BILL NUMBER: AB 1424 AMENDED
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Knight
( Principal coauthor: Senator
FEBRUARY 27, 2009
An act to amend
Section 3011 Section
s 3011 and 3019 of the Elections Code, and to add Section
14902.5 to the Vehicle Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1424, as amended, Knight. Elections: vote by mail.
Existing law requires that the identification envelope for
returning vote by mail ballots contain specified information and
that the elections official verify that the signature on the
envelope compares with the signature on the voter's affidavit of
registration. Under existing law, the envelope is not opened and the
ballot is not counted if the elections official determines the
signatures do not compare .
This bill would additionally require that the identification
envelope include a verification panel, concealed during
mailing, setting forth the last 4 digits of the voter's
California driver's license or identification card number or, if
unavailable, the last 4 digits of the voter's social security number
and a security flap to conceal this information and the voter's
signature during mailing . The bill would require the elections
official to verify the accuracy of that information before counting
the vote and that the voter be notified that the identification
envelope will be opened only if this information is verified by the
elections official .
Because the bill would increase 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
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
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 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter and the last four digits of
the voter's California driver's license number or California
identification card number, or if the voter has neithe r,
the last four digits of the voter's social security number .
(3) The residence address of the voter as shown on the affidavit
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board and informing the
voter that the envelope will be opened only upon verification of the
signature and identifying information submitted pursuant to paragraph
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the verification panel, described in paragraph (12),
envelope in his or her own handwriting in order
for the ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
(12) A verification panel, concealed during mailing, requiring the
last four digits of the voter's California driver's license number
or California identification card number or, if neither is available,
the last four digits of the voter's social security number.
(12) A security flap or sleeve to conceal during mailing the voter'
s signature and identifying information required by paragraph (2).
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
(c) (1) An elections official shall verify that the information
provided pursuant to paragraph (12) of subdivision (a) is from the
California driver's license or California identification card or
social security number issued to the voter submitting the vote by
mail ballot before the vote may be counted.
(2) Paragraph (1) shall not apply to a valid ballot cast pursuant
to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
Sec. 1973ff-1 et seq.).
SEC. 2. Section 3019 of the Elections
Code is amended to read:
3019. (a) (1) Upon
receipt of the vote by mail ballot the elections official shall
compare the signature on the envelope with that appearing on the
affidavit of registration and, if they compare, deposit the ballot,
still in the identification envelope, in a ballot container in his or
her office. A variation of the signature caused by the substitution
of initials for the first or middle name, or both, shall not
invalidate the ballot. If the ballot is rejected because the
signatures do not compare, the envelope shall not be opened and the
ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
If envelope. If the elections
official has compared the signature of the voter's application with
the affidavit pursuant to Section 3009, the application may be used
rather than the affidavit to make the signature check required by
this section subdivision .
(2) No ballot shall be removed from its
identification envelope until the time for processing. No ballot
shall be rejected for cause after the envelope has been opened.
(3) In determining from the records of
registration if the signature and residence address on the
identification envelope appear to be the same as that on the
affidavit of registration, the elections official or registrar of
voters may use the duplicate file of affidavits of registered voters
or the facsimiles of voters' signatures, provided that
if the method of preparing and displaying the
facsimiles complies with the law.
(b) The elections official shall additionally verify that the
signature of the voter and the identifying information submitted on
the identification envelope pursuant to paragraph (2) of subdivision
(a) of Section 3011 are the same as those on other state and federal
records for that voter. If they are not the same, the elections
official shall not open the identification envelope and shall not
count the ballot and shall write the cause for rejection on the face
of the identification envelope.
SEC. 2. SEC. 3. Section 14902.5 is
added to the Vehicle Code, to read:
14902.5. Notwithstanding any other provision of law, the fee for
an original or replacement identification card shall be waived for a
person who requests the identification card for purposes of
satisfying the verification panel requirement of
Section 3011 of the Elections Code.
SEC. 3. SEC. 4. 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.