California Legislature—2013–14 Regular Session

Assembly Bill No. 1417

Introduced by Committee on Elections and Redistricting (Fong (Chair), Bocanegra, Bonta, Hall, Logue, and Perea)

March 20, 2013

An act to amend Sections 303.3, 3004, 3114, 10735, 13306, 13309, and 19206 of, to add Section 8147.5 to, and to repeal Section 13301 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1417, as introduced, Committee on Elections and Redistricting. Elections.

(1) Existing law defines a “ballot marking system” as any mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a ballot for a special absentee voter, as specified. Existing law requires a county elections official to place a notice in any office within the county, as specified, to inform potential special absentee 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 revise those provisions by replacing the references to a special absentee voter with a military or overseas voter.

(2) Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law requires an elections official, not sooner than 60 days but not later than 45 days before an election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, to transmit a ballot and balloting materials to each military or overseas voter who by that date submits a valid ballot application.

This bill would eliminate the requirement that, if the 45th day before the election is a weekend or holiday, the elections official transmit a ballot and balloting materials to the military or overseas voter not later than the business day preceding the 45th day.

(3) Existing law requires the Secretary of State, at least 5 days prior to sending county elections officials a certified list of candidates for each partisan office or voter-nominated office at a primary election, to notify each candidate for those offices of the names, addresses, offices, occupations, and party preferences of all other persons who have filed for the same office. Existing law authorizes a candidate to change his or her ballot designation at least 98 days prior to the general election, as specified.

This bill would require the Secretary of State, not less than 73 days, and not more than 98 days, before a general election, to notify each candidate for a partisan office or voter-nominated office of the names, addresses, offices, ballot designation, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election.

(4) Existing law establishes the procedures for nomination and election of candidates at a special election to fill vacancies in the House of Representatives caused by a catastrophe. Existing law requires a county elections official, under specified circumstances, to deliver vote by mail ballots requested pursuant to existing statutory provisions pertaining to military or overseas voters within 15 days, as specified. Existing law requires a vote by mail ballot cast pursuant to the provisions pertaining to military or overseas voters to be received by the elections official not later than 45 days after the date on which the ballot was transmitted to the voter. Existing law permits the Secretary of State to extend specified election deadlines for a reasonable period of time to facilitate the tabulating and processing of vote by mail ballots cast by military or overseas voters.

This bill would correct erroneous statutory cross-references pertaining to vote by mail ballots cast by military or overseas voters.

(5) Existing law requires the county elections official to prepare a list of candidates for presidential delegates for each political party, submit a copy of the list to the chairperson of the county central committee of the political party, and post a copy of the list in the elections official’s office.

This bill would repeal these requirements.

(6) Existing law requires an elections official to send to each voter, together with a sample ballot, a voter’s pamphlet that contains the written statements of candidates for nonpartisan elective office in a local agency. Existing law authorizes local agencies to charge to the candidate in advance a fee to cover the costs of printing, handling, translating, and mailing the candidate statement. Existing law exempts indigent candidates from paying the fee in advance, but specifically provides that nothing prohibits an elections official from billing the candidate after the election.

This bill would provide instead that nothing prohibits the local agency from billing the candidate after the election.

(7) Existing law requires the Secretary of State to approve voting systems as meeting specified criteria. Existing law prohibits a jurisdiction purchasing or using a voting system that has not been approved by the secretary. Existing law authorizes the secretary to employ not more than 3 expert technicians to assist the secretary in examining voting systems that seek approval for use.

This bill would remove the limitation on the number of technicians that the secretary may employ for these purposes. The bill would also authorize the secretary to employ technician firms to assist the secretary in examining voting systems.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 303.3 of the Elections Code is amended
to read:

303.3.  

“Ballot marking system” means begin delete any end delete begin insert a end insert mechanical,
electromechanical, or electronic system and its software that is
used for the sole purpose of marking a ballot for a begin delete special absentee end delete
begin insert military or overseas end insert voter and is not connected to a voting system
at any time.

SEC. 2.  

Section 3004 of the Elections Code is amended to read:

3004.  

begin delete The end delete begin insert A end insert county elections official shall place a notice in
begin delete any end delete begin insert an end insert office within the county where applications are taken for
federal passports or where military enlistments are received to
inform potential begin delete special absentee end delete begin insert military or overseas end insert voters of
their right to a vote by mail voter’s ballot and where begin insert to obtain end insert
registration materials and application forms begin delete can be obtained end delete .

SEC. 3.  

Section 3114 of the Elections Code is amended to read:

3114.  

(a) For an election for which this state has not received
a waiver pursuant to the Military and Overseas Voter
Empowerment Act (42 U.S.C. Sec. 1973ff et seq.), not sooner than
60 days but not later than 45 days before the election begin delete or, if the 45th
day before the election is a weekend or holiday, not later than the
business day preceding the 45th day end delete , the elections official shall
transmit a ballot and balloting materials to each military or overseas
voter who by that date submits a valid begin insert ballot end insert application pursuant
to Section 3102.

(b) If a begin insert valid end insert ballot application from a military or overseas voter
arrives after the 45th day before the election, the elections official
charged with distributing a ballot and balloting materials to that
voter shall transmit them to the voter as soon as practicable after
the application arrives.

SEC. 4.  

Section 8147.5 is added to the Elections Code, to read:

8147.5.  

Not less than 73 days, and not more than 90 days,
before the general election, the Secretary of State shall notify each
candidate for partisan office and voter-nominated office of the
names, addresses, offices, ballot designations, and party preferences
of all other persons whose names are to appear on the ballot for
the same office at the general election.

SEC. 5.  

Section 10735 of the Elections Code is amended to
read:

10735.  

(a) (1) In the case of a special election due to a
catastrophe that causes a vacancy in at least 101 offices of the
United States House of Representatives, the county elections
official shall, to the greatest extent practicable, deliver vote by
mail ballots requested pursuant to Chapter begin delete 4 end delete begin insert 2 end insert (commencing with
Section begin delete 3300) end delete begin insert 3101) end insert of Division 3 not later than 15 days after the
date on which the Speaker of the United States House of
Representatives announces the vacancy.

(2) In the case of a special election due to a catastrophe that
causes a vacancy in at least one-fourth of the total offices of the
United States House of Representatives representing California
but not a vacancy in at least 101 of the offices of the United States
House of Representatives, the county elections official shall, to
the greatest extent practicable, deliver vote by mail ballots
requested pursuant to Chapter begin delete 4 end delete begin insert 2 end insert (commencing with Section begin delete 3300) end delete
begin insert 3101) end insert of Division 3 not later than 15 days after the date on which
the Governor issues the proclamation calling the election to fill
the vacancy.

(b) A vote by mail ballot cast pursuant to Chapter begin delete 4 end delete begin insert 2 end insert
(commencing with Section begin delete 3300) end delete begin insert 3101) end insert of Division 3 in a special
general election conducted pursuant to this chapter shall be
postmarked not later than the date of the election, shall be received
by the county elections official not later than 45 days after the date
on which the elections official transmitted the ballot to the voter,
and shall comply with all other relevant requirements of this code.

(c) Notwithstanding any other provision of law, any deadlines
relating to canvassing, announcement of election results, or
certification of election results may be extended for a reasonable
period of time to facilitate the tabulating and processing of ballots
cast pursuant to Chapter begin delete 4 end delete begin insert 2 end insert (commencing with Section begin delete 3300) end delete
begin insert 3101) end insert of Division 3. An extension of a deadline pursuant to this
section must be authorized by the Secretary of State.

SEC. 6.  

Section 13301 of the Elections Code is repealed.

begin delete

13301.  

(a) At the time the county elections official prepares
sample ballots for the presidential primary, he or she shall also
prepare a list with the name of candidates for delegates for each
political party. The names of the candidates for delegates of any
political party shall be arranged upon the list of candidates for
delegates of that party in parallel columns under their preference
for President. The order of groups on the list shall be alphabetical
according to the names of the persons they prefer to appear upon
the ballot. Each column shall be headed in boldface 10-point,
gothic type as follows: “The following delegates are pledged to
____.” (The blank being filled in with the name of that candidate
for presidential nominee for whom the members of the group have
expressed a preference.) The names of the candidates for delegates
shall be printed in eight-point, roman capital type.

(b) Copies of the list of candidates for delegates of each party
shall be submitted by the county elections official to the
chairperson of the county central committee of that party, and the
county elections official shall post a copy of each list in a
conspicuous place in his or her office.

end delete

SEC. 7.  

Section 13306 of the Elections Code is amended to
read:

13306.  

Notwithstanding Sections 13300, begin delete 13301, end delete 13303, and
13307, sample ballots and candidates’ statements need not be
mailed to voters who registered after the 54th day before an
election, but all of these voters shall receive polling place notices
and state ballot pamphlets. A state ballot pamphlet is not required
to be mailed to a voter who registered after the 29th day prior to
an election. Each of these voters shall receive a notice in bold print
that states: “Because you are a late registrant, you are not receiving
a sample ballot or candidates’ statements.”

SEC. 8.  

Section 13309 of the Elections Code is amended to
read:

13309.  

(a) Notwithstanding Section 13307, if a candidate
alleges to be indigent and unable to pay in advance the requisite
fee for submitting a candidate statement, the candidate shall submit
to the local agency a statement of financial worth to be used in
determining whether or not he or she is eligible to submit a
candidate statement without payment of the fee in advance.

(b) The statement of financial worth required by this section
shall be submitted by the candidate together with his or her
candidate statement in accordance with the deadline specified in
Section 13307. The statement of financial worth form shall be
furnished by the local agency, and may include questions relating
to the candidate’s employer, income, real estate holdings, tangible
personal property, and financial obligations. The candidate shall
certify the content of the statement as to its truth and correctness
under penalty of perjury. The candidate shall also sign a release
form of the candidate’s most recent federal income tax report.

(c) Upon receipt of a statement of financial worth, a
determination shall be made by the local agency of whether or not
the candidate is indigent. The local agency shall notify the
candidate of its findings.

(d) If it is determined that the candidate is not indigent, the
candidate shall, within three days of the notification, excluding
Saturdays, Sundays, and state holidays, withdraw the statement or
pay the requisite fee. If the candidate fails to respond within the
time prescribed, the local agency shall not be obligated to print
and mail the statement.

(e) If the local agency determines that the candidate is indigent,
the local agency shall print and mail the statement.

(f) Nothing in this section shall prohibit the begin delete elections official end delete
begin insert local agency end insert from billing the candidate his or her actual pro rata
share of the cost after the election.

SEC. 9.  

Section 19206 of the Elections Code is amended to
read:

19206.  

For the purpose of assistance in examining a voting
system begin insert , end insert the Secretary of State may employ begin delete not more than three end delete
expert electronic technicians begin insert or technician firms end insert at a cost to be set
by the Secretary of State. The compensation of the electronic
technicians begin insert or technician firms end insert shall be paid by the person or
corporation submitting the machine or device.

The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges. The Secretary
of State may deposit the funds in an appropriate treasury trust
account and, within 30 days after his or her report of examination,
draw a refund check to the credit of the person or corporation for
any amount in excess of costs.