AB 1271, as introduced, Grove. Elections: vote by mail ballots.
Existing law requires that all vote by mail ballots be received by the elections official from whom they were obtained or by the precinct board no later than the close of the polls on election day. Existing law, notwithstanding that provision, provides that a vote by mail ballot is timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than 3 days after election day and either (1) the ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day, or (2) if the ballot has no postmark, a postmark with no date, or an illegible postmark, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated by the voter, as specified, on or before election day.
This bill would instead provide that a vote by mail ballot is timely cast if it is received by the voter’s elections official via the United States Postal Service no later than 3 days after election day and the ballot is postmarked on or before election day.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3020 of the Elections Code is amended
2to read:
(a) All vote by mail ballots cast under this division shall
4be received by the elections official from whom they were obtained
5or by the precinct board no later than the close of the polls on
6election day.
7(b) Notwithstanding subdivision (a), any vote by mail ballot
8cast under this division shall be timely cast if it is received by the
9voter’s elections official via the United States Postal Servicebegin delete or a no later than three days
10bona fide private mail delivery companyend delete
11after election day andbegin delete either of the following is satisfied:end deletebegin insert
the ballot
12is postmarked on or before election dayend insertbegin insert.end insert
13(1) The ballot is postmarked on or before election day or is time
14stamped or date stamped by a
bona fide private mail delivery
15company on or before election day.
16(2) If the ballot has no postmark, a postmark with no date, or
17an illegible postmark, the vote by mail ballot identification
18envelope is date stamped by the elections official upon receipt of
19the vote by mail ballot from the United States Postal Service or a
20bona fide private mail delivery company, and is signed and dated
21pursuant to Section 3011 on or before election day.
Section 4103 of the Elections Code is amended to read:
(a) Notwithstanding Section 3020, ballots cast under
24this chapter shall be returned to the elections official from whom
25they were obtained no later than 8 p.m. on election day.
26(b) Notwithstanding subdivision (a), any vote by mail ballot
27cast under this chapter shall be timely cast if it is received by the
28voter’s elections official via the United States Postal Servicebegin delete or a no later than three days
29bona fide private mail delivery companyend delete
30after election day andbegin delete either of the following is satisfied:end deletebegin insert the ballot
31is
postmarked on or before election dayend insertbegin insert.end insert
32(1) The ballot is postmarked on or before election day or is time
33stamped or date stamped by a bona fide private mail
delivery
34company on or before election day.
P3 1(2) If the ballot has no postmark, a postmark with no date, or
2an illegible postmark, the vote by mail ballot identification
3envelope is date stamped by the elections official upon receipt of
4the vote by mail ballot from the United States Postal Service or a
5bona fide private mail delivery company, and is signed and dated
6pursuant to Section 3011 on or before election day.
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