BILL NUMBER: AB 1662	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 25, 2007

INTRODUCED BY   Assembly Member Cook
    (   Coauthors:   Assembly Members 
 Benoit,   Davis,   DeVore,   Horton,
  Jeffries,   and Maze   ) 
    (   Coauthors:   Senators  Battin
  and Hollingsworth   ) 

                        FEBRUARY 23, 2007

   An act to add Section 3312 to the Elections Code, relating to
voting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1662, as amended, Cook. Absentees: overseas voting.
   (1) Under existing law, special absentee voters, defined as
members of the armed forces and their spouses and dependents and
overseas citizens of the United States, including those serving on a
merchant vessel documented under the laws of the United States, may
apply for absent voters' ballots and their applications are deemed to
be affidavits of registration and applications for permanent
absentee voter status.
   Existing law also requires that these voters be sent absent voters'
ballots in future elections and that they may write in the name of
any candidate who has qualified to have his or her name placed on the
ballot or qualified as a write-in candidate on the ballot at the
time of the election.
   The bill would require local elections officials to prepare a
special runoff ballot for each primary, special, or general election
to allow the votes of special absentee voters, including military
personnel who are temporarily living outside of the United States, to
be counted if there is a runoff election for any of the offices in
that election. By increasing the duties of local elections officials,
this bill would impose a state-mandated local program.
   (2) 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 3312 is added to the Elections Code, to read:
   3312.  (a) For voters who qualify as special absentee voters
pursuant to subdivision (b) of Section 300, and who are temporarily
living outside of the territorial limits of the United States or the
District of Columbia, the elections official shall prepare a special
runoff ballot for each primary, special, or general election for
which there may be a runoff election held within 90 days of that
election to be sent to the voter, in addition to the regular absentee
ballot, for the purpose of allowing their votes to also be counted
if there is a runoff election.
   (b) (1) The special runoff ballot shall contain a list of all
offices being contested for which there may be a runoff election held
within 90 days of that election and the candidates qualifying for
the election in each office.
   (2) The special runoff ballot shall permit the elector's vote to
be counted in a runoff election by indicating his or her order of
preference for each candidate for each office.
   (3) (A) To indicate his or her order of preference for each
candidate for each office, the voter shall mark the special runoff
ballot by writing the number one next to the name of the candidate
who is the voter's first choice, the number two for the voter's
second choice, and so forth, so that, in consecutive numerical order,
a number indicating the voter's preference is written by the voter
next to the candidate's name on the special runoff ballot.
   (B) However, the voter shall not be required to indicate his or
her preference for more than one candidate on the special runoff
ballot if he or she chooses. 
   (C) The completed special runoff ballot shall be received by the
elections official by the close of the polls on the day of the runoff
election. 
   (4) In the event of a runoff election, the elections official
shall tabulate the special runoff ballot by counting the ballot as a
vote  for the highest ranked candidate in the runoff election
on the special runoff ballot as chosen by the special absentee
voter. If a special absentee voter returns a ballot that is not a
special runoff ballot for the runoff election before the close of
polls on election day, the elections official shall not tabulate any
special runoff ballot that was returned by that voter.  
for that candidate in the runoff election who is ranked the highest
on the special runoff ballot as chosen by the special absentee voter.
If a special absentee voter receives a regular runoff ballot for the
runoff election and returns it by the close of the polls on the day
of the runoff election, then the elections official shall tabulate
that ballot and shall not tabulate any special runoff ballot
previously returned by that voter. 
   (5) Instructions shall be sent with the special runoff ballot to
the qualified voter explaining the  instant  runoff
voting process  for special absentee voters  .
  SEC. 2.   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.