BILL NUMBER: AB 1135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 22, 2013
An act to amend Section 3004 3106 of
, and to repeal and add Section 3019 of, the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1135, as amended, Mullin. Vote by mail ballots :
military or overseas voters signature
verification .
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.
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.
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.
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.
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.
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.
By increasing the duties of local elections officials, the bill
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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3019 of the
Elections Code is repealed.
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as that on the affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
SEC. 2. Section 3019 is added to the
Elections Code , to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with any of the following to determine whether the signatures
compare:
(1) The signature appearing on the voter's affidavit of
registration.
(2) The signature appearing on the voter's vote by mail ballot
application, provided the elections official has compared the
signature on the voter's vote by mail ballot application with the
signature on the voter's affidavit of registration pursuant to
Section 3009.
(3) The signature appearing on any supporting document that
contains the voter's signature and is part of the voter's
registration record.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use the duplicate file of affidavits of
registered voters or facsimiles of voters' signatures, provided that
the method of preparing and displaying the facsimiles complies with
the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 3. Section 3106 of the Elections
Code is amended to read:
3106. (a) A military or overseas voter who is living outside of
the territorial limits of the United States or the District of
Columbia, or is called for military service within the United States
on or after the final date to make application for a vote by mail
ballot, may return his or her ballot by facsimile transmission. To be
counted, the ballot returned by facsimile transmission shall be
received by the voter's elections official no later than the closing
of the polls on election day and shall be accompanied by an
identification envelope containing all of the information required by
Section 3011 and an oath of voter declaration in substantially the
following form:
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.
(b) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration or any
supporting document that contains the voter's signature and is part
of the voter's registration record . The ballot shall be
duplicated and all materials preserved according to procedures set
forth in this code.
(d) Notwithstanding subdivision (a), a military or overseas voter
who is permitted to return his or her ballot by facsimile
transmission is, nonetheless, encouraged to return his or her ballot
by mail or in person if possible. A military or overseas voter should
return a ballot by facsimile transmission only if doing so is
necessary for the ballot to be received before the close of polls on
election day.
SECTION 1. Section 3004 of the Elections Code
is amended to read:
3004. The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports, where military enlistments are received, or where county
or municipal fines can be paid 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.
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.