BILL NUMBER: AB 2080	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2012

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 23, 2012

   An act to amend Section  11105   3017 
of the Elections Code, relating to recall elections 
 vote by mail ballots  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2080, as amended, Gordon.  Recall elections: state
officers: signature verification.   Vote by mail
ballots.  
   Existing law creates vote by mail ballots. After marking the
ballot, vote by mail voters are required to return their ballots by
mail or in person to the elections official from whom it came or in
person to a member of a precinct board at a polling place within the
jurisdiction. A vote by mail voter who is unable to return his or her
ballot due to illness or physical disability may designate his or
her spouse, child, parent, grandparent, grandchild, brother, sister,
or a person residing in the same household to return the ballot to
the specified elections official or precinct board member.  

   This bill would eliminate the requirement that a vote by mail
voter be ill or physically disabled in order to designate one of the
above-mentioned persons to return his or her marked ballot. 

   (1) Existing provisions of the California Constitution and statute
authorize the recall of state officers. Each section of a recall
petition is required to be filed with the elections official of the
county in which it was circulated. Existing law requires the
elections official to report to the Secretary of State, 30 days after
a recall has been initiated and every 30 days thereafter, the number
of signatures submitted on the recall petition sections, the number
of valid signatures, and related information. Upon the submission of
a section of a recall petition, if fewer than 500 signatures are
submitted to the elections official, the elections official is
required to count the number of signatures and submit those results
to the Secretary of State. If 500 or more signatures are submitted to
the elections official, the elections official may verify, using a
random sampling technique, either 3% of the signatures submitted or
500 signatures, whichever is less, and report the results of that
verification to the Secretary of State.  
   This bill would instead provide that if 500 or more signatures are
submitted to the elections official, the elections official may
verify, using a random sampling technique, either 3% of the
signatures submitted or 500 signatures, whichever is greater. By
increasing the duties of local election officials, the bill would
impose a state-mandated local program.  
   (2) 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 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 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 to return the ballot to the
elections official from whom it came or to the precinct board at
 any   a  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   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. 
  SECTION 1.    Section 11105 of the Elections Code
is amended to read:
   11105.  Upon each submission, if fewer than 500 signatures are
submitted to the elections official, he or she shall count the number
of signatures and submit those results to the Secretary of State. If
500 or more signatures are submitted, the elections official may
verify, using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is greater. The random sample
of signatures to be verified shall be drawn in a manner that every
signature filed with the elections official shall be given an equal
opportunity to be included in the sample. Upon completion of the
signature verification, the elections official shall report the
results to the Secretary of State pursuant to Section 11104.
 
  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.