BILL NUMBER: AB 269 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
AMENDED IN ASSEMBLY MARCH 14, 2013
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
amend Sections 3020, 3117, and 4103 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 269, as amended, Grove. Vote by mail ballots: military
or overseas voters. Vote by mail ballots.
Existing law makes the vote by mail ballot available to any
registered voter. Existing law requires that those vote by mail
ballots be received by the elections officials from whom they were
obtained or by the precinct boards before the polls close on election
day in order to be counted.
Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is received by the
voter's elections official no later than 3 days after election day
and the ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
Because the bill would expand 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.
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 3 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 3020 of the
Elections Code is amended to read:
3020. (a) All vote by mail ballots cast
under this division shall be received by the elections official from
whom they were obtained or by the precinct board no later than the
close of the polls on election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and the ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
SEC. 2. Section 3117 of the Elections
Code is amended to read:
3117. A valid ballot cast shall be counted if it is received by
the elections official by the time the polls close on the
day of the election. in accordance with Section 3020.
SEC. 3. Section 4103 of the Elections
Code is amended to read:
4103. (a) Notwithstanding Section 3020,
ballots cast under this chapter shall be returned to the elections
official from whom they were obtained no later than 8 p.m. on
election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and the ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
SEC. 4. 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 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 three 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.