BILL NUMBER: AB 1271	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 28, 2009

INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 27, 2009

   An act to amend Sections 3001, 3009, 3017 of, and to add Section
3025 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1271, Krekorian. Elections: vote by mail ballots.
   Under existing law, an application for a vote by mail ballot shall
be made by a voter to an elections official having jurisdiction over
the election between the 29th and 7th days prior to the election.
Existing law permits an elections official to deliver a vote by mail
ballot to the voter, the voter's spouse, child, parent, grandparent,
grandchild, sibling, or other person residing in the same household
as the voter, so long as the individual to whom the ballot is
delivered signs a statement under penalty of perjury that contains
the name of the voter and affirms that the person receiving the
ballot is 16 years of age or older and is authorized to deliver the
vote by mail ballot. Existing law permits a voter who is unable to
return his or her vote by mail ballot due to illness or other
physical disability to designate his or her spouse, child, parent,
grandparent, grandchild, sibling, or other person residing in the
same household as the voter to return the vote by mail ballot. Except
in the case of a candidate or the spouse of a candidate, existing
law prohibits a person returning another voter's vote by mail ballot
from being a paid or volunteer worker of a 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.
   This bill would provide that an application for a vote by mail
ballot must be received by the elections official between the 29th
and 7th days prior to the election. The bill would delete the
requirement that the voter be physically unable to return the vote by
mail ballot and, with specified exceptions, authorize any person to
be designated in writing by the voter to receive or return the voter'
s vote by mail ballot. The bill would, with an exception, prohibit an
authorized representative from being a candidate or the spouse of a
candidate, or a paid or volunteer worker of a general purpose
committee, controlled committee, independent expenditure committee,
political party, campaign committee of a candidate, or any other
group or organization at whose behest the individual designated to
receive the ballot, return the ballot, or both receive and return the
ballot is performing a service.
   Because the bill would change 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, 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.


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

  SECTION 1.  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
ballot shall be made in writing to and received by 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. An
application received by the elections official prior to the 29th day
shall be kept and processed during the application period.
  SEC. 2.  Section 3009 of the Elections Code is amended to read:
   3009.  (a) Upon receipt of a 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 ballot, he or she shall deliver by mail or in person the
appropriate ballot. The ballot may be delivered to the applicant or
an authorized representative of the applicant, 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 authorized representative of the applicant only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant, and affirms that the person receiving the
ballot is 16 years of age or older and is authorized by the applicant
to deliver the vote by mail ballot.
   (c) (1) 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
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 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.
   (2) If the voter substantially complies with the requirements
contained in the notice provided by the elections official, the voter'
s ballot shall be counted.
   (3) 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. 3.  Section 3017 of the Elections Code is amended to read:
   3017.  (a) A vote by mail ballot 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 a member of a
precinct board at a polling place within the jurisdiction. However, a
vote by mail voter who is unable to return the ballot, may designate
an authorized representative 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 a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of 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.
  SEC. 4.  Section 3025 is added to the Elections Code, to read:
   3025.  For purposes of this chapter, "authorized representative"
means a person who is designated in writing by a voter to the
elections official to receive, return, or both receive and return the
voter's vote by mail ballot. Except for an authorized representative
of a candidate or the spouse of a candidate, an authorized
representative shall not be a candidate or the spouse of a candidate,
or a paid or volunteer worker of a general purpose committee,
controlled committee, independent expenditure committee, political
party, campaign committee of a candidate, or any other group or
organization at whose behest the individual designated to receive the
ballot, return the ballot, or both receive and return the ballot is
performing a service.
  SEC. 5.  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.