Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1461

Introduced by Assembly Member Gonzalez

February 27, 2015

An act begin insert to amend Sections 2027 and 14310 of the Elections Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1461, as amended, Gonzalez. begin delete Early voting. end delete begin insert Voter residency. end insert

begin insert

Existing law defines “residence” for voting purposes as a person’s domicile, which is defined as the place of a person’s fixed habitation, in which the person has the intention of remaining and to which the person has the intention of returning when absent. Existing law provides that residence in a trailer or vehicle, or at any public camp or camping ground, may constitute a person’s domicile for voting purposes.

end insert begin insert

This bill would provide that residence in a place of business or public space may also constitute a person’s domicile for voting purposes.

end insert begin insert

Existing law provides that at all elections 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, as prescribed. Existing law prohibits the rejection of a provisional ballot of a voter who is otherwise entitled to vote because the voter did not cast his or her ballot in the precinct to which he or she was assigned.

end insert begin insert

This bill additionally would prohibit the rejection of a provisional ballot because the address provided by the voter on the provisional ballot differs from the address contained in the voter’s affidavit of registration.

end insert begin delete

Existing law establishes procedures for voters to apply for a vote by mail ballot and use the ballot to vote in an election. Existing law allows a jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballots 29 days before the election.

end delete begin delete

This bill would declare that it is the intent of the Legislature to enact legislation allowing in-person voting at county offices before the day of the election.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2027 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

2027.  

begin insert (a) end insert begin insert   end insert The place where a person’s family is domiciled is
his or her domicile unless it is a place for temporary establishment
for his or her family or for transient objects.

begin insert (b) end insert begin insert   end insert Residence in a begin delete trailer or vehicle end delete begin insert trailer, vehicle, place of
business, or public space, end insert or at any public camp or camping
ground begin insert , end insert may constitute a domicile for voting purposes if the
registrant complies with the other requirements of this article.

begin insert

begin insert SEC. 2. end insert   

end insert

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

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

(3)  begin insert (A) end insert begin insert   end insert The provisional ballot of a voter who is otherwise
entitled to vote shall not be rejected begin delete because the end delete begin insert for either of the
following reasons: end insert

begin insert (i) end insert begin insert   end insert begin insert The address provided by the voter on the provisional ballot
differs from the address contained in the voter’s affidavit of
registration. end insert

begin insert (ii) end insert begin insert   end insert begin insert The end insert voter did not cast his or her ballot in the precinct to
which he or she was assigned by the elections official.

begin delete

(A)

end delete

begin insert (B) end insert   begin insert (i) end insert begin insert   end insert 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.

begin delete

(B)

end delete

begin insert (ii) end insert  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
whether 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.

begin insert

begin insert SEC. 3. end insert   

end insert

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

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) (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 prior to 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 prior to 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.

(3)  begin insert (A) end insert begin insert   end insert The provisional ballot of a voter who is otherwise
entitled to vote shall not be rejected begin delete because the end delete begin insert end insert begin insert for either of the
following reasons: end insert

begin insert

(i) The address provided by the voter on the provisional ballot
differs from the address contained in the voter’s affidavit of
registration.

end insert

begin insert (ii) end insert begin insert   end insert begin insert The end insert voter did not cast his or her ballot in the precinct to
which he or she was assigned by the elections official.

begin delete

(A)

end delete

begin insert (B) end insert   begin insert (i) end insert begin insert   end insert 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.

begin delete

(B)

end delete

begin insert (ii) end insert  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
whether 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.

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation allowing in-person voting at county offices before the
day of the election.

end delete