter. This bill would require the Secretary of State to report to the Legislature, within one year of the first statewide election following implementation of this bill, on the impact, if any, of permitting electronic application for absentee ballots, including the impact of the electronic applications on voter participation. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares the following: (a) It is the policy of this state that all election laws and procedures are established and construed to assist the elector in the exercise of his or her right to vote. It is the further policy of the state that this goal be accomplished in an economical manner that prevents fraud and encourages electors to vote. (b) California's system of elections can be improved by the use of current and emerging technologies to increase voter participation. (c) Greater electoral participation may be achieved by allowing all voters to submit absentee ballot requests electronically. (d) It is the intent of the Legislature that the electronic application process for an absent voter's ballot utilize current Internet technology security. (e) It is the intent of the Legislature to provide voters with a web page secure Internet format that is completed manually by the voter and submitted over the Internet as a single, secure document. SEC. 2. Section 3001 of the Elections Code is amended to read: 3001. Except as provided in Chapter 3 (commencing with Section 3200) and Sections 3007.5 and 3007.7, application for an absent voter' s ballot shall be made in writing to the elections official having jurisdiction over the election between the 29th and the 7th day prior to the election. The application shall be signed by the applicant and shall show his or her place of residence. Any applications received by the elections official prior to the 29th day shall be kept and processed during the application period. SEC. 3. Section 3007.5 is added to the Elections Code, to read: 3007.5. (a) The Secretary of State shall prepare and distribute to appropriate elections officials a uniform electronic application format for an absent voter's ballot that conforms to this section. (b) The uniform electronic application shall contain spaces for at least the following information: (1) The name and residence address of the registered voter as it appears on the affidavit of registration. (2) The address to which the ballot is to be mailed. (3) The name and date of the election for which the request is made. (4) The date the application must be received by the elections official. (5) The date of birth of the registered voter. (c) The uniform electronic application shall inform the voter that if he or she is not affiliated with a political party, the voter may request an absentee ballot for a particular political party for the primary election, if that political party has adopted a party rule, duly noticed to the Secretary of State, authorizing that vote. The application shall contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. The application shall list the parties that have notified the Secretary of State of the adoption of such a rule. The application shall contain a checkoff box with a conspicuously printed statement that reads, as follows: "I am not presently affiliated with any political party. However, for this primary election only, I request an absentee ballot for the ____ Party." The name of the political party shall be personally affixed by the voter. (d) The uniform electronic application shall contain a conspicuously printed statement, as follows: "Only the registered voter himself or herself may apply for an absentee ballot. An application for an absentee ballot made by a person other than the registered voter is a criminal offense." (e) The uniform electronic application shall include the following statement: "A ballot will not be sent to you if this application is incomplete or inaccurate." (f) The uniform electronic application format shall not permit the form to be electronically submitted unless all of the information required to complete the application is contained in the appropriate fields. SEC. 4. Section 3007.7 is added to the Elections Code, to read: 3007.7. (a) The local elections official may offer a voter the ability to electronically apply for an absent voter's ballot. If the local elections official offers the uniform electronic application, the electronic application shall be in an interactive Internet format to be completed through the local elections official's secure Internet site and may not be a downloadable form. The nondownloadable form shall be of a format that would allow the registered voter making an application for an absent voter's ballot to enter the required information and submit the single form directly to the elections official's secure Internet site. The local elections official shall make every effort to ensure the security of the submitted information. (b) Upon receiving an electronic absentee ballot application that contains the required information within the proper time, the elections official shall check the information provided against the voter's information on file. If the elections official deems the applicant entitled to an absent voter's ballot, the elections official shall deliver the appropriate absent voter's ballot by mail or in person. (c) If the elections official determines that an electronic absentee ballot application does not contain all of the required information, or for any other reason is defective, and the elections official is able to ascertain the voter's address, the elections official may not mail the voter an absent voter's ballot, but shall mail the voter a notice of defect. The notice of defect shall do both of the following: (1) Specifically inform the voter of the information that is required or the reason for the defect in the application. (2) State the procedure necessary to remedy the defective application. (d) An address, as required by paragraph (2) of subdivision (b) of Section 3007.5, may not be the address of any political party, a political campaign headquarters, or a candidate's residence. However, a candidate, his or her spouse, immediate family members, and any other voter who shares the same residence address as the candidate may request that an absentee ballot be mailed to the candidate's residence address. (e) Except as provided in Section 3007.5 and this section, all other sections of this code pertaining to absentee voter application, submission, deadlines, and canvassing shall apply to electronic absentee ballot applications and applicants. SEC. 5. Section 3008 of the Elections Code is amended to read: 3008. (a) Any individual, organization, or group that distributes applications for absent voter ballots and receives completed application forms shall return the forms to the appropriate elections official within 36 hours of receiving the completed forms, or before the deadline for application, whichever is sooner. The name, address, and telephone number of any organization that authorizes the distribution of the applications shall be included on the application. (b) Any application for an absent voter's ballot that is sent by an individual, group, or organization to a voter shall be nonforwardable. Any absent voter's ballot that is returned to an elections official as undeliverable shall not be forwarded by the elections official. (c) A person may not submit an absentee ballot application electronically for another registered voter. SEC. 6. Section 18107.5 is added to the Elections Code, to read: 18107.5. Every person who willfully violates subdivision (c) of Section 3008 is guilty of an infraction, punishable by a fine not to exceed two hundred dollars ($200) per application. SEC. 7. The Secretary of State shall report to the Legislature, within one year of the first statewide election following implementation of this act, on the impact, if any, of permitting electronic application for absentee ballots, including the impact of the electronic applications on voter participation. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.