BILL NUMBER: AB 1243 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2007
AMENDED IN ASSEMBLY MAY 24, 2007
AMENDED IN ASSEMBLY MAY 17, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Karnette
(Coauthors: Assembly Members Adams and Wolk)
FEBRUARY 23, 2007
An act to amend Section 35763 of the Education Code,
to amend Sections 300, 335.5, 353.5, 2150, 2166, 2166.5, 2166.7,
2191, 2300, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3007.5,
3007.7, 3008, 3009, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018,
3019, 3020, 3021, 3022, 3024, 3100, 3101, 3102, 3103, 3103.5, 3104,
3108, 3109, 3110, 3111, 3200, 3201, 3202, 3203, 3204, 3205, 3206,
3302, 3303, 3304, 3305, 3307, 3308, 3310, 3311, 3405, 3502, 10261,
10530, 10531, 10704, 10734, 12309.5, 13204, 13216, 13266, 13267,
13315, 13316, 13317, 14102, 14245, 14282, 14284, 14310, 15100, 15101,
15102, 15103, 15104, 15105, 15106, 15109, 15110, 15111, 15112,
15150, 15211, 15212, 15278, 15302, 15320, 15321, 15360, 15601, 17301,
17302, 17303, 17304, 17504, 17505, 18371, 18402, 18403, 18576,
18577, 18578, 19229.5, and 21000 of, to amend the heading of Article
2 (commencing with Section 15320) of Chapter 4 of Division 15 of, to
amend the heading of Chapter 1 (commencing with Section 3000) of
Division 3 of, to amend the heading of Chapter 3 (commencing with
Section 3200) of Division 3 of, to amend the heading of Chapter 2
(commencing with Section 15100) of Division 15 of, and
to amend the heading of Division 3 (commencing with Section
3000) of, the Elections Code, to amend Section 8211 of the
Government Code, and to amend Section 2288 of the Revenue and
Taxation Code, relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1243, as amended, Karnette. Vote by mail voters.
(1) Existing law permits any voter to apply for permanent absent
voter status if the voter completes an application containing the
required information in accordance with specified statutory
provisions and establishes provisions applicable to absent voters and
permanent absent voters.
This bill would revise these provisions to rename "an absent voter"
and a "permanent absent voter" as a vote by mail voter. The bill
would also require affidavits of registration to contain a space to
permit the affiant to apply for "vote by mail status" and would make
other technical, nonsubstantive conforming changes to these
provisions.
By increasing the duties of local elections officials, the bill
would impose a state-mandated local program.
(2) Existing law provides that absentee ballots may be submitted
to satellite offices, the locations, hours, and telephone numbers of
which must be announced by general news release no less than 14 days
before voting at that location.
This bill would provide that in cases of disaster or emergency,
only 48 hours' notice of the satellite office information is
required.
(2)
(3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35763 of the
Education Code is amended to read:
35763. Upon the completion of the canvass of the election returns
and the absentee vote by mail ballots,
the county superintendent of schools shall tabulate such
the returns and the absentee
vote by mail ballots, and notify the Superintendent of
Public Instruction, the board of supervisors and the governing board
of each affected school district of the number of votes cast for, and
the number of votes cast against, the reorganization of school
districts in each school district and also the total number of votes
cast for, and the total number of votes cast against, the
reorganization of school districts.
SECTION 1. SEC. 1.5. Section 300 of
the Elections Code is amended to read:
300. (a) "Vote by Mail mail voter"
means any voter casting a ballot in any way other than at the polling
place.
(b) "Special absentee voter" means an elector who is any of the
following:
(1) A member of the Armed Forces of the United States or any
auxiliary branch thereof.
(2) A citizen of the United States temporarily living outside of
the territorial limits of the United States or the District of
Columbia.
(3) Serving on a merchant vessel documented under the laws of the
United States.
(4) A spouse or dependent of a member of the Armed Forces or any
auxiliary branch thereof.
SEC. 2. Section 335.5 of the Elections Code is amended to read:
335.5. The "official canvass" is the public process of processing
and tallying all ballots received in an election, including, but not
limited to, provisional ballots and vote by mail ballots not
included in the semifinal official canvass. The official canvass also
includes the process of reconciling ballots, attempting to prohibit
duplicate voting by vote by mail and provisional voters, and
performance of the manual tally of 1 percent of all precincts.
SEC. 3. Section 353.5 of the Elections Code is amended to read:
353.5. The "semifinal official canvass" is the public process of
collecting, processing, and tallying ballots and, for state or
statewide elections, reporting results to the Secretary of State on
election night. The semifinal official canvass may include some or
all of the vote by mail and provisional vote totals.
SEC. 4. Section 2150 of the Elections Code is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party affiliation.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
intending to affiliate with another party. If the affiant has been so
registered, he or she shall give an additional statement giving that
address, name, or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
(d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
SEC. 5. Section 2166 of the Elections Code is amended to read:
2166. (a) Any person filing with the county elections official a
new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon order
of a superior court issued upon a showing of good cause that a
life-threatening circumstance exists to the voter or a member of the
voter's household, and naming the county elections official as a
party.
(b) Any person granted confidentiality under subdivision (a)
shall:
(1) Be considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise by the court or in writing by the voter. A voter requesting
termination of vote by mail status thereby consents to placement of
his or her residence address, telephone number, and e-mail address in
the roster of voters.
(2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
the disclosure of the information which is the subject of this
section unless by a showing of gross negligence or willfulness.
SEC. 6. Section 2166.5 of the Elections Code is amended to read:
2166.5. (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence and
Stalking program pursuant to Chapter 3.1 (commencing with Section
6205) of Division 7 of Title 1 of the Government Code or a
participant in the Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and Patients program
pursuant to Chapter 3.2 (commencing with Section 6215) of that
division.
(b) Any person granted confidentiality under subdivision (a)
shall:
(1) Be considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise by the Secretary of State or in writing by the voter. A
voter requesting termination of vote by mail status thereby consents
to placement of his or her residence address, telephone number, and
e-mail address in the roster of voters.
(2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
the disclosure of the information that is the subject of this
section unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
(e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 7. Section 2166.7 of the Elections Code is amended to read:
2166.7. (a) If authorized by his or her county board of
supervisors, a county elections official shall, upon application of a
public safety officer, make confidential that officer's residence
address, telephone number, and e-mail address appearing on the
affidavit of registration, in accordance with the terms and
conditions of this section.
(b) The application by the public safety officer shall contain a
statement, signed under penalty of perjury, that the person is a
public safety officer as defined in subdivision (f) and that a
life-threatening circumstance exists to the officer or a member of
the officer's family. The application shall be a public record.
(c) The confidentiality granted pursuant to subdivision (a) shall
terminate no more than two years after commencement, as determined by
the county elections official. The officer may submit a new
application for confidentiality pursuant to subdivision (a), and the
new request may be granted for an additional period of not more than
two years.
(d) Any person granted confidentiality under subdivision (a)
shall:
(1) Be considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise by the Secretary of State or in writing by the voter. A
voter requesting termination of vote by mail status thereby consents
to placement of his or her residence address, telephone number, and
e-mail address in the roster of voters.
(2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
(e) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
the disclosure of the information that is the subject of this
section unless by a showing of gross negligence or willfulness.
(f) "A public safety officer" has the same meaning as defined in
subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the
Government Code.
SEC. 8. Section 2191 of the Elections Code is amended to read:
2191. The elections official shall compile an index, list, or
file, by precinct, of all persons who voted in the previous statewide
general election. This information shall be compiled in conjunction
with the purge of voter registration files conducted pursuant to
Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that
information which is required to appear in the index as set forth in
Section 2180.
Any person, candidate, or committee who is entitled to obtain a
copy of any information contained in this article shall, upon written
request to the elections official, be entitled to obtain the index,
list, or file compiled pursuant to this section. The elections
official shall inform any recipient of this information as to whether
the index, list, or file includes a voting history of vote by mail
voters. The elections official may require the payment of a fee not
to exceed the cost of duplicating the information or providing the
tape as a condition to furnishing the information contained in this
section.
If the elections official uses data-processing equipment, he or
she shall make the index available on a data-processing tape file on
request. The elections official shall be required to retain this file
until the next November general election in an even-numbered year
has been conducted.
SEC. 9. Section 2300 of the Elections Code is amended to read:
2300. (a) All voters, pursuant to the California Constitution and
this code, shall be citizens of the United States. There shall be a
Voter Bill of Rights for voters, available to the public, which shall
read:
(1) (A) You have the right to cast a ballot if you are a valid
registered voter.
(B) A valid registered voter means a United States citizen who is
a resident in this state, who is at least 18 years of age and not in
prison or on parole for conviction of a felony, and who is registered
to vote at his or her current residence address.
(2) You have the right to cast a provisional ballot if your name
is not listed on the voting rolls.
(3) You have the right to cast a ballot if you are present and in
line at the polling place prior to the close of the polls.
(4) You have the right to cast a secret ballot free from
intimidation.
(5) (A) You have the right to receive a new ballot if, prior to
casting your ballot, you believe you made a mistake.
(B) If at any time before you finally cast your ballot, you feel
you have made a mistake, you have the right to exchange the spoiled
ballot for a new ballot. Vote by mail voters may also request and
receive a new ballot if they return their spoiled ballot to an
elections official prior to the closing of the polls on election day.
(6) You have the right to receive assistance in casting your
ballot, if you are unable to vote without assistance.
(7) You have the right to return a completed vote by mail ballot
to any precinct in the county.
(8) You have the right to election materials in another language,
if there are sufficient residents in your precinct to warrant
production.
(9) (A) You have the right to ask questions about election
procedures and observe the elections election
process.
(B) You have the right to ask questions of the precinct board and
election elections officials regarding
election procedures and to receive an answer or be directed to the
appropriate official for an answer. However, if persistent
questioning disrupts the execution of their duties, the board or
election officials may discontinue responding to questions.
(10) You have the right to report any illegal or fraudulent
activity to a local elections official or to the Secretary of State's
office.
(b) Beneath the Voter Bill of Rights there shall be listed a
toll-free telephone number to call if a person has been denied a
voting right or to report election fraud or misconduct.
(c) The Secretary of State may develop regulations to implement
and clarify the Voter Bill of Rights set forth in subdivision (a).
(d) The Voter Bill of Rights set forth in subdivisions (a) and (b)
shall be made available to the public before each election and on
election day, at a minimum, as follows:
(1) The Voter Bill of Rights shall be printed in the statewide
voter pamphlet, pursuant to Section 9084, in a minimum of 12-point
type. Subparagraph (B) of paragraph (1) of subdivision (a),
subparagraph (B) of paragraph (5) of subdivision (a), and
subparagraph (B) of paragraph (9) of subdivision (a) may be printed
in a smaller point type than the rest of the Voter Bill of Rights.
(2) Posters or other printed materials containing the Voter Bill
of Rights shall be included in precinct supplies pursuant to Section
14105.
SEC. 10. The heading of Division 3 (commencing with Section 3000)
of the Elections Code is amended to read:
DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN
VOTING
SEC. 11. The heading of Chapter 1 (commencing with Section 3000)
of Division 3 of the Elections Code is amended to read:
CHAPTER 1. VOTE BY MAIL APPLICATION AND VOTING PROCEDURES
SEC. 12. Section 3000 of the Elections Code is amended to read:
3000. This division shall be liberally construed in favor of the
vote by mail voter.
SEC. 13. 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 a vote by mail
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. 14. Section 3002 of the Elections Code is amended to read:
3002. (a) Notwithstanding Section 3001, a person granted
confidentiality pursuant to Section 2166 shall be considered a vote
by mail voter.
(b) The provisions of Chapter 3 (commencing with Section 3200)
relating to permanent vote by mail voters shall apply so far as they
may be consistent with this section and Section 2166.
(c) All persons granted confidentiality pursuant to Section 2166
shall (1) be required to vote by mail ballot, and (2) in addition to
the required residence address, provide a valid mailing address to
the county elections official to be used in place of the residence
address.
SEC. 15. Section 3003 of the Elections Code is amended to read:
3003. The vote by mail ballot shall be available to any
registered voter.
SEC. 16. Section 3004 of the Elections Code is amended to read:
3004. The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports or where military enlistments are received to inform
potential special absentee voters of their right to a vote by mail
voter's ballot and where registration materials and application forms
can be obtained.
SEC. 17. Section 3005 of the Elections Code is amended to read:
3005. Whenever, on the 88th day before the election, there are
250 or less persons registered to vote in any precinct, the elections
official may furnish each voter with a vote by mail ballot along
with a statement that there will be no polling place for the
election. The elections official shall also notify each voter of the
location of the two nearest polling places in the event the voter
chooses to return the ballot on election day. The voter shall not be
required to file an application for the vote by mail ballot and the
ballot shall be sent as soon as the ballots are available.
No precinct shall be divided in order to conform to this section.
SEC. 18. Section 3006 of the Elections Code is amended to read:
3006. (a) Any printed application that is to be distributed to
voters for requesting vote by mail ballots shall contain spaces for
the following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(5) The date the application must be received by the elections
official.
(b) (1) The information required by paragraphs (1), (4), and (5)
of subdivision (a) may be preprinted on the application. The
information required by paragraphs (2) and (3) of subdivision (a)
shall be personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
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 a
vote by mail ballot be mailed to the candidate's residence address.
(3) Any application that contains preprinted information shall
contain a conspicuously printed statement, as follows: "You have the
legal right to mail or deliver this application directly to the local
elections official of the county where you reside."
(c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail 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 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 a vote by mail ballot for the
_________ Party." The name of the political party shall be personally
affixed by the voter.
(d) The application shall provide the voters with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
SEC. 19. Section 3007 of the Elections Code is amended to read:
3007. The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform application format for a
vote by mail voter's ballot that conforms to this chapter. This
format shall be followed by all individuals, organizations, and
groups who distribute applications for a vote by mail voter's ballot.
The uniform format need not be utilized by elections officials in
preparing a vote by mail voter's ballot application to be included
with the sample ballot.
SEC. 20. Section 3007.5 of the Elections Code is amended to read:
3007.5. (a) The Secretary of State shall prepare and distribute
to appropriate elections officials a uniform electronic application
format for a vote by mail 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 a vote by mail 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 a vote by mail 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 a vote by mail ballot. An
application for a vote by mail 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. 21. Section 3007.7 of the Elections Code is amended to read:
3007.7. (a) The local elections official may offer a voter the
ability to electronically apply for a vote by mail 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 Web 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 a vote by mail voter's
ballot to enter the required information and submit the single form
directly to the elections official's
secure Internet Web site. The local
elections official shall make every effort to ensure the security of
the submitted information.
(b) Upon receiving an electronic vote by mail 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 a vote by mail voter's ballot, the elections
official shall deliver the appropriate vote by mail voter's ballot by
mail or in person.
(c) If the elections official determines that an electronic vote
by mail 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 a vote by mail 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 a vote by mail 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 vote by mail voter
application, submission, applications, submissions,
deadlines, and canvassing shall apply to electronic vote by
mail ballot applications and applicants.
SEC. 22. Section 3008 of the Elections Code is amended to read:
3008. (a) Any individual, organization, or group that distributes
applications for vote by mail voter ballots and receives completed
application forms shall return the forms to the appropriate elections
official within 72 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 a vote by mail voter's ballot that is sent
by an individual, group, or organization to a voter shall be
nonforwardable. Any vote by mail 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 a vote by mail ballot application
electronically for another registered voter.
SEC. 23. Section 3009 of the Elections Code is amended to read:
3009. (a) Upon receipt of any vote by mail 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 vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail 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 vote
by mail 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 vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail 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 vote by mail
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 a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail 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
vote by mail 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.
SEC. 24. Section 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) 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.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) 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.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
SEC. 25. Section 3012 of the Elections Code is amended to read:
3012. Whenever the elections official is required to mail a vote
by mail voter's ballot to any elector and the address to which the
ballot is to be mailed is a point outside the territorial limits of
the United States, the elections official shall mail the vote by mail
voter's ballot to the elector by airmail and, if under any law of
the United States official election ballots may be mailed without the
payment of postage, the elections official shall so mail them.
SEC. 26. Section 3013 of the Elections Code is amended to read:
3013. Upon delivering or mailing a vote by mail voter's ballot,
the elections official shall enter on the application of the vote by
mail voter, or on the affidavit of registration, the type of ballot
and the date of delivering or mailing. Before the election the
elections official shall send to the inspector of each precinct in
his or her county or city a list of the voters in that precinct
applying for and receiving ballots under the provisions of this
chapter.
SEC. 27. Section 3014 of the Elections Code is amended to read:
3014. The elections official shall send a second vote by mail
voter ballot to any voter upon receipt of a statement under penalty
of perjury that the voter has failed to receive, lost, or destroyed
his or her original ballot.
The elections official shall keep a record of each vote by mail
voter ballot sent to and received from a voter and shall verify,
prior to counting any duplicate ballot, that the voter has not
attempted to vote twice. If it is determined that a voter has
attempted to vote twice, both ballots shall be void.
SEC. 28. Section 3015 of the Elections Code is amended to read:
3015. Vote by mail voters who return to their home precincts on
election day may vote only if they surrender their vote by mail voter
ballots to the inspector of the precinct board.
The precinct board shall return the unused vote by mail
voter's voters' ballots to the elections
official in an envelope designated for this purpose.
SEC. 29. Section 3016 of the Elections Code is amended to read:
3016. Any vote by mail voter who is unable to surrender his or
her vote by mail voter's ballot within the meaning of Section 3015
shall be issued a provisional ballot in accordance with Section
14310.
SEC. 30. Section 3017 of the Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (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,
a vote by mail 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 vote by mail 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 ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) 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.
(e) Notwithstanding subdivision (a), no vote by mail 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.
SEC. 31. Section 3018 of the Elections Code is amended to read:
3018. (a) Any voter using a vote by mail ballot may, prior to the
close of the polls on election day, vote the ballot at the office of
the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting
booth, at the discretion of the elections official, but in no case
may his or her vote be observed. Where voting machines are used the
elections official may provide one voting machine for each ballot
type used within the jurisdiction. Elections officials may provide
electronic voting devices for this purpose provided that sufficient
devices are provided to include all ballot types in the election.
(b) For purposes of this section, the office of an elections
official may include satellite locations. Notice of the satellite
locations shall be made by the elections official by the issuance of
a general news release, issued not later than 14 days prior to voting
at the satellite location , except that in a county with a
declared emergency or disaster, notice shall be made not later than
48 hours prior to voting at the satellite location . The news
release shall set forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will
be open.
(3) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic voting
devices, the vote by mail ballot may be cast on an electronic voting
device.
SEC. 32. Section 3019 of the Elections Code is amended to read:
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as that on the 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
voters' signatures, provided that the method of
preparing and displaying the facsimiles complies with the
law.
SEC. 33. Section 3020 of the Elections Code is amended to read:
3020. All vote by mail ballots cast under this division shall be
received by the elections official from whom they were obtained or by
the precinct board no later than the close of the polls on election
day.
SEC. 34. Section 3021 of the Elections Code is amended to read:
3021. After the close of the period for requesting vote by mail
voter ballots by mail any voter unable to go to the polls because of
illness or disability resulting in his or her confinement in a
hospital, sanatorium, nursing home, or place of residence, or any
voter unable because of a physical handicap to go to his or her
polling place or because of that handicap is unable to vote at his or
her polling place due to existing architectural barriers at his or
her polling place denying him or her physical access to the polling
place, voting booth, or voting apparatus or machinery, or any voter
unable to go to his or her polling place because of conditions
resulting in his or her absence from the precinct on election day may
request in a written statement, signed under penalty of perjury that
a ballot be delivered to him or her. This written statement shall
not be required if the vote by mail ballot is voted in the office of
the elections official as defined by subdivision (b) of Section 3018,
at the time of the request. This ballot shall be delivered by the
elections official to any authorized representative of the voter who
presents this written statement to the elections official.
Before delivering the ballot the elections official may compare
the signature on the request with the signature on the voter's
affidavit of registration, but in any event, the signature shall be
compared before the vote by mail ballot is canvassed.
The voter shall mark the ballot, place it in the identification
envelope, fill out and sign the envelope and return the ballot,
personally or through the authorized representative, to either the
elections official or any polling place within the jurisdiction.
These ballots shall be processed and counted in the same manner as
other vote by mail ballots.
SEC. 35. Section 3022 of the Elections Code is amended to read:
3022. The elections official shall include with the sample ballot
an application for a vote by mail ballot.
SEC. 36. Section 3024 of the Elections Code is amended to read:
3024. The cost to administer vote by mail ballots where issues
and elective offices related to school districts, as defined by
Section 17519 of the Government Code, are included on a ballot
election with noneducation issues and elective offices shall not be
fully or partially prorated to a school district. The Commission on
State Mandates shall delete school districts, county boards of
education, and community college districts from the list of eligible
claimants in the Parameters and Guidelines for the Absentee Ballot
Mandates.
SEC. 37. Section 3100 of the Elections Code is amended to read:
3100. When a voter who qualifies as a special absentee voter
pursuant to subdivision (b) of Section 300 applies for a vote by mail
ballot, the application shall be deemed to be an affidavit of
registration and an application for permanent vote by mail status,
pursuant to Chapter 3 (commencing with Section 3200). The application
must be completed by the voter and must contain the voter's name,
residence address for voting purposes, the address to which the
ballot is to be sent, the voter's political party for a primary
election, and the voter's signature.
If the applicant is not a resident of the county to which he or
she has applied, the elections official receiving the application
shall forward it immediately to the proper county.
SEC. 38. Section 3101 of the Elections Code is amended to read:
3101. Upon timely receipt of the application for a vote by mail
ballot, the elections official shall examine the application to
ascertain that it is properly executed in accordance with this code.
If the elections official is satisfied of this fact, the applicant
shall be deemed a duly registered voter as of the date appearing on
the application to the same extent and with the same effect as though
he or she had registered in proper time prior to the election.
SEC. 39. Section 3102 of the Elections Code, as amended by Section
1 of Chapter 821 of the Statutes of 2004, is amended to read:
3102. (a) Applications for the ballots of special absentee voters
shall be received and, except as provided in Section 3103.5, the
ballots shall be received and canvassed, at the same time and under
the same procedure as voter vote by
mail ballots, insofar as that procedure is not inconsistent with this
chapter.
(b) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 40. Section 3102 of the Elections Code, as added by Section 2
of Chapter 821 of the Statutes of 2004, is amended to read:
3102. (a) Applications for the ballots of special absentee voters
shall be received, and the ballots shall be received and canvassed
at the same time and under the same procedure as vote by mail
ballots, insofar as that procedure is not inconsistent with this
chapter.
(b) This section shall become operative January 1, 2009.
SEC. 41. Section 3103 of the Elections Code, as amended by Section
3 of Chapter 821 of the Statutes of 2004, is amended to read:
3103. (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
(b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote. The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
(c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name has been written on the ballot
has, as of the date of the election, qualified to have his or her
name placed on the ballot for the office, or has qualified as a
write-in candidate for the office.
(d) Except as provided in Section 3103.5, the elections official
shall receive and canvass special absentee voter ballots described in
this section under the same procedure as vote by mail ballots,
insofar as that procedure is not inconsistent with this section.
(e) In the event that a voter executes a special absentee ballot
pursuant to this section and an application for a vote by mail ballot
pursuant to Section 3101, the elections official shall cancel the
voter's permanent vote by mail status, and process the application in
accordance with Chapter 1 (commencing with Section 3000).
(f) Notwithstanding any other provision of law, a special absentee
voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for a special absentee
ballot or a vote by mail ballot. Upon request, the elections official
may send to the qualified special absentee voter either by mail,
facsimile, or electronic transmission the special absentee ballot or,
if available, a vote by mail ballot pursuant to Chapter 1
(commencing with Section 3000).
(g) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 42. Section 3103 of the Elections Code, as added by Section 4
of Chapter 821 of the Statutes of 2004, is amended to read:
3103. (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
(b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote. The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
(c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name has been written on the ballot
has, as of the date of the election, qualified to have his or her
name placed on the ballot for the office, or has qualified as a
write-in candidate for the office.
(d) The elections official shall receive and canvass special
absentee voter ballots described in this section under the same
procedure as vote by mail ballots, insofar as that procedure is not
inconsistent with this section.
(e) In the event that a voter executes a special absentee ballot
pursuant to this section and an application for a vote by mail ballot
pursuant to Section 3101, the elections official shall reject the
voted ballot previously cast, cancel the voter's permanent vote by
mail status, and process the application in accordance with Chapter 1
(commencing with Section 3000).
(f) Notwithstanding any other provision of law, a special absentee
voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for a special absentee
ballot or a vote by mail ballot. Upon request, the elections official
may send to the qualified special absentee voter either by mail,
facsimile, or electronic transmission the special absentee ballot or,
if available, a vote by mail ballot pursuant to Chapter 1
(commencing with Section 3000).
(g) This section shall become operative January 1, 2009.
SEC. 43. Section 3103.5 of the Elections Code is amended to read:
3103.5. (a) (1) A special absentee voter who is temporarily
living outside of the territorial limits of the United States or the
District of Columbia may return his or her ballot by facsimile
transmission. To be counted, the ballot returned by facsimile
transmission must be received by the voter's elections official no
later than the closing of the polls on election day and must be
accompanied by an identification envelope containing all of the
information required by Section 3011 and an oath of voter declaration
in substantially the following form:
OATH OF VOTER
I, ______, acknowledge that by returning my voted
ballot by facsimile transmission I have waived
my right to have my ballot kept secret.
Nevertheless, I understand that, as with any
vote by mail voter, my signature, whether on
this oath of voter form or my identification
envelope, will be permanently separated from my
voted ballot to maintain its secrecy at the
outset of the tabulation process and thereafter.
My residence address is_________________________.
(Street Address) (City) (ZIP
Code)
My current mailing address is __________________.
(Street Address) (City) (ZIP Code)
My e-mail address is _________________. My
facsimile transmission
number is _________________.
I am a resident of __________ County, State of
California, and I have not
applied, nor intend to apply, for a vote by mail
ballot from any other jurisdiction for the same
election.
I declare under penalty of perjury under the
laws of the State of California that the
foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Sign atur e d ) __
______________________________________
voter (power of attorney cannot be
accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN
THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT
AND IDENTIFICATION ENVELOPE, ALL OF WHICH ARE
RETURNED BY FACSIMILE TRANSMISSION.
(2) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of ballots returned by facsimile transmission.
(3) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration. The ballot shall
be duplicated and all materials preserved according to procedures set
forth in this code.
(4) Notwithstanding paragraph (1), a special absentee voter who is
permitted to return his or her ballot by facsimile transmission is,
nonetheless, encouraged to return his or her ballot by mail or in
person if possible. A special absentee voter should return a ballot
by facsimile transmission only if doing so is necessary for the
ballot to be received before the close of polls on election day.
(b) The Secretary of State shall make a recommendation to the
Legislature, no later than December 31, 2008, on the benefits and
problems, if any, derived from permitting qualified special absentee
voters to return their ballots by facsimile transmission, and shall
include in the recommendation the number of ballots returned by
facsimile transmission pursuant to this section.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 44. Section 3104 of the Elections Code is amended to read:
3104. Any vote by mail ballot application by a qualified special
absentee voter shall also be deemed an affidavit of voter
registration and an application for permanent vote by mail status.
SEC. 45. Section 3108 of the Elections Code is amended to read:
3108. If any special absentee voter to whom a vote by mail ballot
has been mailed and which ballot has not been voted by him or her
returns to the county in which he or she is registered on or before
election day, he or she may apply for a second vote by mail ballot
pursuant to Section 3014. The elections official shall require him or
her to sign an authorization to cancel the vote by mail ballot
previously issued when it is returned to the county elections
official. The elections official shall then issue another vote by
mail ballot to the voter, or the elections official shall certify to
the precinct board that the voter is eligible to vote in the precinct
polling place of his or her residence.
SEC. 46. Section 3109 of the Elections Code is amended to read:
3109. If any special absentee voter returns to the county of his
or her residence after the final day for making application for a
vote by mail ballot, he or she may appear before the elections
official and make application for registration, vote by mail ballot,
or both. The elections official shall register the voter, if he or
she is not registered, and deliver to him or her a vote by mail
ballot which may be voted in the elections official's office or voted
outside the elections official's office on or before the close of
the polls on the day of election and returned as are other vote by
mail ballots.
SEC. 47. Section 3110 of the Elections Code is amended to read:
3110. If a special absentee voter is unable to appear at his or
her polling place because of being recalled to service after the
final day for making application for a vote by mail ballot, but
before 5 p.m. on the day before the day of election, he or she may
appear before the elections official and make application for a vote
by mail ballot. The elections official shall deliver to him or her a
vote by mail ballot which may be voted in the elections official's
office or voted outside the elections official's office on or before
the close of the polls on the day of election and returned as are
other vote by mail ballots.
SEC. 48. Section 3111 of the Elections Code is amended to read:
3111. Whenever by any statute of the United States, provision is
made for vote by mail, an application for a vote by mail ballot made
under that law may be given the same effect as an application for a
vote by mail ballot made under this code.
If, by any federal statute, provision is made for the transmission
of applications for vote by mail status to the Secretary
of State, he or she shall transmit the applications to the county
elections official of the county in which the applicant claims
residence.
SEC. 49. The heading of Chapter 3 (commencing with Section 3200)
of Division 3 of the Elections Code is amended to read:
CHAPTER 3. PERMANENT VOTE BY MAIL APPLICATION AND PROCEDURES
SEC. 50. Section 3200 of the Elections Code is amended to read:
3200. A voter who qualifies under this chapter shall be entitled
to become a permanent vote by mail voter.
SEC. 51. Section 3201 of the Elections Code is amended to read:
3201. Any voter may apply for permanent vote by mail status.
Application for permanent vote by mail status shall be made in
accordance with Section 3001, 3100, or 3304. The voter shall complete
an application, which shall be available from the county elections
official, and which shall contain all of the following:
(a) The applicant's name at length.
(b) The applicant's residence address.
(c) The address where the ballot is to be mailed, if
different from the place of residence.
(d) The signature of the applicant.
SEC. 52. Section 3202 of the Elections Code is amended to read:
3202. In lieu of executing the application set forth in Section
3201, any voter may execute a request for permanent vote by mail
status by making a written request to the county elections official
requesting the status. If a written request is received by the county
elections official and it contains the information set forth in
Section 3201, the elections official shall process that application
in the manner provided in Section 3203.
SEC. 53. Section 3203 of the Elections Code is amended to read:
3203. (a) Upon receipt of an application for permanent vote by
mail status, the county elections official shall process the
application in the same manner as an application for a vote by mail
ballot, or, in the case of an application made pursuant to Section
3100 or 3304, in the same manner as an application for a special
absent voter ballot or overseas ballot.
(b) In addition to processing applications in accordance with
Chapter 1 (commencing with Section 3000), if it is determined that
the applicant is a registered voter, the county elections official
shall do the following:
(1) Place the voter's name upon a list of those to whom a vote by
mail ballot is sent each time there is an election within
their precinct.
(2) Include in all vote by mail mailings to the voter an
explanation of the vote by mail procedure and an explanation of
Section 3206.
(3) Maintain a copy of the vote by mail ballot list on file open
to the public inspection for election and
governmental purposes.
SEC. 54. Section 3204 of the Elections Code is amended to read:
3204. The county elections official shall send a copy of the list
of all voters who qualify as permanent vote by mail voters to each
city elections official or district elections official charged with
the duty of conducting an election within the county. The list shall
be sent by the sixth day before an election.
SEC. 55. Section 3205 of the Elections Code is amended to read:
3205. (a) Vote by mail ballots mailed to, and received from,
voters on the permanent vote by mail voter list are subject to the
same deadlines and shall be processed and counted in the same manner
as all other vote by mail ballots.
(b) Prior to each primary election, county elections officials
shall mail to every voter not affiliated with a political party whose
name appears on the permanent vote by mail voter list a notice and
application regarding voting in the primary election. The notice
shall inform the voter that he or she may request a vote by mail
ballot for a particular political party for the primary election, if
that political party adopted a party rule, duly noticed to the
Secretary of State, authorizing these voters to vote in their
primary. The notice shall also 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 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 a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
SEC. 56. Section 3206 of the Elections Code is amended to read:
3206. A voter whose name appears on the permanent vote by mail
voter list shall remain on the list and shall be mailed a vote by
mail ballot for each election conducted within his or her precinct in
which he or she is eligible to vote. If the voter fails to return an
executed vote by mail ballot in two consecutive statewide general
elections in accordance with Section 3017 the voter's name shall be
deleted from the list.
SEC. 57. Section 3302 of the Elections Code is amended to read:
3302. Each citizen residing outside the United States shall have
the right to register vote by mail for, and to
vote by, a vote by mail ballot in any federal election in the state,
or in any precinct of the state in which he or she was last domiciled
immediately prior to his or her departure from the United States and
in which he or she would have met all qualifications to vote in
federal elections under the laws of this state, even though while
residing outside the United States he or she does not have a place of
abode or other address in this state or in a precinct of this state,
and his or her intent to return to this state or to a precinct in
this state may be uncertain, if the person meets the following
requirements:
(a) He or she has complied with all applicable requirements that
are consistent with this chapter concerning vote by mail registration
for, and voting by, a vote by mail ballot.
(b) He or she does not maintain a domicile, is not registered to
vote, and is not voting in any other state or precinct of a state or
territory or in any territory or possession of the United States.
(c) He or she has a valid passport or card of identity and
registration issued under the authority of the Secretary of State of
the United States.
SEC. 58. Section 3303 of the Elections Code is amended to read:
3303. Any person described in Section 3302 who desires to
register and vote under this chapter shall apply in writing to the
elections official of the county in which the person was last
domiciled prior to departure from the United States. When an overseas
voter as described in Section 3302 applies for a vote by mail
ballot, the application shall be deemed an affidavit of registration
and an application for permanent vote by mail status, pursuant to
Chapter 3 (commencing with Section 3200).
SEC. 59. Section 3304 of the Elections Code is amended to read:
3304. (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
(b) The elections official shall send with the ballot a list of
all candidates who have qualified for the ballot by the 60th day
before the election and for whom the voter is qualified to vote. The
voter shall be entitled to write in the name of any specific
candidate seeking the nomination or election to any office listed on
the ballot.
(c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name is written on the ballot has, as
of the date of the election, qualified to have his or her name placed
on the ballot for the office, or has qualified as a write-in
candidate for the office.
(d) The elections official shall receive and canvass the vote by
mail ballots described in this section under the same procedure as
other vote by mail ballots, insofar as that procedure is not
inconsistent with this section.
SEC. 60. Section 3305 of the Elections Code is amended to read:
3305. Upon receipt of an application for registration and a vote
by mail ballot by a person who meets the requirements of Section 3302
, the county elections official shall determine the
following:
(a) That the last domicile of the applicant in the United States
was in the county to which the person has applied. If the last
domicile of the applicant in the United States was in another county,
the elections official shall forward the application to that county.
(b) That the applicant is not currently registered. If the
applicant is registered as a resident of the county, the elections
official shall cancel the affidavit of registration.
SEC. 61. Section 3307 of the Elections Code is amended to read:
3307. (a) As soon as possible after the 60th day before the
federal election, the county elections official shall mail or deliver
a ballot to each person who has requested registration as an
overseas voter since the last regularly scheduled federal election.
(b) The overseas voter shall be informed of the following:
(1) That the affidavit must be correctly completed and returned
with the ballot in order for the vote to be tallied.
(2) That the voter's registration is valid, that the voter has
permanent vote by mail status, and that the ballots for future
elections will be sent to the voter at the mailing address provided
by the voter.
(3) The provisions of Section 3206.
(c) Vote by mail voter ballots mailed or delivered pursuant to
this section shall be modified pursuant to regulations adopted by the
Secretary of State so as to show only those offices for which the
overseas resident is entitled to vote.
SEC. 62. Section 3308 of the Elections Code is amended to read:
3308. Upon timely receipt of the application for a
vote by mail ballot, the county elections official shall examine the
application to ascertain that it is properly executed in accordance
with this code. If the county elections official is satisfied of this
fact, the applicant shall be deemed a duly registered voter as of
the date appearing on the application to the same extent and with the
same effect as though he or she had registered in proper time prior
to the election.
SEC. 63. Section 3310 of the Elections Code is amended to read:
3310. Applications for the ballots of overseas voters shall be
received and their ballots shall be received and canvassed at the
same time and under the same procedure as vote by mail voter ballots,
insofar as that procedure is not inconsistent with this chapter.
SEC. 64. Section 3311 of the Elections Code is amended to read:
3311. All vote by mail ballots cast pursuant to this chapter
shall be received by the county elections official not later than 8
p.m. on the day of a federal election.
SEC. 65. Section 3405 of the Elections Code is amended to read:
3405. The ballots of new residents shall be received and
canvassed at the same time and under the same procedure as vote by
mail voter ballots, insofar as that procedure is not inconsistent
with this chapter.
SEC. 66. Section 3502 of the Elections Code is amended to read:
3502. The ballots of new citizens shall be received and canvassed
at the same time and under the same procedure as vote by mail voter
ballots, insofar as that procedure is not inconsistent with this
chapter.
SEC. 67. Section 10261 of the Elections Code is amended to read:
10261. The city elections official, or a canvassing board
appointed by him or her, shall count the votes cast by vote by mail
voters. The city elections official or board shall commence this
count as soon as the polls close on the day of election, and the
count shall continue, for not less than six hours each day providing
ballots remain to be counted, until all vote by mail voter ballots
have been received within the time provided by law. The result of the
vote by mail vote count shall be included with the canvass of
returns from the precincts.
The canvassing board, if any, shall be appointed, and the vote by
mail vote count shall be conducted in the manner prescribed by
Chapter 1 (commencing with Section 15000) of Division 15, insofar as
that chapter is not inconsistent with this section.
SEC. 68. Section 10530 of the Elections Code is amended to read:
10530. Vote by mail voting shall be allowed and conducted as
nearly as practicable in accordance with Division 3 (commencing with
Section 3000) pertaining to general elections, except in those
districts in which voting by proxy is allowed unless a particular
district shall, by resolution pursuant to Section 4108, provide for
an all-mail ballot election.
SEC. 69. Section 10531 of the Elections Code is amended to read:
10531. Notwithstanding any other provision of law, vote by mail
voting shall be allowed in lieu of voting by proxy in any landowner
district election in which voting by proxy is allowed, provided that,
at least 110 days before the election, the governing board of the
district adopts this section. If a district adopts this section, the
voting shall be conducted as follows:
(a) The vote by mail ballot shall be available to any eligible
voter of the district.
(b) The form of application for the ballot shall be distributed to
each voter with the sample ballot and shall contain spaces for each
of the following:
(1) The printed name and address of the voter.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The authorization of a legal representative, as defined in
Section 34030 of the Water Code, to receive the vote by mail voter's
ballot if the voter so chooses.
(5) The name and date of the election for which the request is
made.
(6) The date the application shall be received by the county
elections official, which date shall be at least seven days before
the election.
(7) The insertion of the sample ballot name and address label on
the application.
(c) Upon receipt of vote by mail ballot application and
verification that it has been properly completed, the county
elections official shall mail vote by mail voter's ballot to the
voter or legal representative with an identification envelope, which
shall contain each of the following:
(1) A declaration under penalty of perjury stating that the voter
is entitled to vote in the election.
(2) Space for the signature of the voter or legal representative
and the date of signing.
(3) A notice that the envelope contains an official ballot and is
to be opened only by the appropriate election
elections officials.
(d) The voting shall be pursuant to those additional procedures,
if any, that the county elections official shall deem necessary to
the proper conduct of the election, provided that the overall
additional procedures shall substantially comply with Division 3
(commencing with Section 3000) and Chapter 1 (commencing with Section
15000) of Division 15, and shall be consistent with landowner voting
requirements.
(e) Notwithstanding Section 10525, the list of voters for
landowner voting district elections in which vote by mail voting is
allowed shall be delivered to the county elections official at least
40 days prior to the election.
(f) The sample ballot for landowner voting district elections in
which vote by mail voting is allowed shall be mailed at least 20 days
before the election.
SEC. 70. Section 10704 of the Elections Code is amended to read:
10704. (a) A special primary election shall be held in the
district in which the vacancy occurred on the eighth Tuesday or, if
the eighth Tuesday is the day of or the day following a state
holiday, the ninth Tuesday preceding the day of the special general
election at which the vacancy is to be filled. Candidates at the
primary election shall be nominated in the manner set forth in
Chapter 1 (commencing with Section 8000) of Part 1 of Division 8,
except that nomination papers shall not be circulated more than 63
days before the primary election, shall be left with the county
elections official for examination not less than 43 days before the
primary election, and shall be filed with the Secretary of State not
less than 39 days before the primary election.
(b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 25 days before the
primary election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a
statewide election. Applications received by the elections official
prior to the 25th day shall not be returned to the sender, but shall
be held by the elections official and processed by him or her
following the 25th day prior to the election in the same manner as if
received at that time.
SEC. 71. Section 10734 of the Elections Code is amended to read:
10734. (a) No special primary election shall be held. Candidates
at the special general election shall be nominated in the manner set
forth in Chapter 1 (commencing with Section 8000) of Part 1 of
Division 8, except that nomination papers shall not be circulated
more than 46 days before the special general election, shall be left
with the county elections official for examination not less than 32
days before the special general election, and shall be filed with the
Secretary of State not less than 28 days before the special general
election.
(b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 28 days before the
special general election, except that Section 3001 shall apply if the
special general election is consolidated with a statewide election.
Applications received by the elections official prior to the 28th day
shall not be returned to the sender, but shall be held by the
elections official and processed by him or her following the 28th day
prior to the election in the same manner as if received at that
time.
SEC. 72. Section 12309.5 of the Elections Code is amended to read:
12309.5. (a) No later than June 30, 2005, the Secretary of State
shall adopt uniform standards for the training of precinct board
members, based upon the recommendations of the task force appointed
pursuant to subdivision (b). The uniform standards shall, at a
minimum, address the following:
(1) The rights of voters, including, but not limited to, language
access rights for linguistic minorities, the disabled, and protected
classes as referenced and defined in the federal Voting Rights Act
(42 U.S.C. Sec. 1973 et seq.).
(2) Election challenge procedures such as challenging precinct
administrator misconduct, fraud, bribery, or discriminatory voting
procedures as referenced and defined in the federal Voting Rights Act
(42 U.S.C. Sec. 1973 et seq.).
(3) Operation of a jurisdiction's voting system, including, but
not limited to, modernized voting systems, touch-screen voting, and
proper tabulation procedures.
(4) Poll hours and procedures concerning the opening and closing
of polling locations on election day. Procedures shall be developed
that, notwithstanding long lines or delays at a polling location,
ensure that all eligible voters who arrive at the polling location
prior to closing time are allowed to cast a ballot.
(5) Relevant election laws and any other subjects that will assist
an inspector in carrying out his or her duties.
(6) Cultural competency, including, but not limited to, having
adequate knowledge of diverse cultures, including languages, that may
be encountered by a poll worker during the course of an election,
and the appropriate skills to work with the electorate.
(7) Knowledge regarding issues confronting voters who have
disabilities, including, but not limited to, access barriers and the
need for reasonable accommodations.
(8) Procedures involved with provisional, fail-safe provisional,
vote by mail, and provisional vote by mail voting.
(b) The Secretary of State shall appoint a task force of at least
12 members who have experience in the administration of elections and
other relevant backgrounds to study and recommend uniform guidelines
for the training of precinct board members. The task force shall
consist of the chief elections officer of the two largest counties,
the two smallest counties, and two county elections officers selected
by the Secretary of State, or their designees. The Secretary of
State shall appoint at least six other members who have elections
expertise, or their designees, including members of community-based
organizations that may include citizens familiar with different
ethnic, cultural, and disabled populations to ensure that the task
force is representative of the state's diverse electorate. The task
force shall make its recommendations available for public review and
comment prior to the submission of the recommendations to the
Secretary of State and the Legislature.
(c) The task force shall file its recommendations with the
Secretary of State and the Legislature no later than January 1, 2005.
SEC. 73. Section 13204 of the Elections Code is amended to read:
13204. (a) The instructions to voters shall be printed at least
three-eighths of an inch below the district designation. The
instructions shall begin with the words "INSTRUCTIONS TO VOTERS:" in
no smaller than 16-point gothic condensed capital type. Thereafter,
there shall be printed in 10-point gothic condensed capital
type all of the following directions that are applicable to the
ballot:
"To vote for a candidate for Chief Justice of California;
Associate Justice of the Supreme Court; Presiding Justice, Court of
Appeal; or Associate Justice, Court of Appeal, stamp a cross (+) in
the voting square after the word "Yes," to the right of the name of
the candidate. To vote against that candidate, stamp a cross (+) in
the voting square after the word "No," to the right of the name of
that candidate."
"To vote for any other candidate of your selection, stamp a cross
(+) in the voting square to the right of the candidate's
name. (When justices of the Supreme Court or court of appeal
Court of Appeal do not appear on the ballot,
the instructions referring to voting after the word "Yes" or the word
"No" will be deleted and the above sentence shall read: "To vote for
a candidate whose name appears on the ballot, stamp a cross (+) in
the voting square to the right of the candidate's name.") Where two
or more candidates for the same office are to be elected, stamp a
cross (+) after the names of all candidates for the office for whom
you desire to vote, not to exceed, however, the number of candidates
to be elected."
"To vote for a qualified write-in candidate, write the person's
name in the blank space provided for that purpose after the names of
the other candidates for the same office."
"To vote on any measure, stamp a cross (+) in the voting square
after the word "Yes" or after the word "No."
"All distinguishing marks or erasures are forbidden and make the
ballot void."
"If you wrongly stamp, tear, or deface this ballot, return it to
the precinct board member and obtain another."
"On vote by mail ballots mark a cross (+) with pen or pencil."
(b) The instructions to voters shall be separated by no smaller
than a two-point 2-point rule from the
portion of the ballot which contains the various offices and measures
to be voted on.
SEC. 74. Section 13216 of the Elections Code is amended to read:
13216. (a) On each ballot a horizontal non-solid-ruled line shall
extend across the top of the ballot one inch below the horizontal
perforated line. The same number appearing on the stub shall be
printed above the horizontal, non-solid-ruled line within two inches
of the left side of the ballot. Above this number shall be printed in
parentheses in small type as follows: "(This number shall be torn
off by a precinct board member and handed to the voter.)".
The words "I HAVE VOTED--HAVE YOU?" may also be printed immediately
above or below the number.
(b) (1) One-half inch to the right of the ballot number there
shall be a short vertical perforated rule or line extending upward
from the horizontal non-solid-ruled line to the horizontal perforated
line. Immediately above this horizontal non-solid-ruled line shall
be printed in boldface lowercase type, at least 12-point in size, and
enclosed in parentheses, the following: "Fold ballot to this line
leaving top margin exposed."
(2) Above this printed direction and midway between it and the top
edge of the ballot shall be printed in boldface uppercase type, at
least 12-point in size, with the four middle words underlined or
otherwise made prominent, the following: "Mark crosses (+) on ballot
ONLY WITH RUBBER STAMP; never with pen or pencil."
(3) Below this direction and midway between it and the next line
shall be printed in boldface uppercase type, at least 12-point in
size, enclosed in parentheses and with the first four and last five
words underlined or otherwise made prominent, the following:
(VOTE "(VOTE BY MAIL BALLOTS MAY BE MARKED WITH
PEN AND INK OR PENCIL.) PENCIL.)"
SEC. 75. Section 13266 of the Elections Code is amended to read:
13266. If punchcard ballots are used for vote by mail voting, the
ballots shall be marked by pencil, or by a marking device that
enables the voter to register his or her vote by punching or slotting
the ballot card. Counting of punchcard ballots marked by pencil may
be as with paper ballots, or a true duplicate copy of each ballot may
be prepared using the same procedure as provided by Section 15271.
Vote by mail voter ballots so prepared shall be counted by the
counting device.
SEC. 76. Section 13267 of the Elections Code is amended to read:
13267. If an official ballot consisting of one or more individual
ballot cards upon which the names of candidates and measures are
printed is used for vote by mail voting, the two stubs specified in
Section 13261 may be eliminated from the ballot cards by printing a
group style number on each card and by printing the information
required by subparagraphs (C), (D), (E), (F), and (G) of paragraph
(2) of subdivision (b) of Section 13261 on a separate form
accompanying the official ballot. If the two stubs are not
eliminated, the language required by subparagraph (B) of paragraph
(2) of subdivision (b) of Section 13261 to be printed on the second
stub may be omitted.
SEC. 77. Section 13315 of the Elections Code is amended to read:
13315. The officer charged with the duty of providing sample
ballots for any election at which vote by mail voter ballots may be
cast shall cause to be printed on the envelope containing the sample
ballot in heavy-faced gothic type, not smaller than 12-point, the
following:
Notice: Vote By Mail Ballot Application Enclosed.
SEC. 78. Section 13316 of the Elections Code is amended to read:
13316. Notwithstanding any other provision of law to the
contrary, a county, city, city and county, or district using voting
machines may use reasonable facsimiles of the sample ballots sent
to the voters of the local jurisdiction as vote by mail
ballots.
SEC. 79. Section 13317 of the Elections Code is amended to read:
13317. Notwithstanding any other provision of law to the
contrary, a county, city, city and county, or district using vote
tabulating devices may use reasonable facsimiles of the sample
ballots sent to the voters of the local jurisdiction as
vote by mail ballots.
SEC. 80. Section 14102 of the Elections Code is amended to read:
14102. (a) (1) For each statewide election, the elections
official shall provide a sufficient number of official ballots in
each precinct to reasonably meet the needs of the voters in that
precinct on election day using the precinct's voter turnout history
as the criterion, but in no case shall this number be less than 75
percent of registered voters in the precinct, and for vote by mail
and emergency purposes shall provide the additional number of ballots
that may be necessary.
(2) The number of party ballots to be furnished to any precinct
for a primary election shall be computed from the number of voters
registered in that precinct as intending to affiliate with a party,
and the number of nonpartisan ballots to be furnished to any precinct
shall be computed from the number of voters registered in that
precinct without statement of intention to affiliate with any of the
parties participating in the primary election.
(b) For all other elections, the elections official shall provide
a sufficient number of official ballots in each precinct to
reasonably meet the needs of the voters in that precinct on election
day, using the precinct's voter turnout history as the criterion, but
in no case shall this number be less than 75 percent of the number
of registered voters in the precinct, and for vote by mail and
emergency purposes shall provide the additional number of ballots
that may be necessary.
SEC. 81. Section 14245 of the Elections Code is amended to read:
14245. If the challenge is on the ground that the person
challenged has already cast a ballot for this election, a member of
the precinct board shall tender to the person challenged this oath:
"You do swear (or affirm) that you have not previously voted in
this election, either by vote by mail ballot or at a polling place."
SEC. 82. Section 14282 of the Elections Code is amended to read:
14282. (a) When a voter declares under oath, administered by any
member of the precinct board at the time the voter appears at the
polling place to vote, that the voter is then unable to mark a
ballot, the voter shall receive the assistance of not more than two
persons selected by the voter, other than the voter's employer, an
agent of the voter's employer, or an officer or agent of the union of
which the voter is a member.
(b) No person assisting a voter shall divulge any information
regarding the marking of the ballot.
(c) In those polling places that are inaccessible under the
guidelines promulgated by the Secretary of State for accessibility by
the physically handicapped, a physically handicapped person may
appear outside the polling place and vote a regular ballot. The
person may vote the ballot in a place that is as near as possible to
the polling place and that is accessible to the physically
handicapped. A precinct board member shall take a regular ballot to
that person, qualify that person to vote, and return the voted ballot
to the polling place. In those precincts in which it is impractical
to vote a regular ballot outside the polling place, vote by mail
ballots shall be provided in sufficient numbers to accommodate
physically handicapped persons who present themselves on election
day. The vote by mail ballot shall be presented to and voted by a
physically handicapped person in the same manner as a regular ballot
may be voted by that person outside the polling place.
SEC. 83. Section 14284 of the Elections Code is amended to read:
14284. (a) All ballots, except vote by mail voter ballots, shall
be marked only with the marking device provided by law.
(b) To prevent voters from marking their ballots with a pen or
pencil, at the time of delivering a ballot to a voter, the precinct
officer shall distinctly state that the voter shall mark the ballot
with the device provided by law or the ballot will not be counted.
SEC. 84. Section 14310 of the Elections Code is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An election elections official
shall advise the voter of the voter's right to cast a provisional
ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare, the ballot shall be rejected. A variation of the signature
caused by the substitution of initials for the first or middle name,
or both, shall not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 85. The heading of Chapter 2 (commencing with Section 15100)
of Division 15 of the Elections Code is amended to read:
CHAPTER 2. VOTE BY MAIL BALLOT PROCESSING
SEC. 86. Section 15100 of the Elections Code is amended to read:
15100. The provisions of this chapter apply to the processing of
vote by mail ballots during the 29-day period before any election,
during the semifinal official canvass, and during the official
canvass.
SEC. 87. Section 15101 of the Elections Code is amended to read:
15101. (a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope and updating voter history
records.
(b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the seventh business day
prior to the election. Processing vote by mail ballots includes
opening vote by mail ballot return envelopes, removing ballots,
duplicating any damaged ballots, and preparing the ballots to be
machine read, or machine reading them, but under no circumstances may
a vote count be accessed or released until 8 p.m. on the day of the
election. All other jurisdictions shall start to process vote by mail
ballots at 5 p.m. on the day before the election.
(c) Results of any vote by mail ballot tabulation or count shall
not be released prior to the close of the polls on the day of the
election.
SEC. 88. Section 15102 of the Elections Code is amended to read:
15102. The official shall appoint a special counting board or
boards in numbers that he or she deems adequate to count the vote by
mail ballots. The official shall provide for the forms of tally books
and the distribution of the duties of the members of the canvassing
board.
When the tally is done by hand, there shall be no less than four
persons for each office or proposition to be counted. One shall read
from the ballot, the second shall keep watch for any error or
improper vote, and the other two shall keep the tally.
SEC. 89. Section 15103 of the Elections Code is amended to read:
15103. The elections official shall pay a reasonable compensation
to each member of the canvassing board of vote by mail ballots. This
compensation shall be paid out of the treasury of the agency
conducting the election as other claims against it are paid.
SEC. 90. Section 15104 of the Elections Code is amended to read:
15104. (a) The processing of vote by mail ballot return
envelopes, and the processing and counting of vote by mail ballots
shall be open to the public, both prior to and after the election.
(b) Any member of the county grand jury, and at least one member
each of the Republican county central committee, the Democratic
county central committee, and of any other party with a candidate on
the ballot, and any other interested organization, shall be permitted
to observe and challenge the manner in which the vote by mail
ballots are handled, from the processing of vote by mail ballot
return envelopes through the counting and disposition of the ballots.
(c) The elections official shall notify vote by mail voter
observers and the public at least 48 hours in advance of the dates,
times, and places where vote by mail ballots will be processed and
counted.
(d) Vote by mail voter observers shall be allowed sufficiently
close access to enable them to observe and challenge whether those
individuals handling vote by mail ballots are following established
procedures, including all of the following:
(1) Verifying signatures and addresses by comparing them to voter
registration information.
(2) Duplicating accurately any damaged or defective ballots.
(3) Securing vote by mail ballots to prevent any tampering with
them before they are counted on election day.
(e) No vote by mail voter observer shall interfere with the
orderly processing of vote by mail ballot return envelopes or
the processing and counting of vote by mail ballots, including
the touching or handling of the ballots.
SEC. 91. Section 15105 of the Elections Code is amended to read:
15105. Prior to processing and opening the identification
envelopes of vote by mail voters, the elections official shall make
available a list of vote by mail voters for public inspection, from
which challenges may be presented. Challenges may be made for the
same reasons as those made against a voter voting at a polling place.
In addition, a challenge may be entered on the grounds that the
ballot was not received within the time provided by this code or that
a person is imprisoned for a conviction of a felony. All challenges
shall be made prior to the opening of the identification envelope of
the challenged vote by mail voter.
SEC. 92. Section 15106 of the Elections Code is amended to read:
15106. Except as otherwise provided, the processing of vote by
mail ballot return envelopes, the processing and counting of vote by
mail ballots, and the disposition of challenges of vote by mail
ballots shall be according to the laws now in force pertaining to the
election for which they are cast. Because the voter is not present,
the challenger shall have the burden of establishing extraordinary
proof of the validity of the challenge at the time the challenge is
made.
SEC. 93. Section 15109 of the Elections Code is amended to read:
15109. Except as otherwise provided in this chapter, the counting
and canvassing of vote by mail ballots shall be conducted in the
same manner and under the same regulations as used for ballots cast
in a precinct polling place.
SEC. 94. Section 15110 of the Elections Code is amended to read:
15110. Reports to the Secretary of State of the findings of the
canvass of vote by mail ballots shall be made by the elections
official pursuant to Chapter 3 (commencing with Section 15150) and
Chapter 4 (commencing with Section 15300).
SEC. 95. Section 15111 of the Elections Code is amended to read:
15111. The elections official shall keep an accurate list of all
voters who have received and voted a vote by mail ballot at each
election and compare this list with the roster of voters as provided
in Section 15278. That list shall include the election precinct of
the voter.
SEC. 96. Section 15112 of the Elections Code is amended to read:
15112. When elections are consolidated pursuant to Division 10
(commencing with Section 10000), and only one form of ballot is used
at the consolidated election, the ballots cast by vote by mail voters
shall be counted only in connection with elections to which vote by
mail voter privileges have been extended by law.
Whenever the period of time within which vote by mail voters'
ballots shall be received by the elections official in order to be
counted, as provided for any election by this code or any other law
of this state, is different from that period of time provided for
another election, and the elections are consolidated and only one
form of ballot used for both elections, all vote by mail voters'
ballots issued for the consolidated election may be counted for both
elections if received by the elections official within whichever
period of time is longer.
SEC. 97. Section 15150 of the Elections Code is amended to read:
15150. For every election , the elections official
shall conduct a semifinal official canvass by tabulating vote by mail
and precinct ballots and compiling the results. The semifinal
official canvass shall commence immediately upon the close of the
polls and shall continue without adjournment until all precincts are
accounted for.
SEC. 98. Section 15211 of the Elections Code is amended to read:
15211. If paper ballots are used for vote by mail voting, the
canvass may be conducted in accordance with Chapter 1 (commencing
with Section 15000), or the elections official may have a true
duplicate copy of vote by mail voter paper ballots made on punchcard
ballots that shall be verified in the presence of witnesses. After
verification the punchcard ballots shall be counted in the same
manner as other punchcard ballots.
SEC. 99. Section 15212 of the Elections Code is amended to read:
15212. If voting at all precincts within a county is not
conducted using the same voting system, the result as to the
precincts not subject to this article shall be determined in
accordance with other provisions of this code and the result of the
vote at precincts subject to this article shall be determined as
provided in this article. The statement of the vote in that case
shall represent the consolidation of all the results and the results
of the canvass of all vote by mail voter ballots.
SEC. 100. Section 15278 of the Elections Code is amended to read:
15278. On completion of the canvass of the returns for each
election, the elections official shall compare the vote by mail
voters voters' list with the roster of
voters in each precinct to determine if any voter cast more than one
ballot at that election.
SEC. 101. Section 15302 of the Elections Code is amended to read:
15302. The official canvass shall include, but not be limited to,
the following tasks:
(a) An inspection of all materials and supplies returned by poll
workers.
(b) A reconciliation of the number of signatures on the roster
with the number of ballots recorded on the ballot statement.
(c) In the event of a discrepancy in the reconciliation required
by subdivision (b), the number of ballots received from each polling
place shall be reconciled with the number of ballots cast, as
indicated on the ballot statement.
(d) A reconciliation of the number of ballots counted, spoiled,
canceled, or invalidated due to identifying marks, overvotes, or as
otherwise provided by statute, with the number of votes recorded,
including vote by mail and provisional ballots, by the vote counting
system.
(e) Processing and counting any valid vote by mail and provisional
ballots not included in the semifinal official canvass.
(f) Counting any valid write-in votes.
(g) Reproducing any damaged ballots, if necessary.
(h) Reporting final results to the governing board and the
Secretary of State, as required.
SEC. 102. The heading of Article 2 (commencing with Section 15320)
of Chapter 4 of Division 15 of the Elections Code is amended to
read:
Article 2. Processing Vote by Mail Ballots and Mail Ballot
Precinct Ballots
SEC. 103. Section 15320 of the Elections Code is amended to read:
15320. Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day
that are not included in the semifinal official canvass phase of the
election shall be processed and counted during the official canvass
in the manner prescribed by Chapter 3 (commencing with Section
15100).
SEC. 104. Section 15321 of the Elections Code is amended to read:
15321. For any statewide election or special election to fill a
vacancy in a congressional or legislative office, votes cast by vote
by mail ballot and votes cast at the polling place shall be tabulated
by precinct.
SEC. 105. Section 15360 of the Elections Code is amended to read:
15360. (a) During the official canvass of every election in which
a voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices, including vote by mail voters' ballots, cast in 1 percent of
the precincts chosen at random by the elections official. If 1
percent of the precincts is less than one whole precinct, the tally
shall be conducted in one precinct chosen at random by the elections
official.
In addition to the 1 percent manual tally, the elections official
shall, for each race not included in the initial group of precincts,
count one additional precinct. The manual tally shall apply only
to the race not previously
counted.
Additional precincts for the manual tally may be selected at the
discretion of the elections official.
(b) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on no fewer than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
(c) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts or direct recording electronic voting machines subject to
the public manual tally.
(d) The manual tally shall be a public process, with the official
conducting the election providing at least a five-day public notice
of the time and place of the manual tally and of the time and place
of the selection of the precincts to be tallied prior to conducting
the tally and selection.
(e) The official conducting the election shall include a report on
the results of the 1 percent manual tally in the certification of
the official canvass of the vote. This report shall identify any
discrepancies between the machine count and the manual tally and a
description of how each of these discrepancies was resolved. In
resolving any discrepancy involving a vote recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter verified paper audit trail shall govern
if there is a discrepancy between it and the electronic record.
SEC. 106. Section 15601 of the Elections Code is amended to read:
15601. The Secretary of State, within the Secretary of State's
existing budget, shall adopt regulations no later than January 1,
2008, for each voting system approved for use in the state and
specify the procedures for recounting ballots, including vote by mail
and provisional ballots, using those voting systems.
SEC. 107. Section 17301 of the Elections Code is amended to read:
17301. (a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator, and
United States Representative.
(b) The packages containing the following ballots and
identification envelope shall be kept by the elections official,
unopened and unaltered, for 22 months from the date of the election:
(1) Voted polling place ballots.
(2) Paper record copies, as defined by Section 19251, if any, of
voted polling place ballots.
(3) Voted vote by mail voter ballots.
(4) Vote by mail voter identification envelopes.
(5) Spoiled ballots.
(6) Canceled ballots.
(7) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
(8) Ballot receipts.
(c) If a contest is not commenced within the 22-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots , or forgery of vote by mail
voters' signatures is not commenced within the 22-month period,
either of which may involve the vote of the precinct from which voted
ballots were received, the elections official shall have the ballots
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
SEC. 108. Section 17302 of the Elections Code is amended to read:
17302. (a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17301.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
(b) The packages containing the following ballots and
identification envelopes shall be kept by the elections official,
unopened and unaltered, for six months from the date of the election:
(1) Voted polling place ballots.
(2) Paper record copies, as defined by Section 19251, if any, of
voted polling place ballots.
(3) Voted vote by mail voter ballots.
(4) Vote by mail voter identification envelopes.
(5) Spoiled ballots.
(6) Canceled ballots.
(7) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
(8) Ballot receipts.
(c) If a contest is not commenced within the six-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots , or forgery of vote by mail
voters' signatures is not commenced within the six-month period,
either of which may involve the vote of the precinct from which voted
ballots were received, the elections official shall have the
packages destroyed or recycled. The packages shall otherwise remain
unopened until the ballots are destroyed or recycled.
SEC. 109. Section 17303 of the Elections Code is amended to read:
17303. (a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator, and
United States Representative.
(b) The elections official shall preserve the package or packages
containing the following items for a period of 22 months:
(1) Two tally sheets.
(2) The copy of the index used as the voting record.
(3) The challenge lists.
(4) The assisted voters voters'
list.
(c) All voters may inspect the contents of the package or packages
at all times following commencement of the official canvass of the
votes.
(d) If a contest is not commenced within the 22-month period, or
if a criminal prosecution involving fraudulent use, marking, or
falsification of ballots , or forgery of vote by mail
voters' signatures is not commenced within the 22-month period,
either of which may involve the vote of the precinct from which voted
ballots were received, the elections official may have the packages
destroyed or recycled.
SEC. 110. Section 17304 of the Elections Code is amended to read:
17304. (a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17303.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
(b) The elections official shall preserve the package or packages
containing the following items for a period of six months:
(1) Two tally sheets.
(2) The copy of the index used as the voting record.
(3) The challenge lists.
(4) The assisted voters voters'
list.
(c) All voters may inspect the contents of the package or packages
at all times following commencement of the official canvass of the
votes, except that items that contain signatures of voters may not be
copied or distributed.
(d) If a contest is not commenced within the six-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the six-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the election elections
official may have the packages destroyed or recycled.
SEC. 111. Section 17504 of the Elections Code is amended to read:
17504. (a) The following provisions apply to those elections
where candidates for one or more of the following offices are voted
upon: President of the United States, Vice President of the United
States, United States Senator, and United States Representative.
(b) The elections official shall preserve all applications for
vote by mail ballots for a period of 22 months from the date of the
election.
SEC. 112. Section 17505 of the Elections Code is amended to read:
17505. (a) The following provisions apply to all state or local
elections not provided for in subdivision (a) of Section 17504. An
election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
(b) The elections official shall preserve all applications for
vote by mail ballots for a period of six months from the date of the
election.
SEC. 113. Section 18371 of the Elections Code is amended to read:
18371. (a) No candidate or representative of a candidate, and no
proponent, opponent, or representative of a proponent or opponent, of
an initiative, referendum, or recall measure, or of a charter
amendment, shall solicit the vote of a vote by mail voter, or do any
electioneering, while in the residence or in the immediate presence
of the voter, and during the time he or she knows the vote by mail
voter is voting.
(b) Any person who knowingly violates this section is guilty of a
misdemeanor.
(c) This section shall not be construed to conflict with any
provision of the federal Voting Rights Act of 1965, as amended, nor
to preclude electioneering by mail or telephone or in public places,
except as prohibited by Section 18370, or by any other provision of
law.
SEC. 114. Section 18402 of the Elections Code is amended to read:
18402. Any individual, group, or organization that knowingly
distributes any application for a vote by mail ballot that does not
conform to Chapter 1 (commencing with Section 3000) of Division 3 is
guilty of a misdemeanor.
SEC. 115. Section 18403 of the Elections Code is amended to read:
18403. Any person other than an elections official or a member of
the precinct board who receives a voted ballot from a voter or who
examines or solicits the voter to show his or her voted ballot is
punishable by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the state prison for 16 months or two or three years
or in a county jail not exceeding one year, or by both the fine and
imprisonment. This section shall not apply to persons returning a
vote by mail ballot pursuant to Sections 3017 and 3021 or persons
assisting a voter pursuant to Section 14282.
SEC. 116. Section 18576 of the Elections Code is amended to read:
18576. Any person who willfully (a) interferes with the prompt
delivery of a completed vote by mail ballot application, (b) retains
a completed vote by mail ballot application, without the voter's
authorization, for more than three days excluding weekends and state
holidays, or by the deadline for return of vote by mail ballot
applications, whichever is earlier, or (c) denies an applicant the
right to return his or her own completed vote by mail ballot
application to the local elections official having jurisdiction over
the election, is guilty of a misdemeanor.
SEC. 117. Section 18577 of the Elections Code is amended to read:
18577. Any person having charge of a completed vote by mail
ballot who willfully interferes or causes interference with its
return to the local elections official having jurisdiction over the
election is guilty of a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, by a fine not exceeding ten
thousand dollars ($10,000), or by both the fine and imprisonment
.
SEC. 118. Section 18578 of the Elections Code is amended to read:
18578. Any person who applies for, or who votes or attempts to
vote, a vote by mail ballot by fraudulently signing the name of a
fictitious person, or of a regularly qualified voter, or of a person
who is not qualified to vote, is guilty of a felony punishable by
imprisonment in the state prison for 16 months or two or three years,
or by by a fine not exceeding one
thousand dollars ($1,000) , or by both the fine and
imprisonment.
SEC. 119. Section 19229.5 of the Elections Code is amended to
read:
19229.5. This article does not apply to voting by vote by mail
ballot.
SEC. 120. Section 21000 of the Elections Code is amended to read:
21000. The county elections official in each county shall compile
and make available to the Legislature or any appropriate committee
of the Legislature any information and statistics that may be
necessary for use in connection with the reapportionment of
legislative districts, including, but not limited to, precinct maps
indicating the boundaries of municipalities, school districts,
judicial districts, Assembly districts, senatorial districts and
congressional districts, lists showing the election returns for each
precinct, and election returns for each precinct reflecting the vote
total for all ballots cast, including both vote by mail ballots and
ballots cast at polling places, compiled pursuant to subdivision (a)
of Section 15321 in the county at each statewide election. If the
county elections official stores the information and statistics in
data-processing files, he or she shall make the files available,
along with whatever documentation shall be necessary in order to
allow the use of the files by the appropriate committee of the
Legislature and shall retain these files until the next
reapportionment has been completed.
Each precinct shall be identified according to the census tract or
enumeration district in which it is located. When a precinct is
divided among two or more census tracts or enumeration districts, the
county elections official shall include an estimate of the
proportion of the precinct's registered voters in each census tract
or enumeration district. If the United States Bureau of the
Census Census Bureau divides or alters any
census tract or enumeration district between the time of an election
and the census upon which the reapportionment is based, the county
elections official shall provide whatever corrections or additional
information may be necessary to reflect those changes.
SEC. 121. Section 8211 of the
Government Code is amended to read:
8211. Fees charged by a notary public for the following services
shall not exceed the fees prescribed by this section.
(a) For taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the certificate,
the sum of ten dollars ($10) for each signature taken.
(b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
(c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
(d) For every protest for the nonpayment of a promissory note or
for the nonpayment or nonacceptance of a bill of exchange, draft, or
check, the sum of ten dollars ($10).
(e) For serving every notice of nonpayment of a promissory note or
of nonpayment or nonacceptance of a bill of exchange, order, draft,
or check, the sum of five dollars ($5).
(f) For recording every protest, the sum of five dollars ($5).
(g) No fee may be charged to notarize signatures on
absentee vote by mail ballot identification
envelopes or other voting materials.
(h) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10).
(i) In accordance with Section 6107, no fee may be charged to a
United States military veteran for notarization of an application or
a claim for a pension, allotment, allowance, compensation, insurance,
or any other veteran's benefit.
SEC. 122. Section 2288 of the Revenue
and Taxation Code is amended to read:
2288. A maximum property tax rate election held by a local agency
formed under a law that does not provide a procedure for elections
shall be conducted by the county elections official, as follows:
(a) The election shall be held not less than 74 days nor more than
120 days following the call of the election by the governing body of
the local agency. The call of the election shall specify whether the
election shall be by mailed ballots or not.
(b) Not less than 15 days nor more than 30 days before the
election, the county elections official shall compile the index of
voters eligible to vote in the election as of the 30th day preceding
the election, establish the election board, precinct boards, and
precincts, as needed, and mail out the ballots or sample ballots.
(c) Except as provided herein, an election subject to this section
shall be called, conducted, and canvassed as provided in the
Elections Code for the calling, conducting, and canvassing of general
elections.
(d) The local agency shall reimburse the county in full for the
services performed by the county clerk upon presentation of a bill to
the local agency.
(e) In the event that If the
governing body of a local agency authorizes the use of mailed ballots
pursuant to Section 2287, the procedure to be used in mailing and
canvassing the ballots shall be the procedure prescribed in Chapter 1
(commencing with Section 3000) of Division 3 and in Chapter 1
(commencing with Section 15000) of Division 15 of the Elections Code
for the mailing and canvassing of absentee ballots;
provided, however, that vote by mail ballots. However,
a ballot shall be mailed to each qualified voter and an
application for a ballot shall not be required.
SEC. 121. SEC. 123. Elections
officials may use all existing election supplies, election materials,
and voting information that refer to voting by absentee ballot,
including, but not limited to, absentee ballots, envelopes, and
instructions before developing new election supplies, election
materials, and voting instructions that reflect the changes required
by this act. Election officials may reformulate the instructions to
precinct board members, precinct officers, and poll workers as
necessary to reflect the changes required by this act.
SEC. 122. SEC. 124. If the
Commission on State Mandates determines that this act contains costs
mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.