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 registeredbegin delete voterend deletebegin insert voter, including military or overseas votersend insert. Existing law requires that those vote by mailbegin delete ballotsend deletebegin insert ballots, including those vote by mail ballots cast by military or overseas voters,end insert 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 ballotbegin insert, including any vote by mail ballot cast by a military or overseas voter,end insert 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.
(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.
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.
(3) 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 30 days of the election.
(4) 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 3020 of the Elections Code is amended
2to read:
(a) All vote by mail ballots cast under this division shall
4be received by the elections official from whom they were obtained
P3 1or by the precinct board no later than the close of the polls on
2election day.
3(b) Notwithstanding subdivision (a), any vote by mail ballot
4cast under this division shall be timely cast if it is received by the
5voter’s elections official no later than three days after election day
6and either of the following is satisfied:
7(1) The ballot is postmarked on or before election day or is time
8stamped or date stamped by a bona fide private mail delivery
9company on or
before election day.
10(2) If the ballot has no postmark, a postmark with no date, or
11an illegible postmark, the vote by mail ballot identification
12envelope is signed and dated pursuant to Section 3011 on or before
13election day.
begin insertSection 3117 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert
A valid ballot cast shall be counted if it is received by
16the elections officialbegin delete by the time the polls close on the day of the begin insert in accordance with Section 3020end insert.
17electionend delete
Section 4103 of the Elections Code is amended to read:
(a) Notwithstanding Section 3020, ballots cast under
21this chapter shall be returned to the elections official from whom
22they were obtained no later than 8 p.m. on election day.
23(b) Notwithstanding subdivision (a), any vote by mail ballot
24cast under this chapter shall be timely cast if it is received by the
25voter’s elections official no later than three days after election day
26and either of the following is satisfied:
27(1) The ballot is postmarked on or before election day or is time
28stamped or date stamped by a bona fide private mail delivery
29company on or before election day.
30(2) If the ballot has no postmark, a postmark with no date, or
31an illegible postmark, the vote by mail ballot identification
32envelope is signed and dated pursuant to Section 3011 on or before
33election day.
Section 15101 of the Elections Code is amended to
36read:
(a) Any jurisdiction in which vote by mail ballots are
38cast may begin to process vote by mail ballot return envelopes
39beginning 29 days before the election. Processing vote by mail
40ballot return envelopes may include verifying the voter’s signature
P4 1on the vote by mail ballot return envelope and updating voter
2history records.
3(b) Any jurisdiction having the necessary computer capability
4may start to process vote by mail ballots on the 10th business day
5prior to the election. Processing vote by mail ballots includes
6opening vote by mail ballot return envelopes, removing ballots,
7duplicating any damaged ballots, and preparing the ballots to be
8
machine read, or machine reading them, but under no circumstances
9may a vote count be accessed or released until 8 p.m. on the day
10of the election. All other jurisdictions shall start to process vote
11by mail ballots at 5 p.m. on the day before the election.
12(c) Results of any vote by mail ballot tabulation or count shall
13not be released prior to the close of the polls on the day of the
14election.
Section 15372 of the Elections Code is amended to
17read:
The elections official shall prepare a certified statement
19of the results of the election and submit it to the governing body
20within 30 days of the election or, in the case of school district,
21community college district, county board of education, or special
22district elections conducted on the first Tuesday after the first
23Monday in November of odd-numbered years, no later than the
24last Monday before the last Friday of that month.
Counties may continue to use envelopes and other
27official election materials that do not take into account the
28provisions of this act until the supply of those envelopes and other
29official election materials is exhausted.
If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.
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