BILL NUMBER: AB 1461	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1461, as amended, Gonzalez.  Early voting. 
 Voter residency.  
   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.  
   This bill would provide that residence in a place of business or
public space may also constitute a person's domicile for voting
purposes.  
   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.  
   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.  
   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.
 
   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. 
   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 2027 of the  
Elections Code   is amended to read: 
   2027.   (a)    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.
    (b)    Residence in a  trailer or
vehicle   trailer, vehicle, place of business, or public
space,  or at any public camp or camping ground  , 
may constitute a domicile for voting purposes if the registrant
complies with the other requirements of this article.
   SEC. 2.    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) 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)  (A)    The provisional ballot of a voter
who is otherwise entitled to vote shall not be rejected 
because the   for either of the following reasons: 

    (i)     The address provided by the voter
on the provisional ballot differs from the address contained in the
voter's affidavit of registration. 
    (ii)     The  voter did not cast his
or her ballot in the precinct to which he or she was assigned by the
elections official. 
   (A) 
    (B)   (i)    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) 
    (ii)  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.
   SEC. 3.    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) (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)  (A)    The provisional ballot of a voter
who is otherwise entitled to vote shall not be rejected 
because the     for either of the following
reasons:  
   (i) The address provided by the voter on the provisional ballot
differs from the address contained in the voter's affidavit of
registration. 
    (ii)     The  voter did not cast his
or her ballot in the precinct to which he or she was assigned by the
elections official. 
   (A) 
    (B)   (i)    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) 
    (ii)  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. 
  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.