BILL NUMBER: SB 29	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa
   (Coauthor: Assembly Member Fong)

                        DECEMBER 3, 2012

   An act to amend Sections 3020, 4103, and 15372 of the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 29, as introduced, Correa. Vote by mail ballots and election
result statements.
   (1) Existing law makes the vote by mail ballot available to any
registered voter. Existing law requires that those vote by mail
ballots be received by the elections officials from whom they were
obtained or by the precinct boards before the polls close on election
day in order to be counted.
   Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
   This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is received by the
voter's elections official no later than 3 days after election day,
and either the ballot is postmarked on or before election day or, if
the ballot has no postmark, a postmark with no date, or an illegible
postmark, the vote by mail ballot identification envelope is signed
and dated on or before election day.
   Because the bill would expand the duties of local elections
officials, it would impose a state-mandated local program.
   (2) Existing law requires the elections official to prepare a
certified statement of the results of the election and submit it to
the governing body within 28 days of the election, except for
specified elections.
   This bill would instead require the elections official to submit
the certified statement of the results of the election to the
governing body within 31 days of the election.
   (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, 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 3020 of the Elections Code is amended to read:
   3020.   (a)    All vote by mail ballots cast
under this division shall be received by the elections official from
whom they were obtained or by the precinct board no later than the
close of the polls on election day. 
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:  
   (1) The ballot is postmarked on or before election day.  

   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
is signed and dated pursuant to Section 3011 on or before election
day. 
  SEC. 2.  Section 4103 of the Elections Code is amended to read:
   4103.   (a)    Notwithstanding Section 3020,
ballots cast under this chapter shall be returned to the elections
official from whom they were obtained no later than 8 p.m. on
election day. 
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:  
   (1) The ballot is postmarked on or before election day.  

   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
is signed and dated pursuant to Section 3011 on or before election
day. 
  SEC. 3.  Section 15372 of the Elections Code is amended to read:
   15372.  The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within  28   31  days of the election or,
in the case of school district, community college district, county
board of education, or special district elections conducted on the
first Tuesday after the first Monday in November of odd-numbered
years, no later than the last Monday before the last Friday of that
month.
  SEC. 4.  Counties may continue to use envelopes and other official
election materials that do not take into account the provisions of
this act until the supply of those envelopes and other official
election materials is exhausted.
  SEC. 5.  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.