BILL NUMBER: SB 361 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 20, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JULY 1, 2013
AMENDED IN SENATE MAY 16, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 20, 2013
An act to amend Sections 2102, 2146, 2153, and
14310 2408 of, to add Section 2169 to,
and to add Chapter 8(commencing
8 (commencing with Section 2600) to Division 2 of,
and to repeal Section 2601 of, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 361, as amended, Padilla. Elections: voter registration.
(1) Under existing law, operative when the Secretary of State
certifies that the state has a statewide voter registration database
that complies with the requirements of the federal Help America Vote
Act of 2002, a person who is eligible to register to vote and has a
valid California driver's license or state identification card is
authorized to submit an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State.
Existing law, the federal National Voter Registration Act of 1993,
requires each state to establish procedures to register voters by
application in person at certain federal, state, or
nongovernmental agencies designated by state law as voter
registration agencies. made simultaneously with an
application for a motor vehicle driver's license. Existing law
requires the Department of Motor Vehicles, community college
and California State University campuses, and voter registration
agencies Vehicles to perform various duties in
connection with voter registration.
This bill would require the Department of Motor Vehicles,
working jointly with the Secretary of State, to establish a system
under which a person who applies for any services or assistance
online with the department shall be offered the opportunity to
register to vote, or update his or her voter registration
information, online through the Secretary of State's electronic voter
registration system using an electronic form that is prepopulated
with the applicant's voter registration information, to the extent
the information is available in the department's records. For
Vehicles to ensure that any electronic system, as
specified, under which a person may electronically submit on the
Internet Web site of the Department of Motor Vehicles an application
for the issuance or renewal of a driver's license or state
identification card, or a change of address form, shall offer the
person the opportunity to submit an electronic affidavit of voter
registration, or to electronically update his or her voter
registration information, on the Internet Web site of the Secretary
of State. This bill would require the Department of Motor Vehicles to
work jointly with the Secretary of State to ensure that
the system provides all required notices and, for each
applicant who indicates that he or she would like to apply
to register to vote or update his or her voter registration
information and consents to the use of his or her motor vehicle
records for voter registration purposes, this bill would
require the Department of Motor Vehicles to electronically
transmit transmits to the Secretary of
State any information provided by the applicant to the
Department of Motor Vehicles that is necessary to register the
applicant to vote or update the applicant's voter registration, as
applicable the information provided on the
person's driver's license or state identification card application,
or change of address form, as applicable, in a manner that does not
require the person to duplicate or reenter the information .
This bill would require the Secretary of State to report to the
Legislature, as specified.
By requiring local agencies to perform additional duties, this
bill would impose a state-mandated local program.
(2) The Student Voter Registration Act of 2003 requires the
Secretary of State to annually provide every high school, community
college, and California State University and University of California
campus with voter registration forms. The act also requires every
community college and California State University campus that
operates an automated class registration system, or within two years
of implementing such a system, to permit students, through an
automated program in coordination with the Secretary of State, to
elect to receive during the class registration process a voter
registration form that is preprinted with personal information
relevant to voter registration. The act encourages the University of
California to comply with that provision.
This bill would revise or eliminate these
provisions of the act. This bill would require the Secretary of State
to inform every high school, community college, and California State
University and University of California campus that voter
registration forms are available from the Secretary of State and to
provide voter registration forms to each school upon request. This
bill would require the Secretary of State to work with
each community college and California State University
campus that operates an automated class registration system
to ensure that the system conforms to the provisions on paperless
voter registration. system, as specified, to permit
students, during the class registration process, to apply to register
to vote online by submitting an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State,
and, for each student who indicates that he or she would like to
apply to register to vote, to electronically transmit to
the Secretary of State information in the student's records that is
necessary to register the student to vote, in a manner that does not
require the s tudent to duplicate or reenter the
information on the electronic affidavit of voter registration.
This bill would require each community college and California State
University to, at the commencement of an academic term, send to each
student a notice by electronic mail that is dedicated exclusively to
voter registration and contains information relating to voter
registration eligibility and the Internet Web site address of the
Secretary of State's electronic voter registration system. This bill
would encourage the University of California to comply with these
provisions.
(3) Existing federal law, the federal National Voter Registration
Act of 1993, requires each state to establish procedures to register
voters by application in person at certain federal, state, or
nongovernmental agencies designated by state law as voter
registration agencies. Existing state law requires a designated voter
registration agency that allows a person to apply online for service
or assistance, or to submit a recertification, renewal, or change of
address form relating to the service or assistance online, to
implement a process and the infrastructure that allows the person to
electronically submit a voter preference form, as defined, and to
submit an affidavit of voter registration electronically on the
Internet Web site of the Secretary of State. Existing law permits a
voter registration agency to take steps to ensure that the
information entered into a person's electronic application for
service or assistance, or his or her electronic recertification,
renewal, or change of address form, will be automatically transferred
to the electronic affidavit of voter registration if the person
indicates that he or she would like to register to vote.
This bill would require a voter registration agency, for each
person who indicates that he or she would like to apply to register
to vote, to electronically transmit to the Secretary of State, in a
format prescribed by the Secretary of State, the information entered
on the person's electronic application for service or assistance, or
his or her electronic recertification, renewal, or change of address
form, as applicable, in a manner that does not require the person to
duplicate or reenter the information on the electronic affidavit of
voter registration.
(3)
(4) Existing law specifies various duties of the
Secretary of State with regard to the electoral process.
This bill would place additional requirements on the Secretary of
State to provide the capability for a voter to check online the
status of the voter's registration, find the location of the voter's
polling place, check the status of a vote by mail ballot, and check
the status of a voter's provisional ballot on the Secretary of State'
s Internet Web site, as specified.
(4)
(5) Under existing law, if a county elections official
receives an affidavit of voter registration that does not include all
required information, and the elections official is not able to
collect the missing information by telephone, but the mailing address
of the affiant is legible, the elections official must inform the
affiant of the reason for rejection of the affidavit and must send to
the affiant a new voter registration card.
This bill would require the elections official under these
circumstances to send to the affiant a new voter registration card or
a document on which the affiant may provide the missing
information and a return envelope with postage prepaid
any other document, as determined by the elections official, on
which the affiant may provide the missing information .
(5)
(6) 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.
(6) This
(7) Certain provisions of t
his bill would become operative when on
the date on which, or one year after the date on which, the
Secretary of State certifies that the state has a statewide voter
registration database that complies with the requirements of the
federal Help America Vote Act of 2002.
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 2102 of the Elections Code,
as amended by Section 2 of Chapter 364 of the Statutes of 2009, is
amended to read:
2102. (a) A person registering as a voter by affidavit of
registration shall mail or deliver the affidavit to the county
elections official and shall set forth all of the facts required to
be shown by this chapter. A properly executed registration shall be
deemed effective upon receipt of the affidavit by the county
elections official if the affidavit is received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraph (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter shall not
be taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
(d) A person who is at least 17 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.
SEC. 2. SECTION 1. Section 2146 of
the Elections Code is amended to read:
2146. (a) The Secretary of State shall annually inform every high
school, community college, and California State University and
University of California campus that voter registration forms are
available from the Secretary of State, and shall provide voter
registration forms to each school upon request.
(b) The Secretary of State shall provide a written notice with
each registration form describing eligibility requirements and
informing each student that he or she may return the completed form
in person or by mail to the elections official of the county in which
the student resides or to the Secretary of State. The notice shall
also inform each student that he or she may complete and submit an
affidavit of voter registration electronically on the Internet Web
site of the Secretary of State.
(c) (1) Each community college or California State University
campus that operates an automated class registration system on or
after before January 1, 2016,
shall comply with the requirements of Chapter 8 (commencing with
Section 2600). The Secretary of State shall work with each community
college and California State University campus that operates an
automated class registration system to ensure that the system
conforms to the paperless voter registration requirements of Chapter
8 (commencing with Section 2600). 2014, shall, through
an automated program, in coordination with the Secretary of State,
permit students, during the class registration process, to apply to
register to vote online by submitting an affidavit of voter
registration electronically on the Internet Web site of the Secretary
of State.
(2) Any community college or California State University campus
that does not operate an automated class registration system on or
before January 1, 2014, shall, within two years of implementing an
automated class registration system, through an automated program in
coordination with the Secretary of State, permit students, during the
class registration process, to apply to register to vote online by
submitting an affidavit of voter registration electronically on the
Internet Web site of the Secretary of State.
(2)
(3) The University of California is encouraged to
comply with this subdivision.
(d) (1) Each community college or California State University
campus that operates an automated class registration system shall,
for each student who indicates that he or she would like to apply to
register to vote pursuant to subdivision (c), electronically transmit
to the Secretary of State, in a format prescribed by the Secretary
of State, information in the student's records that is necessary to
register the student to vote, in a manner that does not require the
student to duplicate or reenter the information on the electronic
affidavit of voter registration.
(2) A system developed pursuant to paragraph (1) shall be designed
to ensure the secure electronic storage of information by, and the
secure electronic transmission of information between, the Secretary
of State and the college or university.
(3) The University of California is encouraged to comply with this
subdivision.
(4) This subdivision shall become operative one year after the
date on which the Secretary of State certifies that the state has a
statewide voter registration database that complies with the
requirements of the federal Help America Vote Act of 2002 (42 U.S.C.
Sec. 15301 et seq.).
(d)
(e) (1) Each community college and California State
University campus shall, at the commencement of an academic term,
send to each student by electronic mail a notice that is dedicated
exclusively to conveying information relating to voter registration
eligibility, the process for registering to vote or updating voter
registration information, and the Internet Web site address of the
Secretary of State's electronic voter registration system.
(2) The University of California is encouraged to comply with this
subdivision.
(e)
(f) The Secretary of State shall submit to the
Legislature, on or before January 1 of each year, a report on its
student voter registration efforts pursuant to this article. This
report shall include estimates as to how many voter registration
forms were sent to high schools, community colleges, and California
State University and University of California campuses,
campuses; how many voter registration forms were
returned, returned; and how many
electronic mail notices were sent out to students pursuant
to subdivision a ffidavits of voter
registration were submitted by students pursuant to subdivisions (c)
and (d).
(f)
(g) It is the intent of the Legislature that every
eligible high school and college student receive a voter registration
form or the opportunity to apply to register to vote
online. It is also the intent of the Legislature that every school do
all in its power to ensure that students are provided the
opportunity and means to apply to register to vote. This
may include providing voter registration forms at the start of the
school year, including voter registration forms with orientation
materials; placing voter registration forms at central locations,
including voter registration forms with graduation materials; or
providing hyperlinks to, or the Internet Web site address of, the
Secretary of State's electronic voter registration system in notices
sent by electronic mail to students or placed on the Internet Web
site of the high school, college, or university.
SEC. 3. SEC. 2. Section 2153 of the
Elections Code is amended to read:
2153. (a) Except as provided in Section 2154, the affidavit of
registration shall show all the facts required to be stated.
(b) If the affidavit does not contain all of the information
required, but the telephone number of the affiant is legible, the
county elections official shall telephone the affiant and attempt to
collect the missing information.
(c) If the affidavit does not contain all of the information
required, and the county elections official is not able to collect
the missing information by telephone, but the mailing address of the
affiant is legible, the county elections official shall inform the
affiant of the reason for rejection and shall send to the affiant
one of the following: a new voter
registration card or any other document, as determined by the
elections official, on which the affiant may provide the missing
information.
(1) A new voter registration card.
(2) A document on which the affiant may provide the missing
information and a return envelope with postage prepaid.
SEC. 4. SEC. 3. Section 2169 is
added to the Elections Code, following Section 2168, to read:
2169. (a) The Secretary of State shall provide on his or her
Internet Web site the capability for a voter to do all of the
following:
(1) Check the status of his or her voter registration and review
his or her voter registration information that is included in the
Secretary of State's electronic voter registration system.
(2) Not less than 30 days before an election, find the location of
his or her polling place, if that information is available, or the
location of the polling place for any residential address in the
state.
(3) Upon the completion of the official canvass for an election,
determine whether his or her vote by mail ballot was counted and, if
not, the reason the ballot was rejected.
(4) Upon the completion of the official canvass for an election,
determine whether his or her provisional ballot was counted and, if
not, the reason the ballot was rejected.
(5) Opt out of receiving his or her voter pamphlet by mail and
instead receive it by electronic mail.
(b) The online system established pursuant to subdivision (a)
shall be accessible to persons with disabilities and available in all
the languages in which a ballot or ballot materials are required to
be made available in this state pursuant to Section 203 (42 U.S.C.
Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of
the federal Voting Rights Act of 1965.
(c) The Secretary of State shall adopt regulations to ensure the
security and privacy of any personal voter registration information
conveyed by the online system.
SEC. 4. Section 2408 of the Elections
Code is amended to read:
2408. (a) A voter registration agency that allows a person to
apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance online, shall implement a process and
infrastructure that allows an applicant to electronically submit a
voter preference form to the voter registration agency, and to submit
an affidavit of voter registration electronically on the Internet
Web site of the Secretary of State in accordance with Chapter 2.5
(commencing with Section 2196).
(b) If a person indicates on his or her electronic voter
preference form that he or she would like to apply to
register to vote, the person shall be informed that he or she may
apply to register to vote through one of the following
options, if applicable:
(1) Submit an affidavit of voter registration electronically on
the Secretary of State's Internet Web site pursuant to subdivision
(a) of Section 2196.
(2) Complete an affidavit of voter registration electronically on
the Secretary of State's Internet Web site, print a hardcopy of the
completed affidavit, and mail or deliver the hardcopy of the
completed affidavit to the Secretary of State or the appropriate
county elections official pursuant to subdivision (d) of Section
2196.
(c) A voter registration agency may take steps to ensure that the
information entered into a person's electronic application for
service or assistance, or his or her electronic recertification,
renewal, or change of address form relating to the service or
assistance, will be automatically transferred to the electronic
affidavit of voter registration if the person indicates that he or
she would like to register to vote.
(c) (1) A voter registration agency shall, for each person who
indicates on his or her electronic voter preference form that he or
she would like to apply to register to vote, electronically transmit
to the Secretary of State, in a format prescribed by the Secretary of
State, the information entered on the person's electronic
application for service or assistance, or his or her electronic
recertification, renewal, or change of address form, as applicable,
in a manner that does not require the person to duplicate or reenter
the information on the electronic affidavit of voter registration.
(2) A system for electronic transmission of information developed
pursuant to this subdivision shall be designed to ensure the secure
electronic storage of information by, and the secure electronic
transmission of information between, the Secretary of State and the
voter registration agency.
(d) The Secretary of State shall take steps to ensure that the
electronic affidavit of voter registration is available, and may be
electronically submitted and verified, in all languages in which a
county is required to provide voting materials pursuant to Section
203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965.
SEC. 5. Chapter 8 (commencing with Section 2600) is added to
Division 2 of the Elections Code, to read:
CHAPTER 8. DEPARTMENT OF MOTOR VEHICLES' PAPERLESS
VOTER REGISTRATION
2600. (a) By January 1, 2017, the Department of Motor Vehicles
shall establish a system under which a person who applies for any
services or assistance online with the department shall be offered
the opportunity to register to vote, or update his or her voter
registration information, online through the Secretary of State's
electronic voter registration system using an electronic form that is
prepopulated with the applicant's voter registration information, to
the extent the information is available in the department's records.
(b) The Department of Motor Vehicles shall work jointly with the
Secretary of State to ensure that the system established pursuant to
this section does all of the following:
(1) Provides all required notices to the applicant, including all
of the following:
(A) A notice of the eligibility requirements to register to vote
in this state.
(B) A notice stating that voter registration is voluntary.
(C) A notice stating that, if the applicant chooses to register to
vote or update his or her voter registration information, his or her
voter registration information shall be made available to the
Secretary of State for voter registration purposes.
(2) After providing the required notices to the applicant pursuant
to paragraph (1), asks the applicant whether he or she would like to
register to vote or update his or her voter registration information
and whether he or she consents to the use of his or her motor
vehicle records for voter registration purposes.
(3) For each applicant who indicates that he or she would like to
register to vote or update his or her voter registration information
and consents to the use of his or her motor vehicle records for voter
registration purposes, electronically transmits to the Secretary of
State any information provided by the applicant to the Department of
Motor Vehicles that is necessary to register the applicant to vote or
update the applicant's voter registration, as applicable.
(4) Provides the applicant with a hyperlink to the Secretary of
State's electronic voter registration system on which the applicant
may register to vote or update his or her voter registration using an
electronic form that is prepopulated with the voter registration
information transmitted by the Department of Motor Vehicles to the
Secretary of State.
(c) The system established pursuant to this section shall comply
with the requirements of the federal National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg et seq.).
(d) Notwithstanding any other provision of law, immediately after
transmitting an applicant's voter registration information to the
Secretary of State, the Department of Motor Vehicles shall destroy
any materials containing information specific to the applicant's
voter registration that is not otherwise collected by the Department
of Motor Vehicles for other purposes.
2601. A system established pursuant to Section 2600 shall be
designed to ensure the secure electronic storage of information by,
and the secure electronic transmission of information between, the
Secretary of State and the Department of Motor Vehicles.
2602. (a) The Secretary of State shall adopt regulations as
necessary to implement this chapter, including, but not limited to,
regulations relating to all of the following:
(1) Procedures to ensure the reliable electronic transmission and
validation of voter registration information.
(2) Procedures relating to receipt of duplicate or multiple
transmissions of voter registration information pertaining to the
same person.
(3) Procedures to ensure the security and privacy of voter
registration information transmitted pursuant to this chapter.
(b) The Department of Motor Vehicles shall comply with all
applicable regulations and guidelines adopted by the Secretary of
State. In addition, the department may adopt or establish additional
security measures to protect the privacy and security of voter
registration information transmitted to the Secretary of State.
2600. (a) The Department of Motor Vehicles shall ensure that any
electronic system developed or modified to comply with this chapter,
in use on or after the operative date of this chapter, and through
which a person may electronically submit on the Internet Web site of
the Department of Motor Vehicles an application for the issuance or
renewal of a driver's license or state identification card, or a
change of address form relating to a driver's license or state
identification card, shall offer the person the opportunity to submit
an electronic affidavit of voter registration, or to electronically
update his or her voter registration information, on the Internet Web
site of the Secretary of State.
(b) The Department of Motor Vehicles shall work jointly with the
Secretary of State to ensure that the system described in subdivision
(a) does both of the following:
(1) Provides all notices required by the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
(2) For each person who indicates that he or she would like to
apply to register to vote or update his or her voter registration
information, electronically transmits to the Secretary of State, in a
format prescribed by the Secretary of State, the information
provided on the person's driver's license or state identification
card application, or change of address form, as applicable, in a
manner that does not require the person to duplicate or reenter the
information.
(c) The system described in subdivision (a) shall be designed to
ensure the secure electronic storage of information by, and the
secure electronic transmission of information between, the Secretary
of State and the Department of Motor Vehicles.
2603. (a) After a system is established pursuant to Section 2600,
the
2601. (a) The
Secretary of State shall, on or before January 1 of each year, submit
a report to the Legislature on the effectiveness of this chapter.
The report shall include all of the following information:
(1) The number of electronic transmissions of voter registration
information made from the Department of Motor Vehicles to the
Secretary of State pursuant to this chapter .
(2) The number of voters registered pursuant to this
chapter. who submitted an electronic affidavit of
voter registration on the Internet Web site of the Secretary of State
using the system described in Section 2600.
(3) The number of voters in the statewide voter
registration database whose who submitted an
application to update voter registration information
was updated pursuant to this chapter. using the system
described in Section 2600.
(b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2018 four
years after the date upon which this chapter becomes operative
.
SEC. 6. 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, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. 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. No fee shall 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) (1) The Secretary of State shall establish a free access
system on his or her Internet Web site that allows any voter who
casts a provisional ballot to discover whether the voter's
provisional ballot was counted and, if not, the reason why it was not
counted.
(2) The requirements of paragraph (1) shall not be satisfied by
providing hyperlinks, or otherwise referring voters, to the free
access systems established by county elections officials.
(e) The Secretary of State may adopt appropriate regulations for
purposes 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. 7. 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, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. 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. No fee shall 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) (1) The Secretary of State shall establish a free access
system on his or her Internet Web site that allows any voter who
casts a provisional ballot to discover whether the voter's
provisional ballot was counted and, if not, the reason why it was not
counted.
(2) The requirements of paragraph (1) shall not be satisfied by
providing hyperlinks, or otherwise referring voters, to the free
access systems established by county elections officials.
(e) The Secretary of State may adopt appropriate regulations for
purposes 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. 8. SEC. 6. 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.
SEC. 9. Sections 1 to 8, inclusive,
SEC. 7. (a) Section 3
of this bill shall become operative only if
on the date on which the Secretary of State certifies that the
state has a statewide voter registration database that complies with
the requirements of the federal Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.).
(b) Sections 4 and 5 of this bill shall become operative one year
after the date on which the Secretary of State certifies that the
state has a statewide voter registration database that complies with
the requirements of the federal Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.).
____ CORRECTIONS Title--Line 3.
Text--Pages 10, 14, and 19.
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