BILL NUMBER: AB 1135 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE JUNE 25, 2013
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 22, 2013
An act to amend Section 3106 of, and to repeal and add Section
3019 of, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1135, Mullin. Vote-by-mail ballots: 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 a form issued by an elections official that
contains the voter's signature, that is part of the voter's
registration record, and that the elections official has determined
meets specified criteria.
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 the form issued by the
elections official that is described above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3019 of the Elections Code is repealed.
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 either of the following to determine whether the signatures
compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature, that is part of the
voter's registration record, and that the elections official has
determined compares with the signature on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
The elections official may make this determination by reviewing a
series of signatures appearing on official forms in the voter's
registration record that have been determined to compare, that
demonstrates the progression of the voter's signature, and makes
evident that the signature on the identification envelope is that of
the voter.
(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 signature
permitted for comparison under Section 3019. 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.