Amended in Assembly June 10, 2013

Amended in Senate March 6, 2013

Senate Bill No. 29

Introduced by Senator Correa

(Coauthors: Assembly Members Fong and Lowenthal)

December 3, 2012

An act to amend Sections 3020, 4103, begin insert 15101, end insert and 15372 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 29, as amended, 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 is time stamped or date stamped by a bona fide private mail delivery company 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.

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(2) Existing law permits any jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballot return envelopes 29 days prior to election, and authorizes any jurisdiction having the necessary computer capability to start processing vote by mail ballots 7 business days prior to the election.

end insert begin insert

This bill would instead authorize any jurisdiction having the necessary computer capability to start processing vote by mail ballots 10 business days prior to the election.

end insert begin delete

(2)

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begin insert (3) end insert  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 begin delete 31 end delete begin insert 30 end insert days of the election.

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(3)

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begin insert (4) end insert  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 or is time
stamped or date stamped by a bona fide private mail delivery
company 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 or is time
stamped or date stamped by a bona fide private mail delivery
company 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.

begin insert

begin insert SEC. 3. 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 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 prior to 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 prior to the close of the polls on the day of the
election.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 begin delete 31 end delete begin insert 30 end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 6. 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.