Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1135


Introduced by Assembly Member Mullin

February 22, 2013


An act to amend Sectionbegin delete 3004end deletebegin insert 3106end insert ofbegin insert, and to repeal and add Section 3019 of,end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1135, as amended, Mullin. Vote by mailbegin insert ballotsend insert:begin delete military or overseas votersend deletebegin insert signature verificationend insert.

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Existing law sets forth procedures for processing vote by mail ballots and requires that a county elections official, upon receiving a vote by mail ballot, compare the signature on the vote by mail ballot’s identification envelope with the signature on the voter’s affidavit of registration or the signature on the voter’s application for a vote by mail ballot, as specified.

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This bill would revise and recast these provisions and would provide that a county elections official would also be permitted to compare the signature on the identification envelope with the signature appearing on any supporting document that contains the voter’s signature and is part of the voter’s registration record.

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Existing law sets forth procedures for voting by military or overseas voters, as defined, and permits a military or overseas voter to return his or her ballot by facsimile transmission, accompanied by an oath of voter declaration that includes the voter’s signature. Existing law requires that a county elections official, upon receiving the ballot of a military or overseas voter returned by facsimile transmission, compare the signature on the oath of voter declaration with the signature on the voter’s affidavit of registration.

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This bill would provide that a county elections official would also be permitted to compare the signature on the oath of voter declaration with the signature appearing on any supporting document that contains the voter’s signature and is part of the voter’s registration record.

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Existing law requires a county elections official to place a notice in any office within the county where applications are taken for federal passports or where military enlistments are received to inform potential military or overseas voters of their right to a vote by mail voter’s ballot and where registration materials and application forms can be obtained.

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This bill would additionally require the elections official to place the notice in any office within the county where county or municipal fines can be paid.

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By increasing the duties of local elections officials, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 3019 of the end insertbegin insertElections Codeend insertbegin insert is repealed.end insert

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2

3019.  

Upon receipt of the vote by mail ballot the elections
3official shall compare the signature on the envelope with that
4appearing on the affidavit of registration and, if they compare,
5deposit the ballot, still in the identification envelope, in a ballot
6container in his or her office. A variation of the signature caused
7by the substitution of initials for the first or middle name, or both,
8shall not invalidate the ballot. If the ballot is rejected because the
9signatures do not compare, the envelope shall not be opened and
10the ballot shall not be counted. The cause of the rejection shall be
11written on the face of the identification envelope.

P3    1If the elections official has compared the signature of the voter’s
2application with the affidavit pursuant to Section 3009, the
3application may be used rather than the affidavit to make the
4signature check required by this section.

5No ballot shall be removed from its identification envelope until
6the time for processing. No ballot shall be rejected for cause after
7the envelope has been opened.

8In determining from the records of registration if the signature
9and residence address on the identification envelope appear to be
10the same as that on the affidavit of registration, the elections official
11or registrar of voters may use the duplicate file of affidavits of
12registered voters or the facsimiles of voters’ signatures, provided
13that the method of preparing and displaying the facsimiles complies
14with the law.

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15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 3019 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert

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16

begin insert3019.end insert  

(a) Upon receipt of a vote by mail ballot, the elections
17official shall compare the signature on the identification envelope
18with any of the following to determine whether the signatures
19compare:

20(1) The signature appearing on the voter’s affidavit of
21registration.

22(2) The signature appearing on the voter’s vote by mail ballot
23application, provided the elections official has compared the
24signature on the voter’s vote by mail ballot application with the
25signature on the voter’s affidavit of registration pursuant to Section
263009.

27(3) The signature appearing on any supporting document that
28contains the voter’s signature and is part of the voter’s registration
29record.

30(b) In comparing signatures pursuant to subdivision (a), the
31elections official may use the duplicate file of affidavits of
32registered voters or facsimiles of voters’ signatures, provided that
33the method of preparing and displaying the facsimiles complies
34with the law.

35(c) (1) If upon conducting the comparison of signatures pursuant
36to subdivision (a) the elections official determines that the
37signatures compare, he or she shall deposit the ballot, still in the
38identification envelope, in a ballot container in his or her office.

39(2) If upon conducting the comparison of signatures pursuant
40to subdivision (a) the elections official determines that the
P4    1signatures do not compare, the identification envelope shall not
2be opened and the ballot shall not be counted. The cause of the
3rejection shall be written on the face of the identification envelope.

4(d) The variation of a signature caused by the substitution of
5initials for the first or middle name, or both, shall not be grounds
6for the elections official to determine that the signatures do not
7compare.

8(e) A ballot shall not be removed from its identification envelope
9until the time for processing ballots. A ballot shall not be rejected
10for cause after the identification envelope has been opened.

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11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 3106 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

12

3106.  

(a)A military or overseas voter who is living outside
13
of the territorial limits of the United States or the District of
14
Columbia, or is called for military service within the United States
15
on or after the final date to make application for a vote by mail
16
ballot, may return his or her ballot by facsimile transmission. To
17
be counted, the ballot returned by facsimile transmission shall be
18
received by the voter’s elections official no later than the closing
19
of the polls on election day and shall be accompanied by an
20
identification envelope containing all of the information required
21
by Section 3011 and an oath of voter declaration in substantially
22
the following form:
23

 

OATH OF VOTER

I,   , acknowledge that by returning my voted

ballot by facsimile transmission I have waived my right to have my ballot
kept secret. Nevertheless, I understand that, as with any vote by mail
voter, my signature, whether on this oath of voter form or my identification
envelope, will be permanently separated from my voted ballot to maintain
its secrecy at the outset of the tabulation process and thereafter.


My residence address is
   .

 (Street Address)(City)(ZIP Code)


My current mailing address is
   .

 (Street Address)(City)(ZIP Code)


My email address is _________________. My facsimile transmission
number is _________________.


I am a resident of __________ County, State of California, or am qualified
as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of
the Elections Code and I have not applied, nor intend to apply, for a vote by
mail ballot from any other jurisdiction for the same election.


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Dated this __________ day of ______, 20_____.


(Signature)   

             voter  (power of attorney cannot be accepted)


YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED
BY FACSIMILE TRANSMISSION.

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20(b) Notwithstanding the voter’s waiver of the right to a secret
21ballot, each elections official shall adopt appropriate procedures
22to protect the secrecy of ballots returned by facsimile transmission.

23(c) Upon receipt of a ballot returned by facsimile transmission,
24the elections official shall determine the voter’s eligibility to vote
25by comparing the signature on the return information with the
26signature on the voter’s affidavit of registrationbegin insert or any supporting
27document that contains the voter’s signature and is part of the
28voter’s registration recordend insert
. The ballot shall be duplicated and all
29materials preserved according to procedures set forth in this code.

30(d) Notwithstanding subdivision (a), a military or overseas voter
31who is permitted to return his or her ballot by facsimile
32transmission is, nonetheless, encouraged to return his or her ballot
33by mail or in person if possible. A military or overseas voter should
34return a ballot by facsimile transmission only if doing so is
35necessary for the ballot to be received before the close of polls on
36election day.

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37

SECTION 1.  

Section 3004 of the Elections Code is amended
38to read:

39

3004.  

The county elections official shall place a notice in any
40office within the county where applications are taken for federal
P6    1passports, where military enlistments are received, or where county
2or municipal fines can be paid to inform potential military or
3overseas voters of their right to a vote by mail voter’s ballot and
4where registration materials and application forms can be obtained.

5

SEC. 2.  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

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