BILL NUMBER: SB 1083	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator La Malfa

                        FEBRUARY 14, 2012

   An act to amend Section 15104 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1083, as introduced, La Malfa. Elections: vote by mail ballot
processing.
   Existing law provides that specified persons may observe and
challenge the manner in which vote by mail ballots are handled and
processed by county elections officials, and requires that vote by
mail voter observers be permitted sufficiently close access to
observe vote by mail ballot return envelopes and the signatures
thereon.
   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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  to  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.