BILL NUMBER: AB 2054 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2012
INTRODUCED BY Assembly Member Fong
FEBRUARY 23, 2012
An act to amend Section 83109 of the Government Code,
relating to the Political Reform Act of 1974 Sections
3017 and 15320 of the Elections Code, relating to elections .
LEGISLATIVE COUNSEL'S DIGEST
AB 2054, as amended, Fong. Fair Political Practices
Commission: civil service classification. Elections:
vote by mail ballots.
Existing law requires vote by mail ballots to be voted on or
before the day of the election. Existing law requires that a vote by
mail ballot be returned by mail or in person to the elections
official who issued the ballot or in person to a member of a precinct
board at a polling place within the jurisdiction, except as
specified.
This bill would authorize a voter to return his or her vote by
mail ballot to a precinct board at any polling place within the
state. The bill would require the elections official of a county
where a vote by mail ballot is returned, if the ballot is returned to
a polling place in a county other than the county of the elections
official who issued the ballot, to forward the ballot to the
elections official who issued the ballot. By imposing additional
duties on local elections officials, this bill would impose a
state-mandated local program.
Existing law requires that vote by mail ballots and mail ballot
precinct ballots returned to the elections office and to the polls on
election day and which are not included in the semifinal official
canvass phase of the election be processed and counted during the
official canvass, as specified.
This bill would specify that this requirement also applies to any
ballots that are returned to another jurisdiction in the state and
which are forwarded to the issuing jurisdiction as required by this
bill.
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 Political Reform Act of 1974 establishes the Fair Political
Practices Commission to implement the act's provisions. Under the
act, a nonclerical position in the Commission is not to be included
in the same civil service classification with any position of any
other department or agency.
This bill would correct an erroneous cross-reference in that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3017 of the
Elections Code is amended to read:
3017. (a) All vote by mail ballots 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 who issued the ballot
or (2) return the ballot in person to any member of a precinct board
at any polling place within the jurisdiction
state . 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 to return the ballot to the
elections official from whom it came who
issued the ballot or to the precinct board at any polling place
within the jurisdiction state . The
ballot must, however, be received by either the elections official
or the who issued the ballot or a
precinct board before the close of the polls on election day. If
a vote by mail ballot is returned to a precinct board at a polling
place located in a county that is not the county of the elections
official who issued the ballot, the elections official for the county
in which the vote by mail ballot is returned shall forward the
ballot to the elections official who issued the ballot.
(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 a ballot shall not be
counted if it is not delivered in compliance with this section.
(e) Notwithstanding subdivision (a), no a
vote by mail voter's ballot shall not be returned by
any a paid or volunteer worker of
any 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. However, this subdivision
shall does not apply to a candidate or a
candidate's spouse.
SEC. 2. Section 15320 of the Elections
Code is amended to read:
15320. Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day
that are not included in the semifinal official canvass phase of the
election , including any ballots returned to another
jurisdiction in the state and forwarded to the issuing jurisdiction
pursuant to Section 3017, shall be processed and counted during
the official canvass in the manner prescribed by Chapter 3
2 (commencing with Section 15100).
SEC. 3. 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.
SECTION 1. Section 83109 of the Government Code
is amended to read:
83109. For purposes of Section 19818.6 of the Government Code, a
nonclerical position under the Commission shall not be included in
the same class in the civil service classification plan with any
position of any other department or agency.