BILL NUMBER: AB 867 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 17, 2011
An act to amend Sections 3001, 3009, and 3017
2223, 2224, 2225, and 2226 of, and to add Section
3025 2227 to, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 867, as amended, Swanson. Elections: vote by mail
ballots. Voters: residency confirmation.
Existing law requires the county elections official to conduct a
preelection residence confirmation procedure by mailing a specified
nonforwardable postcard to each registered voter of the county by the
90th day immediately prior to the direct primary election. In lieu
of mailing a residency confirmation postcard, existing law permits
the county elections official to conduct the residency confirmation
procedure by alternative methods, including by contracting with the
United States Postal Service or its licensees to obtain use of postal
service change-of-address data. Existing law requires the county
elections official, based on the change-of-address information
received in conducting the residency confirmation, or the
change-of-address information provided directly by the voter, to
correct or cancel, among other things, the voter's registration.
This bill would permit a county elections official, in lieu of
mailing a residency confirmation postcard, to contract with a
consumer credit reporting agency or its licensees to obtain
change-of-address data. If the county elections official contracts
with a consumer credit reporting agency or its licensees, this bill
would require the county elections official, based on the
change-of-address information received, to send a specified
forwardable notice to the registered voter to enable the voter to
verify or correct the address information. If the voter responds to
the forwardable notice, or otherwise verifies in writing his or her
new residence address, this bill would require the county elections
official, as appropriate, to correct or cancel the voter's
registration.
Existing law authorizes a county elections official, if a voter
has not voted in any election within the preceding 4 years, and the
residence, address, name, or party affiliation of the voter has not
been updated during that time, to send an alternate residency
confirmation postcard that describes the alternate residency
procedure. If a county uses the alternate residency confirmation
procedure, the county is required to notify all voters of the
procedure in the sample ballot pamphlet or in a separate mailing. A
voter in that county is also given the opportunity to vote at a
statewide primary or general election between the date of the notice
and the beginning of the alternate residency procedure. Existing law
further authorizes a county elections official to cancel the voter
registration of a voter who does not offer to vote or vote at any
election between the date of the confirmation mailing and 2 federal
general elections after the date of that mailing.
This bill would delete the provision that authorizes a county
elections official to cancel the voter registration of a voter who
does not offer to vote or vote within a specified time period, and
would delete the requirement that a voter be given an opportunity to
vote at a statewide primary or general election between the date of
notice and the beginning of the alternate residency procedure.
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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2223 of the
Elections Code is amended to read:
2223. (a) In lieu of mailing a residency confirmation postcard to
each registered voter in the county, the county elections official
may include the return address of the county elections official's
office on the outside portion of the sample ballot or sample ballot
envelope mailed to the voter at any for an
election conducted within the last six months preceding the
start of the confirmation process, along with the statements "Address
Correction Requested" and "Notice: If the person named on the sample
ballot is not at the address, please help keep the voter rolls
current and save taxpayer dollars by returning this sample ballot to
your mail carrier."
(b) Any A voter not eligible for an
election during the last six months preceding the start of the
confirmation process, or any a voter
not mailed a sample ballot with an address correction requested,
shall have his or her address confirmed by either a residency
confirmation postcard or an address verification mailing
conducted pursuant to this article using NCOA/Operation Mail
process data pursuant to Section 2222 or
consumer credit reporting agency data pursuant to Section 2227
.
SEC. 2. Section 2224 of the Elections
Code is amended to read:
2224. (a) If a voter has not voted in any
an election within the preceding four years, and his or her
residence address, name, or party affiliation had
has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA or
sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard shall
be forwardable, including a postage-paid and preaddressed return
form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:
"If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars by
returning this postcard to your mail carrier."
"IMPORTANT NOTICE"
"According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in this county you
must confirm your residency address in order to remain on the active
voter list and receive election materials in the mail."
"If confirmation has not been received within 15 days, you may be
required to provide proof of your residence address in order to vote
at future elections and, if you do not appear or offer to
vote at any election in the period between the date of this notice
and the second federal general election after the date of this
notice, your voter registration will be cancelled and you will have
to reregister in order to vote . If you no longer live in
____ County, you must reregister at your new residence address in
order to vote in the next election. California residents may obtain a
mail registration form by calling the county elections office of the
Secretary of State's Office."
(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter's address shall be
received in writing.
(c) Any A county using
the alternate residency confirmation procedure shall notify all
voters of the procedure in the sample ballot pamphlet or in a
separate mailing. The voter shall be given an opportunity to
vote at a statewide primary or general election between the date of
notice and the beginning of the alternate residency procedure.
SEC. 3. Section 2225 of the Elections
Code is amended to read:
2225. (a) Based on change-of-address data received from the
United States Postal Service or its licensees pursuant to
Section 2222 , the county elections official shall send a
forwardable notice, including a postage-paid and preaddressed return
form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter
has moved and has given no forwarding address shall not require the
mailing of a forwardable notice to that voter.
(b) If postal service change-of-address data indicates
that the voter has moved to a new residence address in the same
county, the forwardable notice shall be in substantially the
following form:
"We have received notification that the voter has moved to a new
residence address in ____ County. You will be registered to vote at
your new address unless you notify our office within 15 days that the
address to which this card was mailed is not a change of your
permanent residence. You must notify our office by either returning
the attached postage-paid postcard, or by calling toll free. If this
is not a permanent residence, and if you do not notify us within 15
days, you may be required to provide proof of your residence address
in order to vote at future elections."
(c) If postal service change-of-address data indicates
that the voter has moved to a new address in another county, the
forwardable notice shall be in substantially the following form:
"We have received notification that you have moved to a new
address not in ____ County. Please use the attached postage-paid
postcard to: (1) advise us if this is or is not a permanent change of
residence address, or (2) to advise us if our information is
incorrect. If you do not return this card within 15 days and continue
to reside in ____ County, you may be required to provide proof of
your residence address in order to vote at future elections and, if
you do not offer to vote at any election in the period between the
date of this notice and the second federal general election following
this notice, your voter registration will be cancelled and you will
have to reregister in order to vote. If you no longer live in ____
County, you must reregister at your new residence address in order to
vote in the next election. California residents may obtain a mail
registration form by calling the county elections officer or
1-800-345-VOTE."
(d) If postal service change-of-address data received from a
nonforwardable mailing indicates that a voter has moved and left no
forwarding address, a forwardable notice shall be sent in
substantially the following form:
"We are attempting to verify postal notification that the voter to
whom this card is addressed has moved and left no forwarding
address. If the person receiving this card is the addressed voter,
please confirm your continued residence or provide current residence
information on the attached postage-paid postcard within 15 days. If
you do not return this card and continue to reside in ____ County,
you may be required to provide proof of your residence address in
order to vote at future elections and, if you do not offer to vote at
any election in the period between the date of this notice and the
second federal general election following this notice, your voter
registration will be cancelled and you will have to reregister in
order to vote. If you no longer live in ____ County, you must
reregister at your new residence address in order to vote in the next
election. California residents may obtain a mail registration form
by calling the county elections office or the Secretary of State's
Office."
(e) The use of a toll-free number to confirm the old residence
address is optional. Any change to the voter address must be received
in writing.
SEC. 4. Section 2226 of the Elections
Code is amended to read:
2226. (a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new
address within the same county, the county elections official shall
update and correct the voter's registration.
(2) If the information indicates the voter has moved to a new
address in another county, if the mailings have been returned as
undeliverable, or if the voter fails to confirm his or her address as
required by Section 2224, the county elections official may place
the voter's name on the inactive file of registered voters who do not
receive election materials and are not included in calculations to
determine the number of signatures required for qualification of
candidates and measures, precinct size, or other election
administration related processes.
(3) If the voter verifies in writing that he or she has moved to a
residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.
(b) The voter registration of any voter whose name has been placed
on the inactive file of registered voters for failure to respond to
a confirmation mailing as required by Section 2224 or
an address verification mailing required by
subdivision (a) of Section 2225, and who does not offer to vote
or vote at any election between the date of the mailing and two
federal general elections after the date of that mailing, may be
cancelled canceled .
(c) Any voter whose name has been placed on the inactive file of
registered voters and offers to vote at any election between the date
of the verification notice, and two federal general elections after
the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.
(d) All address corrections, cancellations, and inactive
transactions made to the voter registration file pursuant to this
section shall be reflected on the voter index as required by Section
2191.
SEC. 5. Section 2227 is added to the
Elections Code , to read:
2227. (a) In lieu of mailing a residency confirmation postcard,
as prescribed in subdivision (a) of Section 2220, the county
elections official may contract with a consumer credit reporting
agency or its licensees to obtain use of change-of-address data in
accordance with this section.
(b) If the county elections official contracts with a consumer
credit reporting agency or its licensees pursuant to subdivision (a),
all of the following shall occur:
(1) For each registered voter in the county, the county elections
official shall initiate a search for change-of-address data with the
consumer credit reporting agency or its licensees by providing the
name and residence address of each registered voter in the county to
the consumer credit reporting agency or its licensees.
(2) The consumer credit reporting agency or its licensees shall
search their databases for each name and address provided by the
county elections official and shall report to the county elections
official any information indicating that the registered voter changed
his or her residence address.
(c) (1) Notwithstanding Section 2194 of this code or Section
6254.4 of the Government Code, and except as provided in paragraph
(2), a county elections official may disclose a registered voter's
name and residence address to a consumer credit reporting agency or
its licensees pursuant to, and in accordance with, this section.
(2) A county elections official shall not disclose to a consumer
credit reporting agency or its licensees the name and residence
address of a registered voter if that information is deemed
confidential pursuant to Section 2166, 2166.5, or 2166.7 of this
code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of
Title 1 of the Government Code.
(d) A consumer credit reporting agency or its licensees shall use
the information provided by a county elections official only pursuant
to paragraph (2) of subdivision (b), and shall not retain any
information received from the county elections official pursuant to
this section.
(e) Based on change-of-address data received from a consumer
credit reporting agency or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, which may be in the form of a postcard,
to the registered voter to enable the voter to verify or correct
address information. The forwardable notice shall be in substantially
the following form:
"We have received notification that you have moved to a new
residence address in ____ County. You will remain registered to vote
at your old address unless you notify our office that the address to
which this card was mailed is a change of your permanent residence.
Please notify our office in writing by returning the attached
postage-paid postcard. If this is not a permanent residence, and you
do not wish to change your address for voting purposes, please
disregard this notice."
(f) The county elections official shall take all of the following
actions as appropriate:
(1) If a voter responds to the forwardable notice sent pursuant to
subdivision (e) or otherwise verifies in a signed writing that he or
she has moved to a new residence address within the same county, the
county elections official shall verify the signature on the response
by comparing it to the signature on file for the voter and, if
appropriate, correct the voter's registration with the new residence
address.
(2) If a voter responds to the forwardable notice sent pursuant to
subdivision (e) or otherwise verifies in a signed writing that he or
she has moved to a new residence address in another county, the
county elections official shall verify the signature on the response
by comparing it to the signature on file for the voter and, if
appropriate, cancel the voter's registration in the county from which
the voter has moved.
(3) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e) and does not otherwise verify in a signed
writing that he or she has moved to a new residence address, the
elections official shall not place the voter's name on the inactive
file of registered voters or cancel the voter registration.
(g) For purposes of this section, "consumer credit reporting
agency" has the same meaning as set forth in subdivision (d) of
Section 1785.3 of the Civil Code.
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
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. 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 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 ballot, he or she shall deliver by mail or in person the
appropriate ballot. The ballot may be delivered to the applicant or
an authorized representative of the 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 authorized representative of the applicant only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant, and affirms that 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
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 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, 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 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 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) A vote by mail 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 a member of a
precinct board at a polling place within the jurisdiction. However, a
vote by mail voter who is unable to return the ballot may designate
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 a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of 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.
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.