BILL NUMBER: AB 1573	CHAPTERED
	BILL TEXT

	CHAPTER  548
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  MAY 11, 2009

INTRODUCED BY   Committee on Elections and Redistricting (Fong
(Chair), Adams (Vice Chair), Coto, Mendoza, Saldana, and Swanson)

                        MARCH 17, 2009

   An act to amend Sections 13314 and 15104 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1573, Committee on Elections and Redistricting. Elections:
voting.
   Existing law authorizes an elector to seek a writ of mandate
alleging that an error or omission has occurred, or is about to
occur, in the placing of a name on, or in the printing of, a ballot,
sample ballot, voter pamphlet, or other official matter, or that any
neglect of duty has occurred, or is about to occur.
   This bill would require that the Secretary of State be named as a
real party in interest in writ proceedings concerning specific
measures and candidates.
   Under existing law, a voter's registration information, including
the voter's signature, is to be kept confidential except for
specified circumstances. Under existing law, specified persons may
observe and challenge the manner in which vote by mail ballots are
handled and processed by county elections officials. Existing law
requires that these observers be permitted sufficiently close access
to the process to observe and make challenges as to whether
established procedures are being followed by persons handling vote by
mail ballots.
   This bill would require that vote by mail voter observers be
permitted sufficiently close access to observe vote by mail ballot
return envelopes and the signatures thereon.


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

  SECTION 1.  Section 13314 of the Elections Code is amended to read:

   13314.  (a) (1) An elector may seek a writ of mandate alleging
that an error or omission has occurred, or is about to occur, in the
placing of a name on, or in the printing of, a ballot, sample ballot,
voter pamphlet, or other official matter, or that any neglect of
duty has occurred, or is about to occur.
   (2) A peremptory writ of mandate shall issue only upon proof of
both of the following:
   (A) That the error, omission, or neglect is in violation of this
code or the Constitution.
   (B) That issuance of the writ will not substantially interfere
with the conduct of the election.
   (3) The action or appeal shall have priority over all other civil
matters.
   (4) The Secretary of State shall be named as a respondent or a
real party in interest in any proceeding under this section
concerning a measure or a candidate described in Section 15375,
except for a candidate for judge of the superior court.
   (b) Venue for a proceeding under this section shall be exclusively
in Sacramento County in any of the following cases:
   (1) The Secretary of State is named as a real party in interest or
as a respondent.
   (2) A candidate for statewide elective office is named as a party.

   (3) A statewide measure that is to be placed on the ballot is the
subject of the proceeding.
  SEC. 2.  Section 15104 of the Elections Code is amended to read:
   15104.  (a) The processing of vote by mail ballot return
envelopes, and the processing and counting of vote by mail ballots,
shall be open to the public, both prior to and after the election.
   (b) A member of the county grand jury, and at least one member
each of the Republican county central committee, the Democratic
county central committee, and of any other party with a candidate on
the ballot, and any other interested organization, shall be permitted
to observe and challenge the manner in which the vote by mail
ballots are handled, from the processing of vote by mail ballot
return envelopes through the counting and disposition of the ballots.

   (c) The elections official shall notify vote by mail voter
observers and the public at least 48 hours in advance of the dates,
times, and places where vote by mail ballots will be processed and
counted.
   (d) Notwithstanding paragraph (2) of subdivision (b) of Section
2194, vote by mail voter observers shall be allowed sufficiently
close access to enable them to observe the vote by mail ballot return
envelopes and the signatures thereon and challenge whether those
individuals handling vote by mail ballots are following established
procedures, including all of the following:
   (1) Verifying signatures and addresses on the vote by mail ballot
return envelopes by comparing them to voter registration information.

   (2) Duplicating accurately damaged or defective ballots.
   (3) Securing vote by mail ballots to prevent tampering with them
before they are counted on election day.
   (e) A vote by mail voter observer shall not interfere with the
orderly processing of vote by mail ballot return envelopes or the
processing and counting of vote by mail ballots, including the
touching or handling of the ballots.