BILL NUMBER: AB 477 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Mullin
FEBRUARY 23, 2015
An act to amend Sections 3019, 6901, and 14310
3019 and 6901 of, and to add
Chapter 5 (commencing with Section 6850) to Part 1 of Division 6
and of, and to add 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.
(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.
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.
(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.
(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.
SEC. 1.5. Section 3019 of the Elections
Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine whether
if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature,
signature and that is part of the voter's registration
record, and that the elections official has determined
compares with the signature on the voter's affidavit of registration
or 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.
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, provided
that any file or list of registered voters if
the method of preparing and displaying the facsimiles
file or list complies with the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official is authorized to may use
signature verification technology. If signature verification
technology determines the signatures do not compare, the elections
official shall not reject the ballot unless he or she visually
examines the signatures and verifies that the signatures do not
compare.
(f) (1) (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.
(f)
(g) A ballot shall not be removed from its
identification envelope until the time for processing ballots. A
ballot shall not be rejected for cause after the identification
envelope has been opened.
SEC. 2. 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:
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] _____________________________
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 ) ss.
County of ______
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 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) _____________________________
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
is
comprise s d of 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. Multi-member
Multimember districts shall conform to the county boundaries or
recognized jurisdictional boundaries of Congressional, State
Assembly, State Senate Senate, 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.
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.
SEC. 5. 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.
SEC. 7. SEC. 6. 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.