Amended in Senate April 8, 2013

Senate Bill No. 362

Introduced by Senator Padilla

February 20, 2013

An act to add Section 19006 to begin delete , end delete the Elections Code, relating to voting.

LEGISLATIVE COUNSEL’S DIGEST

SB 362, as amended, Padilla. Voting procedures: natural disasters.

Existing law designates the Secretary of State as the chief elections officer of the state and requires him or her to study and adopt regulations governing the use of voting machines, voting devices, vote tabulating devices, and ballot marking systems. Existing law also establishes procedures for the marking and counting of ballots in the case of electrical failure or other emergency.

This bill would make legislative findings relating to natural disasters begin insert outside California end insert and their effect on a state resident’s ability to vote. begin delete The bill would require the Governor and the Secretary of State to establish voting procedures and guidelines for voters affected by natural disasters. end delete begin insert The bill would, upon the declaration of an out-of-state emergency by the Governor and the issuance of an executive order authorizing an emergency worker, as defined, to cast a ballot outside of his or her home precinct, require a county elections official to issue an emergency worker a vote by mail ballot upon that worker’s request. By imposing a new duty on local officials, the bill would impose a state-mandated local program. end insert

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Natural disasters begin delete within end delete begin insert outside end insert California begin delete , the United States,
or other parts of the world end delete can affect a state resident’s ability to
vote. Earthquakes, hurricanes, and other disasters can destroy or
damage election infrastructure, including the electrical and
telecommunications grid and polling places, disrupt the delivery
of vote by mail ballots by the United States Postal Service, and
displace election officials and interrupt their duties.

(b) California residents volunteer to help victims of natural
disasters, including their family members. California voters, such
as firefighters, police officers, National Guardsmen, utility workers,
and average citizens travel to areas affected by disasters for
extended periods of time to help with recovery efforts that can
include other states and countries. Disasters and volunteer efforts
can occur close to an election and affect a volunteer’s ability to
vote.

(c) Currently, neither the Governor, the Secretary of State, nor
county elections begin delete official has end delete begin insert officials have end insert the authority to establish
procedures and guidelines to specifically allow residents affected
by begin delete a end delete begin insert an out-of-state end insert disaster to vote.

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begin insert SEC. 2. end insert   

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begin insert Section 19006 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

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begin insert 19006. end insert   

(a) For purposes of this section, “emergency worker”
means a person who is officially engaged in responding to the
proclamation of an out-of-state emergency and whose vocation
has been identified in an executive order relating to the state of
emergency.

(b) Upon the declaration of an out-of-state emergency by the
Governor and the issuance of an executive order authorizing an
emergency worker to cast a ballot outside of his or her home
precinct, a county elections official shall, upon request, issue a
vote by mail ballot to an emergency worker using a process to be
determined by that elections official.

(c) In order to be counted, a vote by mail ballot cast pursuant
to this section shall be received by the elections official no later
than three days after election day and postmarked on or before
election day or time-stamped or date-stamped by a private mail
delivery company on or before election day.

(d) Upon receipt of the returned ballot, the elections official
shall process the ballot pursuant to the procedures in Section 3019.

(e) A vote by mail ballot may be sent to the emergency worker
via electronic mail or facsimile.

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SEC. 2.  

Section 19006 is added to the Elections Code, to read:

19006.  

The Governor and the Secretary of State shall establish
voting procedures and guidelines for voters affected by natural
disasters.

end delete

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begin insert SEC. 3. end insert   

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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.

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