AB 1157, as introduced, Jones. Elections: voting procedures.
(1) Existing law requires that the identification envelope for returning a vote by mail ballot contain specified information and 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 additionally require that the identification envelope include the last 4 digits of the voter’s California driver’s license or identification card number or, if unavailable, the last 4 digits of the voter’s social security number and a security flap that would conceal the voter’s identification information during mailing. The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested to satisfy this provision. The bill would require the elections official to verify the accuracy of the identification information before counting the vote.
The bill would make an exception from the deadline for returning a vote by mail ballot for specified members of the military stationed outside of the United States, instead requiring that their vote by mail ballot be postmarked or signed and dated on or before election day and received by their elections official not later than 21 days after election day.
Because the bill would impose additional duties on elections officials, it would impose a state-mandated local program.
(2) Existing law requires that a person desiring to vote announce his or her name and address to a precinct worker at the polling place.
This bill would also require a person who desires to vote to show specified proof of identification. The bill would authorize a person who does not have proof of identification to vote a provisional ballot after completing an affidavit under penalty of perjury that he or she is a registered voter. The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested for satisfying the voter identification requirement.
By imposing additional duties on elections officials and creating new crimes, the bill would impose a state-mandated local program.
(3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known and may be cited as the
2Vote SAFE: Secure and Fair Elections Act.
Section 3011 of the Elections Code is amended to read:
(a) The identification envelope shall contain all of the
5followingbegin insert informationend insert:
6(1) A declaration, under penalty of perjury, stating that the voter
7resides within the precinct in which he or she is voting and is the
8person whose name appears on the envelope.
9(2) The signature of the voterbegin insert and the last four digits of the
10voter’s California driver’s license number or California
11identification card number or, if the voter has neither, the last four
12digits of the voter’s social
security number. The signature and
P3 1numeric identifying information must be verified as consistent with
2the voter’s state or federal records before counting the ballotend insert.
3(3) The residence address of the voter as shown on the affidavit
4of registration.
5(4) The date of signing.
6(5) A notice that the envelope contains an official ballot and is
7to be opened only by the canvassing boardbegin insert if the signature and
8numeric identifying information are verifiedend insert.
9(6) A warning plainly stamped or printed on it that voting twice
10constitutes a crime.
11(7) A warning plainly stamped
or printed on it that the voter
12must sign the envelope in his or her own handwriting in order for
13the ballot to be counted.
14(8) A statement that the voter has neither applied, nor intends
15to apply, for a vote by mail voter’s ballot from any other
16jurisdiction for the same election.
17(9) The name of the person authorized by the voter to return the
18vote by mail ballot pursuant to Section 3017.
19(10) The relationship to the voter of the person authorized to
20return the vote by mail ballot.
21(11) The signature of the person authorized to return the vote
22by mail ballot.
23(12) A security flap or sleeve to conceal the voter’s signature
24and identifying information during mailing.
25(b) Except at a primary election for partisan office, and
26notwithstanding any other provision of law, the vote by mail voter’s
27party affiliation may not be stamped or printed on the identification
28envelope.
29(c) An elections official shall verify that the information provided
30pursuant to paragraph (2) of subdivision (a) is from the California
31driver’s license or California identification card or social security
32number issued to the voter submitting the vote by mail ballot before
33the vote may be counted.
Section 3117.5 is added to the Elections Code, to read:
Notwithstanding Section 3020, 3117, or 4103, or any
36other provision of law, a vote by mail ballot of a member of the
37Armed Forces of the United States who is an “absent uniformed
38services voter,” as defined in subsection (1) of Section 1973ff-6
39of Title 42 of the United States Code, shall be timely cast if
40postmarked or signed and dated on or before election day and
P4 1received by the voter’s elections official not later than 21 days
2after election day.
Section 14216.5 is added to the Elections Code, to
4read:
(a) Prior to receiving a ballot, a voter shall present
6to a member of the precinct board proof of identification that
7satisfies all of the following requirements:
8(1) The document shows the name of the individual to whom
9the document was issued, and the name conforms to the name in
10the individual’s voter registration record.
11(2) The document shows a photograph of the individual
12presenting the identification.
13(3) The document includes an expiration date, and the document
14is not expired at the time of voting or expired less than two years
15prior to the general election.
16(4) The document was issued by the United States or the State
17of California or is a valid tribal member identification card issued
18by an Indian tribe recognized by the United States government.
19(b) If a voter is unable to, or refuses to, provide proof of
20identification pursuant to subdivision (a), he or she may execute
21a declaration, certified to be correct under penalty of perjury,
22declaring that he or she is registered to vote. Upon execution of
23the declaration, the voter shall be issued a provisional ballot
24pursuant to Section 14310 and an envelope to be completed in the
25same manner as a vote by mail envelope.
Section 14902.5 is added to the Vehicle Code, to read:
The fee for an original or replacement identification
28card shall be waived for a person who requests the identification
29card for purposes of satisfying the requirement of Section 3011 or
3014216.5 of the Elections Code.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.
P5 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs
shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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