BILL NUMBER: AB 477 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2015
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 amended, 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.
This bill would strike the requirement that an elections
official, in comparing the signatures on the identification envelope,
as described in (2) above, determine that the signature appearing on
a form issued by the elections official that contains the voter's
signature compares with the signature on the voter's affidavit of
registration or a previous affidavit of registration of the voter.
If an elections official determines that a voter has failed to
sign the identification envelope, this the
bill would prohibit the elections official from rejecting the
vote by mail ballot if the voter signs the identification
envelope at the elections official's office before 5 p.m. on the 10th
day after the election, completes and submits a vote
by mail ballot affidavit an unsigned ballot statement,
as specified, before 5 p.m. on the 10th day
before after the election, as
specified. election, or completes and submits an
unsigned ballot statement to a polling place within the county
or a ballot drop-off box before the close of the polls on election
day. The bill would require the elections official to accept any
completed unsigned ballot statement. The bill would require the
elections official, upon receipt of the vote by mail ballot
affidavit, unsigned ballot statement, to
compare the voter's signature on the affidavit,
statement, as described above, and, if the signatures
compare, would require the elections official to attach the
affidavit statement 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
unsigned ballot statement and instructions on completing
the affidavit, statement, 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
unsigned ballot statement 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 if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or 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,
signature and 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. 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.
record.
(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 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 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) (A) 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: does any
of the following:
(i) Signs the identification envelope at the office of the
elections official during regular business hours before 5 p.m. on the
tenth day after the election.
(A) The voter shall complete a vote by mail ballot affidavit
(ii) Before 5 p.m. on the tenth day
after the election, completes and submits an unsigned ballot
statement in substantially the following form:
""VOTE BY MAIL BALLOT AFFIDAVIT
""UNSIGNED BALLOT STATEMENT
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
affid st a vi
temen t means that my vote by mail
ballot will
be invalidated.
______________________
Voter's Signature
___________________
Address''
(iii) Before the close of the polls on election day, completes and
submits an unsigned ballot statement, in the form described in
clause (ii), to a polling place within the county or a ballot
drop-off box.
(B) If timely submitted, the elections official shall accept
any completed unsigned ballot statement. Upon receipt of the
vote by mail ballot affidavit, unsigned
ballot statement. the elections official shall compare the
voter's signature on the affidavit statement
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 unsigned ballot statement 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.
(C) An elections official may use methods other than those
described in subparagraph (A) to obtain a voter's signature on an
unsigned identification envelope.
(2) Instructions shall accompany the vote by mail ballot
affidavit unsigned ballot statement in
substantially the following form:
""READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE AFFID ST A
VI TEMEN T. 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 affid st
a vi temen t
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.
later than 5 p.m. on the 10th day after the
election.
2. You must sign your name on the line above
(Voter's Signature).
3.Place the affid st a vi
temen t into a mailing
envelope
addressed to your local elections official.
Mail, deliver, or have delivered the completed
affid st a vi
temen t 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.''
statement by facsimile transmission to your
local elections official, or submit your
completed statement to a polling place within
the county or a ballot drop-off box before the
close of the polls on election day.
(3) The Secretary of State shall include the vote by mail
ballot affidavit unsigned ballot statement and
instructions described in this subdivision on his or her Internet Web
site, and shall provide a list of mailing addresses,
electronic mail addresses, addresses and
facsimile transmission numbers of all elections officials, or provide
conspicuous hyperlinks to that information, on the Internet Web page
containing the affidavit statement and
instructions.
(4) An elections official shall include the vote by mail
ballot affidavit unsigned ballot statement 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, address and
facsimile transmission number on the Internet Web page containing the
affidavit statement and instructions.
(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.