BILL NUMBER: AB 302	CHAPTERED  10/14/01

	CHAPTER  916
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 14, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	PASSED THE ASSEMBLY  MAY 14, 2001
	AMENDED IN ASSEMBLY  MAY 10, 2001

INTRODUCED BY   Assembly Member Migden

                        FEBRUARY 16, 2001

   An act to amend Sections 3011 and 3017 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, Migden.  Election ballots and voter pamphlets.
   Existing law requires an absent voter, after marking the absentee
ballot, to return the ballot either by mail or in person to the
official from whom it came or in person to any member of a precinct
board at any polling place within the jurisdiction, except that an
absent voter who, because of illness or other physical disability, is
unable to return the ballot, may designate a family member, as
specified, to return the absentee ballot.
   This bill would authorize the absent and disabled voter to
designate any person residing in the voter's household to return the
ballot.  The bill would provide that, notwithstanding this provision,
no absent voter's ballot shall be returned by a paid or volunteer
worker of a campaign or controlled committee, except as specified.
The bill would require the absentee ballot identification envelope to
include the name of the person authorized to return it.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3011 of the Elections Code is amended to read:

   3011.  The identification envelope shall contain the following:
   (a) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
   (b) The signature of the voter.
   (c) The residence address of the voter as shown on the affidavit
of registration.
   (d) The date of signing.
   (e) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
   (f) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
   (g) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
   (h) A statement that the voter has neither applied, nor intends to
apply, for an absent voter's ballot from any other jurisdiction for
the same election.
   (i) The name of the person authorized by the voter to return the
absentee ballot pursuant to Section 3017.
   (j) The relationship to the voter of the person authorized to
return the absentee ballot.
   (k) The signature of the person authorized to return the absentee
ballot.
  SEC. 2.  Section 3017 of the Elections Code is amended to read:
   3017.  All absentee ballots cast under this division shall be
voted on or before the day of the election.  After marking the
ballot, the absent voter shall either:  (1) return the ballot by mail
or in person to the elections official from whom it came or (2)
return the ballot in person to any member of a precinct board at any
polling place within the jurisdiction.  However, an absent voter who,
because of illness or other physical disability, is unable to return
the ballot, may designate his or her spouse, child, parent,
grandparent, grandchild, brother, sister, or a person residing in the
same household as the absent voter to return the ballot to the
elections official from whom it came or to the precinct board at any
polling place within the jurisdiction.  The ballot must, however, be
received by either the elections official from whom it came or the
precinct board before the close of the polls on election day.
   (b) The elections official shall establish procedures to insure
the secrecy of any ballot returned to a precinct polling place.
   (c) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
   (d) Notwithstanding subdivision (a), no absent voter's ballot
shall be returned by any paid or volunteer worker of any general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any
other group or organization at whose behest the individual designated
to return the ballot is performing a service.  However, this
subdivision shall not apply to a candidate or a candidate's spouse.