BILL NUMBER: AB 1417 CHAPTERED
BILL TEXT
CHAPTER 560
FILED WITH SECRETARY OF STATE OCTOBER 4, 2013
APPROVED BY GOVERNOR OCTOBER 4, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
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, 3122, 3201, 3203,
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, 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) Under existing law, if a mistake or omission of a military or
overseas voter in completing a document does not prevent determining
whether the military or overseas voter is eligible to vote, the
mistake or omission does not invalidate the document. Provisions of
existing law specify that the failure to satisfy a nonsubstantive
requirement does not invalidate a document submitted by a military or
overseas voter, and that notarization is not required for the
execution of a document.
This bill would delete those provisions.
(4) Existing law permits any voter to apply for permanent absent
voter status if the voter completes an application containing the
required information in accordance with specified statutory
provisions and establishes provisions applicable to absent voters and
permanent absent voters. Existing law requires, upon receipt of an
application for permanent vote by mail status, the county elections
official to process the application in the same manner as an
application for a vote by mail ballot, or, in the case of an
application made pursuant to specified provisions of law, in the same
manner as an application for a special absent voter ballot or
overseas ballot.
This bill would correct erroneous cross-references pertaining to
applications for permanent vote by mail status.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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. The bill would provide that
this provision would become inoperative if Senate Bill 360 and this
bill are both chaptered and become effective January 1, 2014.
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 a mechanical,
electromechanical, or electronic system and its software that is used
for the sole purpose of marking a ballot for a military or overseas
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. A county elections official shall place a notice in an
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 to obtain registration materials and
application forms.
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, the elections official shall
transmit a ballot and balloting materials to each military or
overseas voter who by that date submits a valid ballot application
pursuant to Section 3102.
(b) If a valid 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 3122 of the Elections Code is amended to read:
3122. (a) If a military or overseas voter's mistake or omission
in the completion of a document under this chapter does not prevent
determining whether a military or overseas voter is eligible to vote,
the mistake or omission does not invalidate the document. In a
write-in ballot authorized by this chapter, if the intention of the
voter is discernible under this state's uniform definition of what
constitutes a vote and the ballot is eligible to be counted pursuant
to Sections 3019 and 3106, an abbreviation, misspelling, or other
minor variation in the form of the name of a candidate or a political
party shall be accepted as a valid vote.
(b) An authentication, other than the declaration specified in
Section 3106 or 3118 or the declaration on the federal postcard
application and federal write-in absentee ballot, is not required for
execution of a document under this chapter. The declaration and any
information in the declaration may be compared with information on
file to ascertain the validity of the document.
SEC. 5. Section 3201 of the Elections Code is amended to read:
3201. Any voter may apply for permanent vote by mail status.
Application for permanent vote by mail status shall be made in
accordance with Section 3001 or 3102. The voter shall complete an
application, which shall be available from the county elections
official, and which shall contain all of the following:
(a) The applicant's name at length.
(b) The applicant's residence address.
(c) The address where the ballot is to be mailed, if different
from the place of residence.
(d) The signature of the applicant.
SEC. 6. Section 3203 of the Elections Code is amended to read:
3203. (a) Upon receipt of an application for permanent vote by
mail status, the county elections official shall process the
application in the same manner as an application for a vote by mail
ballot, or, in the case of an application made pursuant to Section
3102, in the same manner as an application for a special absent voter
ballot or overseas ballot.
(b) In addition to processing applications in accordance with
Chapter 1 (commencing with Section 3000), if it is determined that
the applicant is a registered voter, the county elections official
shall do the following:
(1) Place the voter's name upon a list of those to whom a vote by
mail ballot is sent each time there is an election within their
precinct.
(2) Include in all vote by mail mailings to the voter an
explanation of the vote by mail procedure and an explanation of
Section 3206.
(3) Maintain a copy of the vote by mail ballot list on file open
to public inspection for election and governmental purposes.
SEC. 7. 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. 8. 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 2 (commencing with Section
3101) 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 2 (commencing with Section 3101) 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 2 (commencing
with Section 3101) 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 2 (commencing with Section 3101) of
Division 3. An extension of a deadline pursuant to this section must
be authorized by the Secretary of State.
SEC. 9. Section 13301 of the Elections Code is repealed.
SEC. 10. Section 13306 of the Elections Code is amended to read:
13306. Notwithstanding Sections 13300, 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. 11. 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 local agency from
billing the candidate his or her actual pro rata share of the cost
after the election.
SEC. 12. Section 19206 of the Elections Code is amended to read:
19206. For the purpose of assistance in examining a voting
system, the Secretary of State may employ expert electronic
technicians or technician firms at a cost to be set by the Secretary
of State. The compensation of the electronic technicians or
technician firms 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.
SEC. 13. Section 12 of this bill shall become inoperative if (1)
this bill and Senate Bill 360 are both enacted and become effective
on or before January 1, 2014, and (2) Senate Bill 360 repeals and
adds Section 19206 to the Elections Code.