BILL NUMBER: AB 477 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
FEBRUARY 23, 2015
An act to amend Section 3019 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine whether
if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or any a previous
affidavit of registration of the voter.
(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 any a previous
affidavit of registration of the voter. The elections official may
make this determination by reviewing a series of signatures appearing
on official forms in the voter's registration record that have been
determined to compare, that demonstrates the progression of the voter'
s signature, and makes evident that the signature on the
identification envelope is that of the voter.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use the duplicate file of affidavits of
registered voters or facsimiles of voters' signatures,
provided that signatures if the method of
preparing and displaying the facsimiles complies with the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification 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.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official is authorized to may use
signature verification technology. If signature verification
technology determines the signatures do not compare, the elections
official shall not reject the ballot unless he or she visually
examines the signatures and verifies that the signatures do not
compare.
(f) (1) Notwithstanding any other law, if an elections official
determines that a voter has failed to sign the identification
envelope, the elections official shall not reject 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, in accordance
with the following:
(A) The voter shall complete a vote by mail ballot affidavit in
substantially the following form:
""VOTE BY MAIL BALLOT AFFIDAVIT
I,__, am a registered voter of __________ County,
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.
______________________
Voter's Signature
___________________
Address''
(B) Upon receipt of the vote by mail ballot affidavit, the
elections official shall compare the voter's signature on the
affidavit in the manner provided by this section.
(i) If the elections official determines that the signatures
compare, he or she shall attach the vote by mail ballot affidavit to
the identification envelope and deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(ii) If the elections official determines that the signatures do
not compare, the identification envelope shall not be opened and the
ballot shall not be counted.
(2) Instructions shall accompany the vote by mail ballot affidavit
in substantially the following form:
""READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW
THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
COUNT.
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.
2. You must sign your name on the line above
(Voter's Signature).
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.
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.''
(3) The Secretary of State shall include the vote by mail ballot
affidavit and instructions described in this subdivision on his or
her Internet Web site, and shall provide a list of mailing addresses,
electronic mail addresses, and facsimile transmission numbers of all
elections officials, or provide conspicuous hyperlinks to that
information, on the Internet Web page containing the affidavit and
instructions.
(4) An elections official shall include the vote by mail ballot
affidavit and instructions described in this subdivision on his or
her Internet Web site, and shall provide the elections official's
mailing address, electronic mail address, and facsimile transmission
number on the Internet Web page containing the affidavit and
instructions.
(f)
(g) A ballot shall not be removed from its
identification envelope until the time for processing ballots. A
ballot shall not be rejected for cause after the identification
envelope has been opened.
SEC. 2. 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.