BILL NUMBER: AB 780	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 26, 2009

   An act to add Section 14310.1 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 780, as introduced, John A. Perez. Elections: failsafe ballots.

   Existing law permits a voter whose qualifications or entitlement
to vote cannot be immediately established, under specified
circumstances, to cast a provisional ballot in an election.
   This bill would provide specified requirements to permit a voter
who is unexpectedly away from his or her voting precinct on election
day to cast a ballot at a county or precinct other than where the
voter resides.
   Because this bill would increase the duties of local elections
officials, it would impose a state-mandated local program.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 14310.1 is added to the Elections Code, to
read:
   14310.1.  (a) Any qualified voter who has, due to unforeseen
circumstances, been forced to leave the jurisdiction where he or she
registered to vote and is unable to request a vote by mail ballot,
shall be entitled to vote a failsafe ballot for any statewide office
or question appearing on the ballot for an election.
   (b) For the purposes of this section, "failsafe ballot" means a
ballot containing only state candidates or measures for the purposes
of allowing a voter who meets the criteria set forth in this section
to participate in a statewide election.
   (c) In order for a voter to meet the conditions set forth in
subdivision (a), the following criteria must be met:
   (1) The voter must declare, under penalty of perjury, that he or
she is a registered voter residing in the State of California.
   (2) That unforeseen circumstances arose precluding the voter from
casting his or her ballot in the jurisdiction wherein they are
registered to vote.
   (3) The circumstances precluding the voter from arose suddenly and
without warning after the period where the voter may have requested
a vote by mail ballot has passed, and that the voter did not request
a vote by mail ballot.
   (d) The County Clerk, Registrar of Voters or county elections
officials must maintain a reasonable number of ballots where only
state candidates and measure appear. The County Clerk, Registrar of
Voters, or a county elections official may, at his or her discretion,
disburse ballots directly to precinct voting stations or require a
voter seeking to cast a failsafe ballot do so at the county elections
office.
   (e) When providing a failsafe ballot to a voter meeting the
criteria of this section, the County Clerk, Registrar of Voters, or
county elections official shall require the voter to sign a statement
of qualification declaring, under penalty of perjury, that the voter
meets the criteria set forth in this section, and shall retain the
original form on file.
   (f) The completed failsafe ballot and statement of qualifications
shall be enclosed in a provisional ballot envelope for transmittal to
the appropriate jurisdiction.
   (g) The County Clerk, Registrar of Voters, or county elections
official shall transmit both the ballot and statement of
qualification to the appropriate jurisdiction where the voter resides
to be included in that jurisdiction's official statement of vote.
Failsafe ballots shall be transmitted within one week of the
election.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.