BILL NUMBER: AB 1271	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 27, 2015

   An act to amend Sections 3020 and 4103 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3020 of the Elections Code is amended to read:
   3020.  (a) All vote by mail ballots cast under this division shall
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.
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be 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 three days after election day and  either of the
following is satisfied:   the ballot is postmarked on or
before election day   .  
   (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.  
   (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 pursuant to
Section 3011 on or before election day. 
  SEC. 2.  Section 4103 of the Elections Code is amended to read:
   4103.  (a) Notwithstanding Section 3020, ballots cast under this
chapter shall be returned to the elections official from whom they
were obtained no later than 8 p.m. on election day.
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be 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 three days after election day and  either of the
following is satisfied:   the ballot is  
postmarked on or before election day   .  
   (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.  
   (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 pursuant to
Section 3011 on or before election day.