BILL NUMBER: AB 867	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 17, 2011

   An act to amend Sections 3001, 3009, and 3017 of, and to add
Section 3025 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 867, as introduced, Swanson. Elections: vote by mail ballots.
   Under existing law, an application for a vote by mail ballot shall
be made by a voter to an elections official having jurisdiction over
the election between the 29th and 7th days prior to the election.
Existing law permits an elections official to deliver a vote by mail
ballot to the voter, the voter's spouse, child, parent, grandparent,
grandchild, sibling, or other person residing in the same household
as the voter, so long as the individual to whom the ballot is
delivered signs a statement under penalty of perjury that contains
the name of the voter and affirms that the person receiving the
ballot is 16 years of age or older and is authorized to deliver the
vote by mail ballot. Existing law permits a voter who is unable to
return his or her vote by mail ballot due to illness or other
physical disability to designate his or her spouse, child, parent,
grandparent, grandchild, sibling, or other person residing in the
same household as the voter to return the vote by mail ballot. Except
in the case of a candidate or the spouse of a candidate, existing
law prohibits a person returning another voter's vote by mail ballot
from being a paid or volunteer worker of a general purpose committee,
controlled committee, independent expenditure committee, political
party, candidate's campaign committee, or any other group or
organization at whose behest the individual designated to return the
ballot is performing a service.
   This bill would provide that an application for a vote by mail
ballot must be received by the elections official between the 29th
and 7th days prior to the election. The bill would authorize a voter
to designate an authorized representative in writing to an elections
official to receive, return, or both receive and return, that voter's
vote by mail ballot. If a voter is unable to return his or her vote
by mail ballot, this bill would authorize the voter to have his or
her authorized representative return the ballot to the elections
official regardless of whether his or her inability to return the
vote by mail ballot is due to illness or physical disability.
   This bill would, except for an authorized representative of a
candidate or the spouse of a candidate, prohibit a voter's authorized
representative from being a candidate or the spouse of a candidate,
or a paid or volunteer worker of a general purpose committee,
controlled committee, independent expenditure committee, political
party, campaign committee of a candidate, or any other group or
organization at whose behest the individual designated to receive the
ballot, return the ballot, or both receive and return the ballot is
performing a service.
   Because the bill would change the 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.
   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 3001 of the Elections Code is amended to read:
   3001.  Except as provided in Chapter 3 (commencing with Section
3200) and Sections 3007.5 and 3007.7, application for a vote by mail
 voter's  ballot shall be made in writing to 
and received by  the elections official having jurisdiction over
the election between the 29th and the 7th day prior to the election.
The application shall be signed by the applicant and shall show his
or her place of residence.  Any applications  
An application  received by the elections official prior to the
29th day shall be kept and processed during the application period.
  SEC. 2.  Section 3009 of the Elections Code is amended to read:
   3009.  (a) Upon receipt of  any   a 
vote by mail ballot application signed by the voter that arrives
within the proper time, the elections official should determine if
the signature and residence address on the ballot application appear
to be the same as that on the original affidavit of registration. The
elections official may make this signature check upon receiving the
voted ballot, but the signature must be compared before the vote by
mail voter ballot is canvassed.
   (b) If the elections official deems the applicant entitled to a
vote by mail  voter's  ballot  ,  he or she
shall deliver by mail or in person the appropriate ballot. The
ballot may be delivered to the applicant  , his  or
 her spouse, child, parent, grandparent, grandchild, or
sibling, or a person residing in   an authorized
representative of  the  same household as the vote by
mail voter   applicant  , except that in no case
shall the ballot be delivered to an individual under 16 years of age.
The elections official shall deliver the vote by mail ballot to the
 applicant's spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in   authorized
representative of  the  same household as the vote by
mail voter   applicant  only if that person signs a
statement attested to under penalty of perjury that provides the
name of the  applicant and his or her relationship to the
 applicant, and affirms that  he or she 
 the person receiving the ballot  is 16 years of age or
older  ,  and is authorized by the applicant to
deliver the vote by mail ballot.
   (c)  (1)    If the elections official determines
that an application does not contain all of the information
prescribed in Section 3001 or 3006, or for any other reason is
defective, and the elections official is able to ascertain the voter'
s address, the elections official shall, within one working day of
receiving the application, mail the voter a vote by mail voter's
ballot together with a notice. The notice shall inform the voter that
the voter's vote by mail  voter's  ballot shall not
be counted unless the applicant provides the elections official with
the missing information or corrects the defects prior to, or at the
time of, receipt of the voter's executed vote by mail  voter'
s  ballot. The notice shall specifically inform the voter of
the information that is required or the reason for the defects in
the application, and shall state the procedure necessary to remedy
the defective application.
    (2)    If the voter substantially complies with
the requirements contained in the  notice provided by the 
elections  official's notice   official  ,
the voter's ballot shall be counted.
    (3)    In determining from the records of
registration if the signature and residence address on the
application appear to be the same as  that  
those  on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of  voter's
  voters'  signatures, provided that the method of
preparing and displaying the facsimiles complies with law.
  SEC. 3.  Section 3017 of the Elections Code is amended to read:
   3017.  (a)  All   A  vote by mail
 ballots   ballot  cast under this division
shall be voted on or before the day of the election. After marking
the ballot, the vote by mail voter shall do either of the following:
(1) return the ballot by mail or in person to the elections official
from whom it came or (2) return the ballot in person to  any
  a  member of a precinct board at  any
  a  polling place within the jurisdiction.
However, a vote by mail voter who  , because of illness or
other physical disability,  is unable to return the ballot
 ,  may designate  his or her spouse, child,
parent, grandparent, grandchild, brother, sister, or a person
residing in the same household as the vote by mail voter 
 an authorized representative  to return the ballot to the
elections official from whom it came or to the precinct board at any
polling place within the jurisdiction. The ballot must, however, be
received by either the elections official from whom it came or the
precinct board before the close of the polls on election day.
   (b) The elections official shall establish procedures to ensure
the secrecy of  any   a  ballot returned to
a precinct polling place and the security, confidentiality, and
integrity of  any  personal information collected,
stored, or otherwise used pursuant to this section.
   (c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
   (d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section. 
   (e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse. 
  SEC. 4.  Section 3025 is added to the Elections Code, to read:
   3025.  For purposes of this chapter, "authorized representative"
means a person who is designated in writing by a voter to the
elections official to receive, return, or both receive and return the
voter's vote by mail ballot. Except for an authorized representative
of a candidate or the spouse of a candidate, an authorized
representative shall not be a candidate or the spouse of a candidate,
or a paid or volunteer worker of a general purpose committee,
controlled committee, independent expenditure committee, political
party, campaign committee of a candidate, or any other group or
organization at whose behest the individual designated to receive the
ballot, return the ballot, or both receive and return the ballot is
performing a service.
  SEC. 5.   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.