BILL NUMBER: AB 18	CHAPTERED
	BILL TEXT

	CHAPTER  485
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2007
	AMENDED IN SENATE  SEPTEMBER 6, 2007
	AMENDED IN SENATE  AUGUST 30, 2007
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN SENATE  JULY 2, 2007
	AMENDED IN ASSEMBLY  APRIL 12, 2007
	AMENDED IN ASSEMBLY  MARCH 19, 2007

INTRODUCED BY   Assembly Member Blakeslee

                        DECEMBER 4, 2006

   An act to amend Section 354.5 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 18, Blakeslee. Signature stamps: authorized users.
   Existing law provides that, when a signature is required for any
purpose specified in the Elections Code, a person who cannot write
may satisfy that requirement by the use of a mark if certain
conditions are met.
   This bill would provide, in addition, that a person with a
disability, as defined, who, by reason of the disability, is unable
to write may use a signature stamp, or authorize another person to
use the stamp, to serve as his or her signature for any purpose
specified in the Elections Code. The bill would require that a
signature affixed with a signature stamp pursuant to these provisions
be treated in the same manner as a signature made in writing and
would authorize a signature stamp to be used as a mark, as specified.
It would impose certain conditions on the use of signature stamps,
including a condition that the signature stamp be used in the
presence of the Secretary of State, local elections officials, or
their designees to obtain a ballot.
   The bill would prohibit the use of a signature stamp on a ballot,
or to obtain an absentee ballot, in any local, state, or federal
election unless the person is the authorized user of the signature
stamp. The bill would also provide that a registered voter or any
person who is eligible to vote, who qualifies as an authorized user,
may use a signature stamp only after he or she first submits his or
her affidavit of registration or a new affidavit of registration,
whichever is applicable, in the presence of a county elections
official, using the signature stamp to sign the affidavit.
   The bill would require the Secretary of State to report to the
Legislature, not later than January 1, 2009, regarding the use of
signature stamps during the 2008 elections.


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

  SECTION 1.  This act shall be known as the Warren Mattingly
Signature Stamp Act.
  SEC. 2.  Section 354.5 of the Elections Code is amended to read:
   354.5.  (a) "Signature" includes either of the following:
   (1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over the age of 18 years
designated by the person and the designee subscribes his or her own
name as a witness thereto. For purposes of this paragraph, a
signature stamp may be used as a mark, provided that the authorized
user complies with the provisions of this paragraph.
   (2) An impression made by the use of a signature stamp pursuant to
the requirements specified in subdivision (c).
   (b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
   (c) An authorized user of a signature stamp may use it to affix a
signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:
   (1) A signature stamp used to obtain a ballot or absentee ballot
in any local, state, or federal election shall be used only by the
authorized user of that signature stamp.
   (2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the
local elections official, or his or her designee, to obtain a ballot,
in any local, state, or federal election unless the authorized user
of the signature stamp votes by absentee ballot. If the owner of a
signature stamp votes by absentee ballot, he or she shall affix the
signature stamp on the absentee ballot in accordance with the
requirements of Section 3019.
   (d) A signature affixed with a signature stamp by an authorized
user in accordance with the requirements of this section shall be
treated in the same manner as a signature made in writing.
   (e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (g), may use a signature stamp only after he or she first
submits his or her affidavit of registration or a new affidavit of
registration, whichever is applicable, in the presence of a county
elections official, using the signature stamp to sign the affidavit.
   (f) The Secretary of State shall report to the Legislature not
later than January 1, 2009, regarding the use of signature stamps
during the 2008 elections.
   (g) The following definitions apply for purposes of this section:
   (1) "Authorized user" means either of the following:
   (A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
   (B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
   (2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions (h),
(i), and (k) of Section 12926 of the Government Code.
   (3) "Signature stamp" means a stamp that contains the impression
of any of the following:
   (A) The actual signature of a person with a disability.
   (B) A mark or symbol that is adopted by the person with the
disability.
   (C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.