AB 477, as introduced, Mullin. Elections: vote by mail ballots.
Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) the signature appearing on the voter’s affidavit of registration or a previous affidavit of registration of the voter, or (2) the signature appearing on a form issued by an elections official that contains the voter’s signature, that is part of the voter’s registration record, and that the elections official has determined compares with the signature on the voter’s affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
If an elections official determines that a voter has failed to sign the identification envelope, this bill would prohibit the elections official from rejecting the vote by mail ballot if the voter completes and submits a vote by mail ballot affidavit before 5 p.m. on the day before the election, as specified. The bill would require the elections official, upon receipt of the vote by mail ballot affidavit, to compare the voter’s signature on the affidavit, as described above, and, if the signatures compare, would require the elections official to attach the affidavit to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the vote by mail ballot affidavit and instructions on completing the affidavit, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the vote by mail ballot affidavit and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
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 3019 of the Elections Code is amended
2to read:
(a) Upon receipt of a vote by mail ballot, the elections
4official shall compare the signature on the identification envelope
5with either of the following to determinebegin delete whetherend deletebegin insert ifend insert the signatures
6compare:
7(1) The signature appearing on the voter’s affidavit of
8registration orbegin delete anyend deletebegin insert aend insert previous affidavit of registration of the voter.
9(2) The signature appearing on a form issued by an elections
10official that contains the voter’s signature, that is part of the voter’s
11registration record, and that the elections official has determined
12compares with the signature on the voter’s affidavit of registration
13orbegin delete anyend deletebegin insert aend insert previous affidavit of registration of the voter. The elections
14official may make this determination by reviewing a series of
15signatures appearing on official forms in the voter’s registration
P3 1record that have been determined to compare, that demonstrates
2the progression of the voter’s signature, and makes evident that
3the signature on the identification envelope is that of the voter.
4(b) In comparing signatures pursuant to subdivision (a), the
5elections official may
use the duplicate file of affidavits of
6registered voters or facsimiles of voters’begin delete signatures, provided thatend delete
7begin insert signatures ifend insert the method of preparing and displaying the facsimiles
8complies with the law.
9(c) (1) If upon conducting the comparison of signatures pursuant
10to subdivision (a) the elections official determines that the
11signatures compare, he or she shall deposit the ballot, still in the
12identification envelope, in a ballot container in his or her office.
13(2) If upon conducting the comparison of signatures pursuant
14to subdivision (a) the elections official determines that the
15signatures do not compare, the identification envelope shall not
16be opened and the ballot shall not be counted.
The cause of the
17rejection shall be written on the face of the identification envelope.
18(d) The variation of a signature caused by the substitution of
19initials for the first or middle name, or both, shall not be grounds
20for the elections official to determine that the signatures do not
21compare.
22(e) In comparing signatures pursuant to this section, an elections
23officialbegin delete is authorized toend deletebegin insert mayend insert use signature verification technology.
24If signature verification technology determines the signatures do
25not compare, the elections official shall not reject the ballot unless
26he or she visually examines the signatures and verifies that the
27signatures do not compare.
28(f) (1) Notwithstanding any other law, if an elections official
29determines that a voter has failed to sign the identification
30envelope, the elections official shall not reject the vote by mail
31ballot if the voter completes and submits a vote by mail ballot
32affidavit before 5 p.m. on the day before the election, in accordance
33with the following:
34(A) The voter shall complete a vote by mail ballot affidavit in
35substantially the following form:
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“VOTE BY MAIL BALLOT AFFIDAVIT end insert |
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I, , am a registered voter of __________ County, end insert |
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State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this affidavit means that my vote by mail ballot will be invalidated. |
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13(B) Upon receipt of the vote by mail ballot affidavit, the elections
14official shall compare the voter’s signature on the affidavit in the
15manner provided by this section.
16(i) If the elections official determines that the signatures
17compare, he or she shall attach the vote by mail ballot affidavit
18to the identification envelope and deposit the ballot, still in the
19identification envelope, in a ballot container in his
or her office.
20(ii) If the elections official determines that the signatures do not
21compare, the identification envelope shall not be opened and the
22ballot shall not be counted.
23(2) Instructions shall accompany the vote by mail ballot affidavit
24in substantially the following form:
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“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. end insert |
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1. In order to ensure that your vote by mail ballot will be counted, your affidavit should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the day before the election. end insert |
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2. You must sign your name on the line above (Voter’s Signature). end insert |
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3. Place the affidavit into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed affidavit to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. end insert |
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4. Alternatively, you may submit your completed affidavit by facsimile transmission or by e-mail delivery to your local elections official. If submitting by e-mail delivery, please provide the affidavit as an attachment.” end insert |
4(3) The Secretary of State shall include the vote by mail ballot
5affidavit and instructions described in this subdivision on his or
6her Internet Web site, and shall provide a list of mailing addresses,
7electronic mail addresses, and facsimile transmission numbers of
8all elections officials, or provide conspicuous hyperlinks to that
9information, on the Internet Web page containing the affidavit and
10instructions.
11(4) An elections official shall include the vote by mail ballot
12affidavit and instructions described in this subdivision on his or
13her Internet Web site, and shall provide the elections official’s
14mailing address, electronic mail address, and facsimile
15transmission number on the Internet Web page
containing the
16affidavit and instructions.
17(f)
end delete
18begin insert(g)end insert A ballot shall not be removed from its identification envelope
19until the time for processing ballots. A ballot shall not be rejected
20for cause after the identification envelope has been opened.
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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