BILL NUMBER: AB 1340	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Bonnie Lowenthal and V. Manuel Perez

   (Coauthor: Senator Ducheny)

                        FEBRUARY 27, 2009

   An act to amend Sections 3102, 3103, and 3103.5 of, and to add
Section 3103.6 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1340, as introduced, Bonnie Lowenthal. Absentee voters.
   Existing law provides that a special absentee voter who is
temporarily living outside of the United States or is called for
military service within the United States must return his or her
ballot to the appropriate elections official by the close of the
polls on election day to have that ballot counted.
   This bill would give that special absentee voter 10 days after the
election to return his or her ballot to the appropriate elections
official and have it counted. The bill would make additional changes
in special absentee voter provisions.
   Because this bill would change the duties of 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
   AB 1340, as introduced, Bonnie Lowenthal. Absentee voters.
   Existing law provides that a special absentee voter who is
temporarily living outside of the United States or is called for
military service within the United States must return his or her
ballot to the appropriate elections official by the close of the
polls on election day to have that ballot counted.
   This bill would give that special absentee voter 10 days after the
election to return his or her ballot to the appropriate elections
official and have it counted. The bill would make additional changes
in special absentee voter provisions.
   Because this bill would change the duties of 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.
   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 3102 of the Elections Code, as amended by
Section 1 of Chapter 252 of the Statutes of 2008, is amended to read:

   3102.  (a) Applications for the ballots of special absentee voters
shall be received and, except as provided in  Section
  Sections  3103.5  and 3103.6  , 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 remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 2.  Section 3102 of the Elections Code, as amended by Section
2 of Chapter 252 of the Statutes of 2008, 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, 2011.
  SEC. 3.  Section 3103 of the Elections Code, as amended by Section
3 of Chapter 252 of the Statutes of 2008, 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   Sections
 3103.5  and 3103.6  , 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 4.  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, or is called for military service within the
United States on or after the final date to make application for 
a special absentee ballot or  a vote by  absent voter
  mail  ballot, 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_____.
(Signature)______________________________________
              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) 
    (b)  This section shall remain in effect only until
January 1, 2011, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2011, deletes or
extends that date.
  SEC. 5.  Section 3103.6 is added to the Elections Code, to read:
   3103.6.  A special absentee voter who is temporarily living
outside of the territorial limits of the United States or the
District of Columbia, or is called for military service within the
United States on or after the final date to make application for a
vote by mail ballot, may return his or her ballot by mail. To be
counted, the ballot shall meet both of the following criteria:
   (1) Be postmarked on or before election day.
   (2) Be received by the voter's county elections official on or
before the 10th day following the election.
  SEC. 6.  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.
  SECTION 1.  Section 3102 of the Elections Code, as amended by
Section 1 of Chapter 252 of the Statutes of 2008, is amended to read:

   3102.  (a) Applications for the ballots of special absentee voters
shall be received and, except as provided in  Section
  Sections  3103.5  and 3103.6  , 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 remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 2.  Section 3102 of the Elections Code, as amended by Section
2 of Chapter 252 of the Statutes of 2008, 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, 2011.
  SEC. 3.  Section 3103 of the Elections Code, as amended by Section
3 of Chapter 252 of the Statutes of 2008, 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   Sections
 3103.5  and 3103.6  , 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 4.  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, or is called for military service within the
United States on or after the final date to make application for 
a special absentee ballot or  a vote by  absent voter
  mail  ballot, 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_____.
(Signature)______________________________________
              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) 
    (b)  This section shall remain in effect only until
January 1, 2011, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2011, deletes or
extends that date.
  SEC. 5.  Section 3103.6 is added to the Elections Code, to read:
   3103.6.  A special absentee voter who is temporarily living
outside of the territorial limits of the United States or the
District of Columbia, or is called for military service within the
United States on or after the final date to make application for a
vote by mail ballot, may return his or her ballot by mail. To be
counted, the ballot shall meet both of the following criteria:
   (1) Be postmarked on or before election day.
   (2) Be received by the voter's county elections official on or
before the 10th day following the election.
  SEC. 6.  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.