BILL NUMBER: SB 589 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 12, 2013
AMENDED IN ASSEMBLY JUNE 4, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Hill
(Coauthor: Assembly Member Mullin)
FEBRUARY 22, 2013
An act to amend Section 3019 of, and to add
Section Sections 3019.5 and 13305
to, to the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 589, as amended, Hill. Vote by mail ballots: sample ballots.
Existing law sets forth procedures for voting by mail and requires
the local elections official to compare the signature on the
identification envelope of a vote by mail ballot with the voter's
signature that appears on his or her affidavit of registration. If
the signatures compare, existing law requires the elections official
to deposit the ballot in a ballot container. If the ballot is
rejected because the signatures do not compare, existing law requires
that the ballot not be counted and that the cause of the rejection
be written on the face of the identification envelope. Existing law
also requires the elections official to establish procedures to track
and confirm the receipt of vote by mail ballots that are voted and
to make that information available by means of online access using
the county's elections division Internet Web site, or, if it has no
Internet Web site, by a toll-free telephone number that may be used
to confirm the date the ballot was received.
This bill would require the county elections official to establish
a free access system by which a vote by mail voter may learn whether
his or her ballot was counted and, if not, the reason why it was not
counted. This bill would require the elections official to make the
free access system available to a vote by mail voter upon completion
of the official canvass and for 30 days thereafter. This bill
would permit the county elections official to use the county's free
access system for provisional ballots to establish the free access
system for vote by mail ballots.
By requiring elections officials to provide a higher level of
service, the bill would impose a state-mandated local program.
Existing law requires the appropriate elections official to
prepare sample ballots for each election and to cause to be printed
at least as many copies of the sample ballot as there are voters in
each voting precinct. Existing law requires the elections official to
mail a sample ballot to each voter who registered at least 29 days
prior to the election.
This bill would permit the elections official to elect not to mail
a sample ballot to a voter if specified conditions are satisfied.
For each voter to whom the elections official elects not to mail a
sample ballot, this bill would permit the elections official to cause
to be printed one less copy of the sample ballot.
If a county elections official elects not to mail a sample ballot
to a voter, this bill would require the elections official to use any
savings achieved to offset the costs associated with establishing a
free access system for vote by mail ballots before the savings may be
used for any other purpose.
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 no reimbursement is required by this
act for a specified reason.
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 3019 of the Elections Code
is amended to read:
3019. (a) Upon receipt of the vote by mail ballot, the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
(b) If the elections official has compared the signature of the
voter's application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
(c) A ballot shall not be removed from its identification envelope
until the time for processing. A ballot shall not be rejected for
cause after the envelope has been opened.
(d) In determining from the records of registration if the
signature and residence address on the identification envelope appear
to be the same as those on the affidavit of registration, the
elections official or registrar of voters may use the duplicate file
of affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
(e) The
SECTION 1. Section 3019.5 is added to the
Elections Code , to read:
3019.5. (a) A county
elections official shall establish a free access system that allows a
vote by mail voter to learn whether his or her vote by mail ballot
was counted and, if not, the reason why the ballot was not counted.
For each election, the elections official shall make the free access
system available to a vote by mail voter upon completion of the
official canvass and for 30 days thereafter.
(b) For purposes of establishing the free access system for vote
by mail ballots required by subdivision (a), a county elections
official may use the free access system for provisional ballots
established by the county pursuant to Section 302 of the federal Help
America Vote Act of 2002 (42 U.S.C. Sec. 15482).
(c) If a county elections official elects not to mail a sample
ballot to a voter pursuant to Section 13305, the elections official
shall use any savings achieved to offset the costs associated with
establishing the free access system for vote by mail ballots required
by subdivision (a).
SEC. 2. Section 13305 is added to the Elections Code, to read:
13305. (a) Notwithstanding Sections 13300 and 13303, a county
elections official may elect not to mail a sample ballot to a voter
if all of the following are satisfied:
(1) The voter is one of the following:
(A) A permanent vote by mail voter pursuant to Chapter 3
(commencing with Section 3200) of Division 3.
(B) A voter in a mail ballot election conducted pursuant to
Division 4 (commencing with Section 4000).
(C) A voter in a precinct in which an election is conducted
pursuant to Section 3005.
(2) The county elections official prepares and mails to each voter
a voter information guide. The voter information guide shall include
all of the information required to be included in, and shall be
accompanied by all the election materials required to accompany, the
sample ballot, except for both of the following:
(A) An application for a vote by mail ballot.
(B) A notice that a vote by mail ballot application is enclosed.
(3) The voter is furnished with an official ballot pursuant to
Section 3005 or 3010.
(b) Notwithstanding subdivision (a) of Section 13303, for each
voter to whom the elections official elects not to mail a sample
ballot pursuant to subdivision (a), the elections official may cause
to be printed one less copy of the sample ballot.
(c) If a county elections official elects not to mail a sample
ballot to a voter pursuant to this section, the elections official
shall use any savings achieved to offset the costs associated with
establishing a free access system for vote by mail ballots pursuant
to Section 3019.5 before the savings may be used for any other
purpose.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.
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