BILL NUMBER: AB 1367	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Members Fletcher, Cook, DeVore, Gilmore, and
Knight
   (Principal coauthor: Senator Runner)

                        FEBRUARY 27, 2009

   An act to add Section  3020.5   3103.7 
to the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1367, as amended, Fletcher. Elections: vote by mail ballots.
   Existing law requires that a vote by mail ballot be received by
the issuing elections official or the precinct board no later than
the close of polls on election day.
   This bill would make an exception for  absent uniformed
services   special absentee  voters, as defined,
 temporarily living outside of the territorial limits of the
United States or the District of Columbia  and would instead
require that their vote by mail ballot be postmarked or signed and
dated by the voter on or before election day and received by their
elections official not later than 21 days after election day.
   Because the bill would impose additional duties on 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  3020.5   3103.7  is
added to the Elections Code, to read:
    3020.5.   3103.7.   Notwithstanding
Section 3020, 3311, or 4103, or any other provision of law, a vote by
mail ballot of a  member of the Armed Forces of the United
States who is an absent uniformed services voter, as defined by
subsection (1) of Section 1973ff-6 of Title 42 of the United States
Code,   special absentee voter under subdivision (b) of
Section 300 who is temporarily living outside of the territorial
limits of the United States or the District of Columbia  shall
be timely cast if it is postmarked by the United States Postal
Service or the Military Postal Service Agency or is signed and dated
by the voter on or before election day and received by the voter's
elections official not later than 21 days after election day.
  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.