Amended in Assembly May 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1271


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 amended, 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.begin insert The bill would also provide that a vote by mail ballot cast by a military or overseas voter is timely cast if it is received by the voter’s elections official no later than 3 days after election day and the ballot is postmarked by a certified foreign postal service on or before election day.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3020 of the Elections Code is amended
2to read:

3

3020.  

(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),begin delete anyend deletebegin insert aend insert vote by mail ballot
8cast under this divisionbegin delete shall beend deletebegin insert isend insert timely cast if it is received by
9the voter’s elections official via the United States Postal Service
10no later than three days after election day and the ballot is
11postmarked on or before election day.

begin insert

12(c) Notwithstanding subdivision (a), a vote by mail ballot cast
13by a military or overseas voter under this division is timely cast if
14it is received by the voter’s elections official no later than three
15days after election day and the ballot is postmarked by a certified
16foreign postal service on or before election day.

end insert
17

SEC. 2.  

Section 4103 of the Elections Code is amended to read:

18

4103.  

(a) Notwithstanding Section 3020, ballots cast under
19this chapter shall be returned to the elections official from whom
20they were obtained no later than 8 p.m. on election day.

21(b) Notwithstanding subdivision (a),begin delete anyend deletebegin insert aend insert vote by mail ballot
22cast under this chapterbegin delete shall beend deletebegin insert isend insert timely cast if it is received by
23the voter’s elections official via the United States Postal Service
24no later than three days after election day and the ballot is
25postmarked on or before election day.

begin insert

26(c) Notwithstanding subdivision (a), a vote by mail ballot cast
27by a military or overseas voter under this chapter is timely cast if
28it is received by the voter’s elections official no later than three
P3    1days after election day and the ballot is postmarked by a certified
2foreign postal service on or before election day.

end insert


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