BILL NUMBER: AB 1440	CHAPTERED
	BILL TEXT

	CHAPTER  395
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 25, 2009
	AMENDED IN SENATE  JUNE 9, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 27, 2009

   An act to add Section 14313 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1440, Swanson. Elections: provisional ballots.
   Existing law requires that a provisional ballot be issued to a
voter claiming to be properly registered but whose qualification or
entitlement to vote cannot be immediately established upon
examination of the index of registration or records on file with the
county elections official.
   This bill would require a county elections official to issue a
provisional ballot, including any materials necessary to process the
ballot, to an emergency worker, as defined. The bill would require
the county elections official to transmit the ballot to the county
where the voter is registered and would specify requirements for the
ballot to be counted and the ballot materials to be preserved.
   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
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 14313 is added to the Elections Code, to read:
   14313.  (a) Upon the declaration of a state of emergency by the
Governor and the issuance of an executive order authorizing an
emergency worker to cast a ballot outside of his or her home
precinct, elections officials in the counties included in the
executive order shall, upon demand, issue to an emergency worker a
provisional ballot that may be identical to the provisional ballot
offered to other voters in the county, using a process to be
determined by the elections official. The elections official shall
transmit for processing any ballot cast, including any materials
necessary to process the ballot, pursuant to this section to the
elections official in the county where the voter is registered to
vote.
   (b) To be counted, a ballot cast pursuant to this section shall
satisfy both of the following requirements:
   (1) Be cast by the voter no later than the close of the polls on
election day.
   (2) Be received by the county elections official where the voter
is registered on or before the 10th day following the date of the
election.
   (c) Upon receipt of the returned ballot, the elections official
shall process the ballot pursuant to the procedures in subdivision
(c) of Section 14310.
   (d) If the requirements in subdivisions (b) and (c) are met and
the ballot is eligible to be counted, the ballot shall be duplicated
and all other materials preserved according to the procedures set
forth in this code.
   (e) "Emergency worker" for the purposes of this section means a
person who is officially engaged in responding to the proclaimed
state of emergency and whose vocation has been identified in an
executive order relating to the state of emergency.
  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.