Amended in Senate August 31, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 477, as amended, Mullin. Elections: ballots and the Green Party.

(1) 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 (A) the signature appearing on the voter’s affidavit of registration or a previous affidavit of registration of the voter, or (B) 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 (B) 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 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff 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.

(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.

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

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.

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.

begin delete

(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 delete begin delete

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 delete begin insert

(3) This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

(4) 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 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 eighth
day after the election.

(ii) Before 5 p.m. on the eighth 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 dropoff
box.

(B) If timely submitted, the elections official shall accept any
completed unsigned ballot statement. Upon receipt of the unsigned
ballot statement, 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 eighth 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 dropoff 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. 1.5. end insert   

end insert

begin insert Section 3019 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

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 begin delete whether end delete begin insert if end insert the signatures
compare:

(1) The signature appearing on the voter’s affidavit of
registration or any previous affidavit of registration of the voter.

(2) The signature appearing on a form issued by an elections
official that contains the voter’s begin delete signature, end delete begin insert signature and end insert that is
part of the voter’s registration begin delete record, and that the elections official
has determined compares with the signature on the voter’s affidavit
of registration or any 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. end delete begin insert record. end insert

(b) In comparing signatures pursuant to subdivision (a), the
elections official may use begin delete the duplicate file of affidavits of
registered voters or facsimiles of voters’ signatures, provided that end delete
begin insert any file or list of registered voters if end insert the method of preparing and
displaying the begin delete facsimiles end delete begin insert file or list end insert 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 begin delete is authorized to end delete begin insert may end insert 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.

begin insert

(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:

end insert begin insert

(i) Signs the identification envelope at the office of the elections
official during regular business hours before 5 p.m. on the eighth
day after the election.

end insert begin insert

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

end insert

 

begin insert

begin insert “UNSIGNED BALLOT STATEMENT end insert

begin insert   end insert

begin insert I,   , am a registered voter of __________ County, end insert

begin insert 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. end insert

begin insert  Voter’s Signature     end insert

begin insert  Address”          end insert

end insert

 

begin insert

(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 dropoff
box.

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(2) Instructions shall accompany the unsigned ballot statement
in substantially the following form:

end insert

 

begin insert

begin insert “READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. end insert

begin insert 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 eighth day after the election. end insert

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

begin insert 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. end insert

begin insert 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 dropoff box before the close of the polls on election day. end insert

end insert

 

begin insert

(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.

end insert begin insert

(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.

end insert begin delete

(f)

end delete

begin insert (g) end insert  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.  

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

 

Chapter  5. Green Party Presidential Primary

 

Article 1.  General Provisions

 

6850.  

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.

6850.5.  

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.

6850.7.  

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

 

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

 

6851.  

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.

6851.5.  

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.

6852.  

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.

6852.5.  

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.

6853.  

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.

6853.5.  

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 3.  Preparation, Circulation, and Filing of Nominating
Papers

 

6854.  

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

6854.5.  

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.

6855.  

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.

6855.5.  

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.

6856.  

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.

6856.5.  

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.

6857.  

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

begin delete

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] _____________________________

end delete

 

begin insert

begin insert SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE end insert
begin insert   end insert
begin insert Section ____________ Page ____________ end insert
begin insert   end insert
begin insert County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. end insert
begin insert   end insert
begin insert State of California County of      end insert	begin insert  ⎱ ⎰ end insert	begin insert ss. end insert
begin insert   end insert
begin insert SIGNER’S STATEMENT end insert
begin insert   end insert
begin insert  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. end insert
begin insert   end insert
begin insert Number_________Signature_________Printed name_________Residence  end insert
begin insert       end insert
begin insert  1.      end insert
begin insert  2.      end insert
begin insert  3.      end insert
begin insert etc. end insert
begin insert   end insert
begin insert CIRCULATOR’S DECLARATION end insert
begin insert   end insert
begin insert  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 or number 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] _____________________________ end insert

end insert

 

6857.5.  

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

6858.  

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.

6858.5.  

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.

6859.  

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.

6859.5.  

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

 

CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION PAPERS OF A CANDIDATE
To the Secretary of State:
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 begin delete comprises end delete begin insert is comprised of end insert the following: _______________________________________________________
Dated this ________ day of ________, 20___.
	________________________
(SEAL)	County Elections Official  By       Deputy

 

6860.  

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 4.  Green Party Presidential Primary Ballot

 

6861.  

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

6861.5.  

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.”

6862.  

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 5.  Certification of National Convention Delegates Election and Postelection Proceedings

 

6863.  

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.

6863.5.  

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 6.  Presidential Electors

 

6864.  

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.

SEC. 3.  

Section 6901 of the Elections Code is amended to read:

6901.  

Whenever a political party, in accordance with Section
6864, 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.

SEC. 4.  

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

 

PART 6.  Green Party

 

Chapter  1. General Provisions

 

7900.  

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  2. Members of County Councils

 

7901.  

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

7902.  

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.

7903.  

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.

7904.  

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.

7905.  

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.

7906.  

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.

7907.  

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.

7908.  

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

7909.  

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.

7910.  

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  3. Election of County Councils

 

7911.  

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

7912.  

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.

7913.  

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.

7914.  

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.

7915.  

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.

7916.  

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.

7917.  

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.

7918.  

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.

7919.  

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.

7920.  

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.

7921.  

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.

7922.  

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.

7923.  

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  4. State Coordinating Committee

 

7924.  

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.

7925.  

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.

7926.  

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

7927.  

(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.

7928.  

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.

begin delete

SEC. 5.  

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

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.

(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.

(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.

(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.

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

(3) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official’s
establishing before 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 before 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.

(4) 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
if 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.

SEC. 6.  

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

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.

(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.

(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.

(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.

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

(3) (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 before 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 before 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.

(4) 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
if 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.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 3019 of the Elections Code proposed by both this bill and
Assembly Bill 1020. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 3019 of the Elections Code, and (3)
this bill is enacted after Assembly Bill 1020, in which case Section
1 of this bill shall not become operative.

end insert

begin delete SEC. 7. end delete
begin insert SEC. 6. 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.