Amended in Senate August 8, 2016

Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1921

Introduced by Assembly Member Gonzalez

February 11, 2016

An act to amend Section 3017 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1921, as amended, Gonzalez. Elections: vote by mail ballots.

Existing law requires that the vote by mail ballot be available to any registered voter. Under existing law, a voter who is unable to return his or her vote by mail ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or person residing in the same household as the vote by mail voter to return the vote by mail ballot. Except in the case of a candidate or the spouse of a candidate, existing law prohibits the return of a voter’s vote by mail ballot by one of those designees who is also a paid or volunteer worker of a general purpose committee, controlled committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service.

This bill would remove those restrictions and instead authorize the designation of any person to return a vote by mail ballot. The bill would prohibit a person designated to return a vote by mail ballot from receiving any form of compensation, as defined, based on the number of ballots that the person has returned and would prohibit an individual, group, or organization from providing compensation on this basis. The bill would state that any person in charge of a vote by mail ballot who knowingly and willingly engages in criminal acts related to that ballot is subject to the appropriate punishment pursuant to existing law.

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This bill would incorporate additional changes to Section 3017 of the Elections Code proposed by SB 450 that would become operative only if SB 450 and this bill are both chaptered and this bill is chaptered last.

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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 3017 of the Elections Code is amended
to read:

3017.  

(a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came, (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction, or (3)
return the ballot to the elections official from whom it came at a
vote by mail ballot drop-off location, if provided pursuant to
Section 3025. However, a vote by mail voter who is unable to
return the ballot may designate any person to return the ballot to
the elections official from whom it came or to the precinct board
at a polling place within the jurisdiction. The ballot must, however,
be received by either the elections official from whom it came or
the precinct board before the close of the polls on election day.

(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.

(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means
of online access using the county’s elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.

(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in compliance
with this section.

(e) (1) A person designated to return a vote by mail ballot shall
not receive any form of compensation based on the number of
ballots that the person has returned and no individual, group, or
organization shall provide compensation on this basis.

(2) For purposes of this paragraph, “compensation” means any
form of monetary payment, goods, services, benefits, promises or
offers of employment, or any other form of consideration offered
to another person in exchange for returning another voter’s vote
by mail ballot.

(3) Any person in charge of a vote by mail ballot and who
knowingly and willingly engages in criminal acts related to that
ballot as described in Division 18 (commencing with Section
18000), including, but not limited to, fraud, bribery, intimidation,
and tampering with or failing to deliver the ballot in a timely
fashion, is subject to the appropriate punishment specified in that
division.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 3017 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

3017.  

(a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official begin delete from
whom it came, end delete begin insert who issued the ballot, end insert (2) return the ballot in person
to a member of a precinct board at a polling place begin insert or vote center end insert
within the begin delete jurisdiction, end delete begin insert state, end insert or (3) return the ballot to begin delete the elections
official from whom it came at end delete a vote by mail ballot begin delete drop-off
location, if end delete begin insert dropoff location within the state that is end insert provided
pursuant to Section begin delete 3025. end delete begin insert 3025 or 4005. end insert However, a vote by mail
voter who is unable to return the ballot may designate begin delete his or her
spouse, child, parent, grandparent, grandchild, brother, sister, or
a person residing in the same household as the vote by mail voter end delete
begin insert any person end insert to return the ballot to the elections official begin delete from whom
it came or end delete begin insert who issued the ballot, end insert to the precinct board at a polling
place begin insert or vote center end insert within the begin delete jurisdiction. end delete begin insert state, or to a vote by
mail ballot dropoff location within the state that is provided
pursuant to Section 3025 or 4005. end insert The ballot must, however, be
received by begin delete either end delete the elections official begin delete from whom it came or end delete begin insert who
issued the ballot, end insert the precinct begin delete board end delete begin insert board, or the vote by mail
ballot dropoff location end insert before the close of the polls on election
day. begin insert If a vote by mail ballot is returned to a precinct board at a
polling place or vote center, or to a vote by mail ballot dropoff
location, that is located in a county that is not the county of the
elections official who issued the ballot, the elections official for
the county in which the vote by mail ballot is returned shall forward
the ballot to the elections official who issued the ballot no later
than eight days after receipt. end insert

(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.

(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means
of online access using the county’s elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.

(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in compliance
with this section.

(e)  begin delete Notwithstanding subdivision (a), a end delete begin insert (1) end insert begin insert   end insert begin insert A person designated
to return a end insert vote by mail begin delete voter’s end delete ballot shall not begin delete be returned by a
paid or volunteer worker of a general purpose committee,
controlled committee, independent expenditure committee, political
party, candidate’s campaign committee, or any other group or
organization at whose behest the individual designated to return
the ballot is performing a service. However, this subdivision does
not apply to a candidate or a candidate’s spouse. end delete begin insert receive any form
of compensation based on the number of ballots that the person
has returned and no individual, group, or organization shall
provide compensation on this basis. end insert

begin insert

(2) For purposes of this paragraph, “compensation” means
any form of monetary payment, goods, services, benefits, promises
or offers of employment, or any other form of consideration offered
to another person in exchange for returning another voter’s vote
by mail ballot.

end insert begin insert

(3) Any person in charge of a vote by mail ballot and who
knowingly and willingly engages in criminal acts related to that
ballot as described in Division 18 (commencing with Section
18000), including, but not limited to, fraud, bribery, intimidation,
and tampering with or failing to deliver the ballot in a timely
fashion, is subject to the appropriate punishment specified in that
division.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 3017 of the Elections Code proposed by both this bill and
Senate Bill 450. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 3017 of the Elections Code, and (3) this
bill is enacted after Senate Bill 450, in which case Section 1 of this
bill shall not become operative.

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