Amended in Senate August 4, 2014

Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2530

Introduced by Assembly Member Rodriguez

February 21, 2014

An act to amend Sections 3019, 14310, 15101, 15320, and 15350 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2530, as amended, Rodriguez. Ballot processing.

Existing law requires an elections official to compare the signature on the envelope of a vote by mail ballot, a mail ballot precinct ballot, or a provisional ballot with the signature that appears on the voter’s affidavit of registration, as specified. If the elections official determines that the signatures do not compare, existing law requires that the ballot be rejected, as specified.

This bill would provide that if a vote by mail ballot, mail ballot precinct ballot, or provisional ballot is processed using signature verification technology that determines the signatures do not compare, the elections official is required to visually examine and verify that the signatures do not compare before rejecting the ballot. By imposing additional duties on local elections officials, this bill would impose a state-mandated local program.

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This bill would incorporate additional changes to Section 15101 of the Elections Code proposed by SB 29, to be operative only if SB 29 and this bill are both chaptered and become effective January 1, 2015, and this bill is chaptered last.

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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. State-mandated local program: yes.

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

SECTION 1.  

Section 3019 of the Elections Code is amended
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) In comparing signatures pursuant to this section, an elections
official is authorized to use signature verification technology. If
signature verification technology determines the signatures do not
compare, the elections official shall not reject the ballot unless he
or she visually examines the signatures and verifies that the
signatures do not compare.

(f) 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. 2.  

Section 14310 of the Elections Code, as amended by
Section 1 of Chapter 611 of the Statutes of 2009, is amended to
read:

14310.  

(a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot
be immediately established upon examination of the index of
registration for the precinct or upon examination of the records on
file with the county elections official, shall be entitled to vote a
provisional ballot as follows:

(1) An elections official shall advise the voter of the voter’s
right to cast a provisional ballot.

(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter’s
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).

(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter desires
to vote.

(b) Once voted, the voter’s ballot shall be sealed in a provisional
ballot envelope, and the ballot in its envelope shall be deposited
in the ballot box. All provisional ballots voted shall remain sealed
in their envelopes for return to the elections official in accordance
with the elections official’s instructions. The provisional ballot
envelopes specified in this subdivision shall be a color different
than the color of, but printed substantially similar to, the envelopes
used for vote by mail ballots, and shall be completed in the same
manner as vote by mail envelopes.

(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures
on vote by mail ballots pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. If the signatures
do not compare or the provisional ballot envelope is not signed,
the ballot shall be rejected. A variation of the signature caused by
the substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.

(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official’s
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant’s right to vote; or (B)
the order of a superior court in the county of the voter’s residence.
A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. A fee shall not be charged to
the claimant by the clerk of the court for services rendered in an
action under this section.

(3) The provisional ballot of a voter who is otherwise entitled
to vote shall not be rejected because the voter did not cast his or
her ballot in the precinct to which he or she was assigned by the
elections official.

(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote
in his or her assigned precinct, the elections official shall count
the votes for the entire ballot.

(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote
in his or her assigned precinct, the elections official shall count
only the votes for the candidates and measures on which the voter
was entitled to vote in his or her assigned precinct.

(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter’s provisional ballot was counted and, if not, the
reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose of ensuring the uniform application of this section.

(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote
by mail voter’s ballot.

(g) Any existing supply of envelopes marked “special challenged
ballot” may be used until the supply is exhausted.

SEC. 3.  

Section 14310 of the Elections Code, as amended by
Section 3 of Chapter 497 of the Statutes of 2012, is amended to
read:

14310.  

(a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot
be immediately established upon examination of the index of
registration for the precinct or upon examination of the records on
file with the county elections official, shall be entitled to vote a
provisional ballot as follows:

(1) An elections official shall advise the voter of the voter’s
right to cast a provisional ballot.

(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter’s registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).

(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter desires
to vote.

(b) Once voted, the voter’s ballot shall be sealed in a provisional
ballot envelope, and the ballot in its envelope shall be deposited
in the ballot box. All provisional ballots voted shall remain sealed
in their envelopes for return to the elections official in accordance
with the elections official’s instructions. The provisional ballot
envelopes specified in this subdivision shall be of a color different
than the color of, but printed substantially similar to, the envelopes
used for vote by mail ballots, and shall be completed in the same
manner as vote by mail envelopes.

(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures
on vote by mail ballots pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. If the signatures
do not compare or the provisional ballot envelope is not signed,
the ballot shall be rejected. A variation of the signature caused by
the substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.

(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:

(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant’s right to vote.

(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170)
of Chapter 2 of Division 2.

(iii) Upon the order of a superior court in the county of the
voter’s residence.

(B)  A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. A fee shall not be charged to
the claimant by the clerk of the court for services rendered in an
action under this section.

(3) The provisional ballot of a voter who is otherwise entitled
to vote shall not be rejected because the voter did not cast his or
her ballot in the precinct to which he or she was assigned by the
elections official.

(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote
in his or her assigned precinct, the elections official shall count
the votes for the entire ballot.

(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote
in his or her assigned precinct, the elections official shall count
only the votes for the candidates and measures on which the voter
was entitled to vote in his or her assigned precinct.

(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter’s provisional ballot was counted and, if not, the
reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose of ensuring the uniform application of this section.

(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote
by mail voter’s ballot.

(g) Any existing supply of envelopes marked “special challenged
ballot” may be used until the supply is exhausted.

SEC. 4.  

Section 15101 of the Elections Code is amended to
read:

15101.  

(a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail
ballot return envelopes may include verifying the voter’s signature
on the vote by mail ballot return envelope pursuant to Section 3019
and updating voter history records.

(b) Any jurisdiction having the necessary computer capability
may start to process vote by mail ballots on the seventh business
day before the election. Processing vote by mail ballots includes
opening vote by mail ballot return envelopes, removing ballots,
duplicating any damaged ballots, and preparing the ballots to be
machine read, or machine reading them, but under no circumstances
may a vote count be accessed or released until 8 p.m. on the day
of the election. All other jurisdictions shall start to process vote
by mail ballots at 5 p.m. on the day before the election.

(c) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.

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begin insert SEC. 4.5. end insert   

end insert

begin insert Section 15101 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

15101.  

(a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail
ballot return envelopes may include verifying the voter’s signature
on the vote by mail ballot return envelope begin insert pursuant to Section
3019 end insert and updating voter history records.

(b) Any jurisdiction having the necessary computer capability
may start to process vote by mail ballots on the begin delete seventh end delete begin insert 10th end insert
business day begin delete prior to end delete begin insert before end insert the election. Processing vote by mail
ballots includes opening vote by mail ballot return envelopes,
removing ballots, duplicating any damaged ballots, and preparing
the ballots to be machine read, or machine reading them, but under
no circumstances may a vote count be accessed or released until
8 p.m. on the day of the election. All other jurisdictions shall start
to process vote by mail ballots at 5 p.m. on the day before the
election.

(c) Results of any vote by mail ballot tabulation or count shall
not be released begin delete prior to end delete begin insert before end insert the close of the polls on the day of
the election.

SEC. 5.  

Section 15320 of the Elections Code is amended to
read:

15320.  

Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day that
are not included in the semifinal official canvass phase of the
election shall be processed and counted during the official canvass
in the manner prescribed by Chapter 2 (commencing with Section
15100) and pursuant to the requirements of Section 3019.

SEC. 6.  

Section 15350 of the Elections Code is amended to
read:

15350.  

Provisional ballots cast pursuant to Section 14310 shall
be processed and counted in accordance with the provisions
outlined in Chapter 2 (commencing with Section 15100) and
pursuant to the requirements of Sections 14310 and 14311.

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begin insert SEC. 7. end insert   

end insert begin insert

Section 4.5 of this bill incorporates amendments to
Section 15101 of the Elections Code proposed by both this bill
and Senate Bill 29. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 15101 of the Elections Code, and (3)
this bill is enacted after Senate Bill 29, in which case Section 4 of
this bill shall not become operative.

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begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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.