BILL NUMBER: SB 1654	CHAPTERED  08/23/06

	CHAPTER  156
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2006
	APPROVED BY GOVERNOR  AUGUST 23, 2006
	PASSED THE ASSEMBLY  AUGUST 7, 2006
	PASSED THE SENATE  MAY 11, 2006
	AMENDED IN SENATE  APRIL 18, 2006

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 24, 2006

   An act to amend Section 3009 of the Elections Code, relating to
voting.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1654, Ortiz  Voting: absentee ballot.
   Existing law authorizes eligible voters to vote by absentee ballot
and authorizes a county elections official to deliver an absentee
ballot to the absent voter's spouse or parent.
   This bill would additionally authorize delivery of an absentee
ballot to the absentee voter's child, parent, grandparent,
grandchild, or sibling, or a person residing in the same household as
the absent voter, who is 16 years of age or older.


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


  SECTION 1.  Section 3009 of the Elections Code is amended to read:

   3009.  (a) Upon receipt of any absentee ballot application signed
by the voter that arrives within the proper time, the elections
official should determine if the signature and residence address on
the ballot application appear to be the same as that on the original
affidavit of registration. The elections official may make this
signature check upon receiving the voted ballot, but the signature
must be compared before the absent voter ballot is canvassed.
   (b) If the elections official deems the applicant entitled to an
absent voter's ballot he or she shall deliver by mail or in person
the appropriate ballot. The ballot may be delivered to the applicant,
his or her spouse, child, parent, grandparent, grandchild, or
sibling, or a person residing in the same household as the absent
voter, except that in no case shall the ballot be delivered to an
individual under 16 years of age. The elections official shall
deliver the absentee ballot to the applicant's spouse, child, parent,
grandparent, grandchild, or sibling, or a person residing in the
same household as the absent voter only if that person signs a
statement attested to under penalty of perjury that provides the name
of the applicant and his or her relationship to the applicant, and
affirms that he or she is 16 years of age or older, and is authorized
by the applicant to deliver the absentee ballot.
   (c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter an absent voter's ballot together with a notice. The
notice shall inform the voter that the voter's absent voter's ballot
shall not be counted unless the applicant provides the elections
official with the missing information or corrects the defects prior
to, or at the time of, receipt of the voter's executed absent voter's
ballot. The notice shall specifically inform the voter of the
information that is required or the reason for the defects in the
application, and shall state the procedure necessary to remedy the
defective application.
   If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
   In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.