Amended in Assembly April 16, 2013

Amended in Assembly April 1, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 269

Introduced by Assembly Members Grove and Patterson

(Principal coauthor: Assembly Member Eggman)

(Coauthors: Assembly Members Chávez, Beth Gaines, Harkey, Maienschein, and Wilk)

(Coauthors: Senators Anderson, Fuller, and Nielsen)

February 7, 2013

An act to repeal and add Section 3117 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 269, as amended, Grove. Vote by mail ballots: military or overseas voters.

Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day.

This bill would make an exception for military or overseas voters, as defined, and would instead require that their vote by mail ballots be postmarked by the United States Postal Service or the Military Postal Service Agency on or before election day and received by their elections officials no later than begin delete 10 end delete begin insert 3 end insert days after election day.

Because the bill would impose additional duties on 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Section 3117 of the Elections Code is repealed.

SEC. 2.  

Section 3117 is added to the Elections Code, to read:

3117.  

Notwithstanding Section 3020 or 4103, or any other law,
a vote by mail ballot of a military or overseas voter is timely cast
if it is postmarked by the United States Postal Service or the
Military Postal Service Agency on or before election day and
received by the voter’s elections official no later than begin delete 10 end delete begin insert three end insert
days after election day.

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.