Amended in Senate July 1, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 477

Introduced by Assembly Member Mullin

February 23, 2015

An act to amend begin delete Section 3019 of the Elections Code, end delete begin insert Sections 3019, 6901, and 14310 of, and to add Chapter 5 (commencing with Section 6850) to Part 1 of Division 6 and Part 6 (commencing with Section 7900) to Division 7 of, the Elections Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 477, as amended, Mullin. Elections: begin delete vote by mail ballots. end delete begin insert ballots and the Green Party. end insert

begin insert (1) end insert begin insert   end insert 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 begin delete (1) end delete begin insert (A) end insert the signature appearing on the voter’s affidavit of registration or a previous affidavit of registration of the voter, or begin delete (2) end delete begin insert (B) end insert 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 begin delete (2) end delete begin insert (B) end insert 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, 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 begin delete 10th end delete begin insert 8th end insert day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the begin delete 10th end delete begin insert 8th end insert day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot begin delete drop-off end delete begin insert dropoff end insert 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 unsigned ballot statement, to compare the voter’s signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the 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 unsigned ballot statement and instructions on completing the 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 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.

begin insert

(2) Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.

end insert begin insert

This bill would establish the procedures by which the Green Party would participate in the presidential primary.

end insert begin insert

Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.

end insert begin insert

This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.

end insert begin insert

(3) Existing law provides that a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established, is entitled to vote a provisional ballot. Existing law requires the elections official to examine the records with respect to all provisional ballots cast, and compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration or other signature in the voter’s registration record and requires that the ballot be rejected if the signatures do not compare.

end insert begin insert

This bill would require the elections official to also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. The bill would require, if the addresses do not match, the elections official to review the provisional voter’s registration record to attempt to verify the voter’s registration and current residence address. The bill would require, if the voter provides an in-county residence address different from the residence address in the official record, the elections official to duplicate and move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The bill would also require a ballot to be counted if the voter provides a post office box or business address on the provisional ballot envelope and the elections official, at his or her discretion, independently verifies the voter’s in-county residence address. By requiring elections officials to take additional actions related to provisional ballots, the bill would impose a state-mandated local program.

end insert begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert 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 and that is part of the
voter’s registration 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 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 begin delete tenth end delete
begin insert eighth end insert day after the election.

(ii) Before 5 p.m. on the begin delete tenth end delete begin insert eighth end insert day after the election,
completes and submits an unsigned ballot statement in substantially
the following form:

 

“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 statement 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 begin delete drop-off end delete
begin insert dropoff end insert box.

(B) If timely submitted, the elections official shall accept any
completed unsigned ballot statement. Upon receipt of the unsigned
ballot begin delete statement. end delete begin insert statement, end insert the elections official shall compare
the voter’s signature on the statement in the manner provided by
this section.

(i) If the elections official determines that the signatures
compare, he or she shall attach the 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 unsigned ballot statement
in substantially the following form:

 

“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement 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 begin delete 10th end delete begin insert eighth end insert day after the election.

2. You must sign your name on the line above (Voter’s Signature).

3. Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement 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 statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot begin delete drop-off end delete begin insert dropoff end insert box before the close of the polls on election day.

 

(3) The Secretary of State shall include the unsigned ballot
statement and instructions described in this subdivision on his or
her Internet Web site, and shall provide a list of mailing addresses
and facsimile transmission numbers of all elections officials, or
provide conspicuous hyperlinks to that information, on the Internet
Web page containing the statement and instructions.

(4) An elections official shall include the 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 and facsimile transmission number on the Internet
Web page containing the 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 5 (commencing with Section 6850) is added
to Part 1 of Division 6 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 5. end insert Green Party Presidential Primary

 

Article begin insert 1. end insert   General Provisions

 

begin insert 6850. end insert   

This chapter applies to the presidential primary ballot
of the Green Party only. As used in this chapter, “Green Party”
means the Green Party of California.

begin insert 6850.5. end insert   

The Green Party presidential primary ballot shall
express the presidential preference of California voters who vote
in the Green Party primary. National convention delegates shall
be selected as provided for in the bylaws and the rules and
procedures of the Green Party and pursuant to the rules of the
national political party with which the Green Party is affiliated.

begin insert 6850.7. end insert   

A filing fee shall not be required from a person to be
voted for in a Green Party presidential primary.

 

Article begin insert 2. end insert   Qualification of Candidates for Presidential
Preference Portion of Primary Ballot

 

begin insert 6851. end insert   

The Secretary of State shall place the name of a
candidate upon the Green Party presidential preference ballot
when the Secretary of State has determined that the candidate is
generally advocated for or recognized throughout the United States
or California as actively seeking the presidential nomination of
the Green Party or the national political party with which the
Green Party is affiliated.

begin insert 6851.5. end insert   

On or before the 150th day preceding a presidential
primary election, the Secretary of State shall send a letter by
first-class mail to the Green Party Liaison to the Secretary of State
informing her or him that, while a response is not required, any
information she or he wishes to submit will be considered by the
Secretary of State in the determination of candidates to be placed
on the Green Party presidential preference primary ballot pursuant
to Section 6851.

begin insert 6852. end insert   

On or before the 120th day preceding a presidential
primary election, the Secretary of State shall publicly announce
and distribute to the news media for publication a list of the
candidates she or he intends to place on the ballot at the following
presidential primary election. Following this announcement, the
Secretary of State may add candidates to her or his selection, but
she or he may not delete any candidate whose name appears on
the announced list. The Secretary of State shall mail a copy of the
list and any subsequent additions to the list to the Green Party
Liaison to the Secretary of State.

begin insert 6852.5. end insert   

When the Secretary of State decides to place the name
of a candidate on the ballot pursuant to Sections 6851 and 6852,
the Secretary of State shall notify the candidate that her or his
name will appear on the Green Party presidential preference
primary ballot.

begin insert 6853. end insert   

If a selected candidate or an unselected candidate files
with the Secretary of State, no later than the 68th day before the
presidential primary, an affidavit stating without qualification that
she or he is not a candidate for the office of President of the United
States at the forthcoming presidential primary election, the name
of that candidate shall be omitted from the list of names certified
by the Secretary of State to the elections official for the ballot and
the name of that candidate shall not appear on the presidential
preference portion of the primary ballot.

begin insert 6853.5. end insert   

An unselected candidate desiring to have her or his
name placed on the presidential preference primary ballot shall
have nomination papers circulated on her or his behalf. In order
to qualify the name of that candidate for placement on the
presidential preference primary ballot, the nomination papers of
the candidate shall be signed by voters registered as preferring
the Green Party equal in number to not less than 1 percent of the
number of persons registered as preferring the Green Party as
reflected in the report of registration issued by the Secretary of
State on the 135th day before the presidential primary election.

 

Article begin insert 3. end insert   Preparation, Circulation, and Filing of Nominating
Papers

 

begin insert 6854. end insert   

This article applies to the nomination of a Green Party
candidate for the presidential primary ballot.

begin insert 6854.5. end insert   

Nomination papers properly prepared, circulated,
signed, and verified shall be left, for examination, with the elections
official of the county in which they are circulated at least 74 days
before the presidential primary.

begin insert 6855. end insert   

Each signer of a nomination paper for the presidential
primary ballot may sign only one paper. The signer shall add her
or his printed name and place of residence indicating city and
giving the street and number, if any.

begin insert 6855.5. end insert   

A nomination paper may be presented in sections. Each
section shall contain the name of the presidential preference
candidate. Each section shall bear the name of the county in which
it is circulated. Only voters of the county registered as preferring
the Green Party are competent to sign.

begin insert 6856. end insert   

Each section shall be prepared with the lines for
signatures numbered, and shall have attached the declaration of
the circulator who obtained signatures to it, which shall meet all
of the requirements of Section 104. No other declaration is required
to be made.

begin insert 6856.5. end insert   

A verified nomination paper is prima facie evidence
that the signatures are genuine and that the persons signing it are
voters registered as preferring the Green Party until it is otherwise
proven by comparison of the signatures with the affidavits of
registration in the office of the elections official.

begin insert 6857. end insert   

The nomination paper for a candidate for the presidential
preference portion of the ballot shall be in substantially the
following form:

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY
CANDIDATE

Section ____________Page ____________

County of ______________.

Nomination paper of a presidential preference candidate for the
Green Party presidential primary ballot.

State of California

County of ⎱

⎰ ss.

SIGNER’S STATEMENT

I, the undersigned, am a voter of the County of ____________,
State of California, and am registered as preferring the Green
Party. I hereby nominate ____________ for the presidential
preference portion of the Green Party’s presidential primary ballot,
to be voted for at the presidential primary to be held on the
____________ day of ____________, 20____. I have not signed
the nomination paper of any other candidate for the same office.

Number _____ Signature _____ Printed name _____ Residence

1._______________________________________________________

2._______________________________________________________

3._______________________________________________________

Etc.

CIRCULATOR’S DECLARATION

I, __________, affirm all of the following:

1. That I am 18 years of age or older.

2. That my residence address, including street number,
is_______________________________________________ [If
no street address exists, a designation of my residence adequate
to readily ascertain its location is
_______________________________.]

3. That I secured signatures in the County of _________ to the
nomination paper of a candidate in the presidential preference
primary of the Green Party, that all the signatures on this section
of the nomination paper numbered from 1 to ___, inclusive, were
made in my presence, that the signatures were obtained between
_______, 20__ and _________, 20__, and that to the best of my
knowledge and belief each signature is the genuine signature of
the person whose name it purports to be.

I declare under penalty of perjury that the foregoing is true and
correct.

Executed at ________, California, this ____ day of ____, 20__.

[Signed] ______________________________

Circulator

[Printed Name] _____________________________

begin insert 6857.5. end insert   

Before filing, the sections of a nomination paper for
a candidate shall be numbered in order.

begin insert 6858. end insert   

Nomination papers, properly assembled, may be
consolidated and fastened together by counties, but nomination
papers signed by voters in different counties shall not be fastened
together.

begin insert 6858.5. end insert   

The elections official shall examine all nomination
papers left with her or him for examination and shall disregard
and mark “not sufficient” the name of any voter of that county
that does not appear in the same handwriting on an affidavit of
registration in the office of the elections official. The elections
official shall also disregard and mark “not sufficient” the name
of any voter of the county who is not registered as preferring the
Green Party.

begin insert 6859. end insert   

Within five days after any nomination papers are left
with the elections official for examination, the elections official
shall do both of the following:

(a) Examine and affix to them a certificate reciting that she or
he has examined them and stating the number of names that have
not been marked “not sufficient.”

(b) Transmit the papers with the certificate of examination to
the Secretary of State, who shall file the papers.

begin insert 6859.5. end insert   

The certificate of the elections official to nomination
papers of a candidate shall be in substantially the following form:

 

begin insert CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION PAPERS OF A CANDIDATE end insert
begin insert   end insert
begin insert To the Secretary of State: end insert
begin insert   end insert
begin insert  I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which this certificate is attached, of the presidential candidate, and that the number of names which I have not marked “not sufficient” is _______.  The candidate named in the nomination papers comprises the following: _______________________________________________________ end insert
begin insert   end insert
begin insert  Dated this ________ day of ________, 20___. end insert
begin insert   end insert	begin insert ________________________ end insert
begin insert  (SEAL) end insert	begin insert County Elections Official  By       Deputy  end insert

 

begin insert 6860. end insert   

Upon receipt of a sufficient number of signatures for the
nomination of a candidate for the presidential preference primary
ballot, the Secretary of State shall notify the candidate or her or
his duly authorized representative of that fact.

 

Article begin insert 4. end insert   Green Party Presidential Primary Ballot

 

begin insert 6861. end insert   

Following the filing of nomination papers, the
presidential preference primary candidates shall be printed upon
the ballot.

begin insert 6861.5. end insert   

For the presidential primary election, the format of
the Green Party ballot shall be governed by Chapter 2
(commencing with Section 13100) of Division 13, with the following
exceptions:

(a) The heading “Presidential Candidate Preference” shall be
included.

(b) Selected and unselected presidential candidates shall be
listed below the heading specified in subdivision (a).

(c) The instructions to voters shall begin with the words “Vote
for a candidate.” The instructions to voters shall also include the
statement that “Delegates to the national convention will be
selected after the primary election.”

begin insert 6862. end insert   

A person who believes her or his name may be used as
a write-in candidate for President of the United States shall, no
later than 21 days before the primary election, file an endorsement
of her or his write-in candidacy with the Secretary of State, or no
votes shall be counted for that write-in candidate.

 

Article begin insert 5. end insert   Certification of National Convention Delegates
Election and Postelection Proceedings

 

begin insert 6863. end insert   

The number of delegates to be selected following the
presidential preference primary shall be the number established
by the national political party with which the Green Party is
affiliated.

begin insert 6863.5. end insert   

National convention delegates shall be selected as
provided for in the bylaws and the rules and procedures of the
Green Party and pursuant to the rules of the national political
party with which the Green Party is affiliated.

 

Article begin insert 6. end insert   Presidential Electors

 

begin insert 6864. end insert   

In each year of the general election at which electors of
President and Vice President of the United States are to be chosen,
the Green Party shall also nominate as the candidates of its party
as many electors of President and Vice President of the United
States as the state is then entitled, 50 percent of whom shall be
women and 50 percent men, unless an odd number of electors is
to be chosen, in which case the difference between the number of
women and men shall be not more than one elector. The Green
Party Liaison to the Secretary of State shall certify the name of
each elector nominated, and the elector's residence address to the
Secretary of State.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 6901 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

6901.  

Whenever a political party, in accordance with Section
begin insert 6864, end insert 7100, 7300, 7578, or 7843, submits to the Secretary of State
its certified list of nominees for electors of President and Vice
President of the United States, the Secretary of State shall notify
each candidate for elector of his or her nomination by the party.
The Secretary of State shall cause the names of the candidates for
President and Vice President of the several political parties to be
placed upon the ballot for the ensuing general election.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Part 6 (commencing with Section 7900) is added to
Division 7 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 6. end insert   Green Party

 

Chapter   begin insert 1. end insert General Provisions

 

begin insert 7900. end insert   

This part applies to the organization, operations, and
functions of the party known as the Green Party. As used in this
part, “Green Party” means the Green Party of California.

 

Chapter   begin insert 2. end insert Members of County Councils

 

begin insert 7901. end insert   

At each presidential primary election, members of central
committees, which shall be termed “county councils,” shall be
elected in each county.

begin insert 7902. end insert   

For purposes of this chapter, the registration figures
used shall be those taken from the statement of voters and their
political preferences transmitted by the elections officials to the
Secretary of State on or before March 1 of the odd-numbered year
preceding the next presidential primary election.

begin insert 7903. end insert   

The number of members of the county council to be
elected in a county shall be a minimum of three and a maximum
of 50, and the process in which each county’s number shall be
calculated shall be defined in the Green Party’s bylaws and, to be
effective, shall be communicated to the Secretary of State by the
Green Party Liaison to the Secretary of State no later than 175
days before the next presidential primary election.

begin insert 7904. end insert   

At its first meeting following the presidential primary
election and at subsequent meetings, a county council may appoint
additional members to the county council to fill any vacancy.

begin insert 7905. end insert   

A person shall not be appointed to membership on a
county council who is registered as preferring another party or
registered as “No Party Preference.” Appointment of other persons
who cannot register to vote shall be allowed under certain
circumstances as described in state Green Party bylaws and any
applicable county Green Party bylaws.

begin insert 7906. end insert   

The removal of residence by an elected or appointed
member of a county council from the applicable county shall
constitute automatic resignation from the county council.

begin insert 7907. end insert   

A member of a county council who changes her or his
voter registration to no longer prefer the Green Party shall
automatically be removed from office upon such registration.

begin insert 7908. end insert   

County council members additionally may be removed
for cause by procedures established in the Green Party’s bylaws.

begin insert 7909. end insert   

When a person is appointed to a county council, the
county council shall file notices of the appointment with the county
elections official and the coordinating committee of the Green
Party within 30 days after the appointment is made. The notices
shall contain the name and address of the person appointed and
shall indicate the date of the appointment.

begin insert 7910. end insert   

The Department of General Services shall permit any
county council that desires to do so to hold meetings in a state
building within the county, and a minimum of one meeting each
month shall be without charge.

 

Chapter   begin insert 3. end insert Election of County Councils

 

begin insert 7911. end insert   

Members of county councils shall be elected from one
or more multi-member districts. Multi-member districts shall
conform to the county boundaries or recognized jurisdictional
boundaries of Congressional, State Assembly, State Senate or
Supervisorial districts within that county, in accordance with state
Green Party bylaws and county Green Party bylaws.

begin insert 7912. end insert   

The Secretary of State, no later than the 175th day before
the presidential primary election, shall compute the number of
members of a county council to be elected in each county and shall
mail a certificate to that effect to the elections official of each
county and to the Green Party Liaison to the Secretary of State.

begin insert 7913. end insert   

The elections official, no later than the 172nd day before
the presidential primary election, shall compute the number of
members of a county council to be elected in each district if the
election of the members is to be by district pursuant to this chapter.

begin insert 7914. end insert   

In each county, the name of each candidate for member
of a county council shall appear on the ballot only if she or he is
registered as preferring the Green Party and has filed a nomination
paper pursuant to Chapter 5 (commencing with Section 6850) of
Part 1 of Division 6, signed on the candidate’s behalf by Green
Party voters of the county council election district in which she or
he is a candidate.

begin insert 7915. end insert   

In counties where members of county councils are to be
elected by district, a person seeking election as a member of a
county council may seek election only in the district in which she
or he resides.

begin insert 7916. end insert   

Notwithstanding any other provision of this code, a
person may obtain and circulate nomination papers for both
nomination to a public office and for election as a member of a
county council.

begin insert 7917. end insert   

Notwithstanding any other provision of this code, the
number of sponsors that shall be required of a person to be a
candidate for member of a county council shall be either not less
than 20 sponsors, or not less than 2 percent of the number of voters
registered as preferring the Green Party in the county council
election district, whichever is less.

begin insert 7918. end insert   

Notwithstanding any other provision of this code, each
sponsor is entitled to sponsor as many candidates as there are
seats in the district. Candidate names listed on a single sponsor’s
certificate, and the signatures on the certificate shall count toward
the sponsor requirement of each and every candidate whose name
is listed on the certificate. The number of candidates having their
names on a sponsor’s certificate shall not exceed the number of
members of a county council to be elected in the district.

begin insert 7919. end insert   

The elections official of each county shall include the
office of member of county council and the candidates for the office
in a place and manner similar to that for the office of county
central committee of other political parties and the candidates for
that office on the applicable official lists.

begin insert 7920. end insert   

The order of appearance of the names of the candidates
for member of county council on the ballot shall be determined by
a public drawing held at the time, place, and manner prescribed
for determining the order of names of county central committee
members pursuant to Chapter 2 (commencing with Section 13100)
of Division 13.

begin insert 7921. end insert   

The office of member of county council shall be placed
on the presidential primary ballot under the heading “Party County
Council” in the place and manner designated for the office of
county central committee pursuant to Chapter 2 (commencing with
Section 13100) of Division 13. The subheading printed under party
central committees on the presidential primary ballot shall be in
substantially the following form: Member of Green Party County
Council, ___the __________ District or Member of the Green
Party County Council, _______ County.

begin insert 7922. end insert   

Except as otherwise provided in this section, the votes
cast for each candidate for member of county council shall be
included in the canvass and statement of results in a manner
similar to the vote for each candidate for county central committees
pursuant to Division 15 (commencing with Section 15000), and
specifically:

(a) The final total of votes cast for each candidate for member
of county council, including the name, address, and ballot
designation of each such candidate, and a specification as to which
candidates were declared elected shall be certified to the Secretary
of State without delay upon completion of the official canvass. The
county clerk shall simultaneously send one copy of this final
certification to the Green Party Liaison to the Secretary of State.

(b) As soon as practicable after the presidential primary
election, the Secretary of State shall prepare a certified list, by
county, of all elected Green Party members of county councils,
including their addresses and primary election ballot designations.
The Secretary of State shall send copies of the list to the registrar
of voters in each county no later than 45 days following the
presidential primary election. This list shall be maintained for
public inspection by the registrars of voters in each county until
a subsequent list is received.

(c) The Secretary of State, no later than 45 days following the
presidential primary election, shall send a notice by mail to each
of the elected members of county councils that informs the person
that she or he has been elected as a member of the county council.
The Secretary of State shall send a copy of the certified list of all
elected members of all county councils to the Green Party Liaison
to the Secretary of State.

begin insert 7923. end insert   

Notwithstanding any other provision of this code, a
write-in candidate for member of county council shall not be
declared elected unless the write-in candidate has received a
number of votes equal to or greater than 2 percent of the number
of party members voting in the county council election district at
the presidential primary or 20 votes, whichever is less.

 

Chapter   begin insert 4. end insert State Coordinating Committee

 

begin insert 7924. end insert   

The members of the state coordinating committee shall
be elected as provided in the Green Party bylaws and shall have
the responsibilities described in those bylaws.

begin insert 7925. end insert   

A person shall not be a member of the state coordinating
committee unless she or he is registered as a voter preferring the
Green Party.

begin insert 7926. end insert   

The state coordinating committee shall hold meetings
at least once during each year.

begin insert 7927. end insert   

(a) The state coordinating committee shall have the
authority to certify, as provided by Green Party bylaws, county
council members in the following counties:

(1) Counties where no county council candidates qualified for
the ballot in the preceding presidential primary election.

(2) Counties where all members of the county council have
become disqualified from holding office.

(b) County council members certified pursuant to this section
shall meet the qualifications otherwise required for county council
members. County council members certified pursuant to this section
shall be reported by the state coordinating committee to the
applicable county elections officials. County council members
certified under this section shall have all the powers and privileges
otherwise afforded to county councils.

begin insert 7928. end insert   

The state coordinating committee shall communicate in
writing to the Secretary of State the identity of the Green Party
Liaison to the Secretary of State.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 14310 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 2 of Chapter 906 of the Statutes of 2014, is amended to
read: end insert

14310.  

(a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot
be immediately established upon examination of the index of
registration for the precinct or upon examination of the records on
file with the county elections official, shall be entitled to vote a
provisional ballot as follows:

(1) An elections official shall advise the voter of the voter’s
right to cast a provisional ballot.

(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter’s
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).

(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter desires
to vote.

(b) Once voted, the voter’s ballot shall be sealed in a provisional
ballot envelope, and the ballot in its envelope shall be deposited
in the ballot box. All provisional ballots voted shall remain sealed
in their envelopes for return to the elections official in accordance
with the elections official’s instructions. The provisional ballot
envelopes specified in this subdivision shall be a color different
than the color of, but printed substantially similar to, the envelopes
used for vote by mail ballots, and shall be completed in the same
manner as vote by mail envelopes.

(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures
on vote by mail ballots pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. If the signatures
do not compare or the provisional ballot envelope is not signed,
the ballot shall be rejected. A variation of the signature caused by
the substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.

begin insert

(2) During the official canvass, the elections official shall also
compare the residence address provided by the voter on the
provisional ballot envelope with the most current residence address
on file. If the signatures compare after an examination pursuant
to paragraph (1) and the residence address provided matches the
most current residence address on file, the ballot shall be counted.
Except as provided in subparagraphs (A) and (B) and Section
14311, if the residence address provided on the provisional
envelope does not match the most current residence address on
file, the elections official shall review the provisional voter’s
registration record to attempt to verify the voter’s registration and
current residence address.

end insert begin insert

(A) If the voter provides an in-county residence address different
from the residence address in the official record, the elections
official shall duplicate or move the ballot to the precinct of the
new address on the provisional ballot envelope and count only the
races the voter is entitled to vote on. The voter shall be reregistered
at the residence address provided on the provisional ballot
envelope for future elections.

end insert begin insert

(B) If the voter provides a post office box or business address
on the line of the provisional ballot envelope requesting the voter’s
current residence address and, during the official canvass, the
elections official independently verifies the voter’s residence
address and the residence address is within the county where the
provisional ballot was cast, the ballot shall be counted. If the ballot
is counted, the elections official shall count only the races the voter
is entitled to vote on, based on the voter’s independently verified
residence address. This subparagraph does not require an elections
official to attempt to independently verify a voter’s residence
address during the official canvass.

end insert begin insert

(C) If the elections official’s review is not conclusive or the
voter provides an out-of-county address, the ballot shall be
rejected.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official’s
establishing begin delete prior to end delete begin insert before end insert the completion of the official canvass,
from the records in his or her office, the claimant’s right to vote;
or (B) the order of a superior court in the county of the voter’s
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time begin delete prior to end delete
begin insert before end insert completion of the official canvass. Any judicial action or
appeal shall have priority over all other civil matters. A fee shall
not be charged to the claimant by the clerk of the court for services
rendered in an action under this section.

begin delete

(3)

end delete

begin insert (4) end insert  The provisional ballot of a voter who is otherwise entitled
to vote shall not be rejected because the voter did not cast his or
her ballot in the precinct to which he or she was assigned by the
elections official.

(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote
in his or her assigned precinct, the elections official shall count
the votes for the entire ballot.

(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote
in his or her assigned precinct, the elections official shall count
only the votes for the candidates and measures on which the voter
was entitled to vote in his or her assigned precinct.

(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
begin delete whether end delete begin insert if end insert the voter’s provisional ballot was counted and, if not,
the reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose of ensuring the uniform application of this section.

(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote
by mail voter’s ballot.

(g) Any existing supply of envelopes marked “special challenged
ballot” may be used until the supply is exhausted.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 14310 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 3 of Chapter 906 of the Statutes of 2014, is amended to
read: end insert

14310.  

(a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot
be immediately established upon examination of the index of
registration for the precinct or upon examination of the records on
file with the county elections official, shall be entitled to vote a
provisional ballot as follows:

(1) An elections official shall advise the voter of the voter’s
right to cast a provisional ballot.

(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter’s registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).

(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter desires
to vote.

(b) Once voted, the voter’s ballot shall be sealed in a provisional
ballot envelope, and the ballot in its envelope shall be deposited
in the ballot box. All provisional ballots voted shall remain sealed
in their envelopes for return to the elections official in accordance
with the elections official’s instructions. The provisional ballot
envelopes specified in this subdivision shall be of a color different
than the color of, but printed substantially similar to, the envelopes
used for vote by mail ballots, and shall be completed in the same
manner as vote by mail envelopes.

(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures
on vote by mail ballots pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. If the signatures
do not compare or the provisional ballot envelope is not signed,
the ballot shall be rejected. A variation of the signature caused by
the substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.

begin insert

(2) During the official canvass, the elections official shall also
compare the residence address provided by the voter on the
provisional ballot envelope with the most current residence address
on file. If the signatures compare after an examination pursuant
to paragraph (1) and the residence address provided matches the
most current residence address on file, the ballot shall be counted.
Except as provided in subparagraphs (A) and (B) and Section
14311, if the residence address provided on the provisional
envelope does not match the most current residence address on
file, the elections official shall review the provisional voter’s
registration record to attempt to verify the voter’s registration and
current residence address.

end insert begin insert

(A) If the voter provides an in-county residence address different
from the residence address in the official record, the elections
official shall duplicate or move the ballot to the precinct of the
new address on the provisional ballot envelope and count only the
races the voter is entitled to vote on. The voter shall be reregistered
at the residence address provided on the provisional ballot
envelope for future elections.

end insert begin insert

(B) If the voter provides a post office box or business address
on the line of the provisional ballot envelope requesting the voter’s
current residence address and, during the official canvass, the
elections official independently verifies the voter’s residence
address and the residence address is within the county where the
provisional ballot was cast, the ballot shall be counted. If the ballot
is counted, the elections official shall count only the races the voter
is entitled to vote on, based on the voter’s independently verified
residence address. This subparagraph does not require an elections
official to attempt to independently verify a voter’s residence
address during the official canvass.

end insert begin insert

(C) If the elections official’s review is not conclusive or the
voter provides an out-of-county address, the ballot shall be
rejected.

end insert begin delete

(2)

end delete

begin insert (3) end insert  (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:

(i) The elections official establishes begin delete prior to end delete begin insert before end insert the
completion of the official canvass, from the records in his or her
office, the claimant’s right to vote.

(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170)
of Chapter 2 of Division 2.

(iii) Upon the order of a superior court in the county of the
voter’s residence.

(B)  A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time begin delete prior to end delete begin insert before end insert
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. A fee shall not be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.

begin delete

(3)

end delete

begin insert (4) end insert  The provisional ballot of a voter who is otherwise entitled
to vote shall not be rejected because the voter did not cast his or
her ballot in the precinct to which he or she was assigned by the
elections official.

(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote
in his or her assigned precinct, the elections official shall count
the votes for the entire ballot.

(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote
in his or her assigned precinct, the elections official shall count
only the votes for the candidates and measures on which the voter
was entitled to vote in his or her assigned precinct.

(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
begin delete whether end delete begin insert if end insert the voter’s provisional ballot was counted and, if not,
the reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose of ensuring the uniform application of this section.

(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote
by mail voter’s ballot.

(g) Any existing supply of envelopes marked “special challenged
ballot” may be used until the supply is exhausted.

begin delete SEC. 2. end delete
begin insert SEC. 7. end insert   

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.