Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2071

Introduced by Assembly Member Harper

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(Coauthors: Assembly Members Gallagher and Gatto)

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(Coauthor: Senator Bates)

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February 17, 2016

An actbegin insert to amend Sections 3020 and 4103 of the Elections Code,end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2071, as amended, Harper. Vote by mail ballots.

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Existing law requires that all vote by mail ballots cast 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 or no later than 8 p.m. on election day, as specified.

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Notwithstanding this requirement, existing law provides that a vote by mail ballot is considered timely cast if it is received by the voter’s election official via the United States Postal Service or a bona fide private mail delivery company no later than 3 days after election day if a specified requirement is met.

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This bill would define “bona fide private mail delivery company” for purposes of the above-described exception for ballots delivered after election day. The bill would require a person delivering vote by mail envelopes received by a bona fide private mail delivery company to present satisfactory proof, as determined by the elections official, of the company’s status as a bona fide private mail delivery company in order to process ballot envelopes. The bill would also require the elections official to retain the ballot and envelope of a vote by mail ballot delivered after election day by a bona fide private mail delivery company if the envelope has no postmark, a postmark with no date, or an illegible postmark for further evaluation in the event of an election contest.

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By imposing new requirements on local elections officials, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law allows a voter to apply for a vote by mail ballot, and requires a completed vote by mail ballot to be signed, returned, and counted in accordance with specified procedures. Existing law requires that all vote by mail ballots cast 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.
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This bill would declare the intent of the Legislature to enact legislation related to the processing and receipt of vote by mail ballots.
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Vote: majority. Appropriation: no. Fiscal committee: ~~begin deleteno end delete~~begin insertyesend insert. State-mandated local program: ~~begin deleteno end delete~~begin insertyesend insert.

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

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begin insertSECTIONend insertbegin insert 1.end insert

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begin insertSection 3020 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

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) begin insert(1)end insertbegin insert end insert Notwithstanding subdivision (a), any vote by mail ballot
8cast under this division shall be timely cast if it is received by the
9voter’s elections official via the United States Postal Service or a
10bona fide private mail delivery company no later than three days
11after election day and either of the following is satisfied:

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12(1)
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P3 1begin insert(A)end insert The ballot is postmarked on or before election day or is time
2stamped or date stamped by a bona fide private mail delivery
3company on or before election day.

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4(2)
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5begin insert(B)end insert If the ballot has no postmark, a postmark with no date, or
6an illegible postmark, the vote by mail ballot identification
7envelope is date stamped by the elections official upon receipt of
8the vote by mail ballot from the United States Postal Service or a
9bona fide private mail delivery company, and is signed and dated
10pursuant to Section 3011 on or before election day.

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11(2) (A) A person delivering vote by mail ballot envelopes
12received by a bona fide private mail delivery company pursuant
13to this subdivision shall present satisfactory proof, as determined
14by the elections official, of the company’s status as a bona fide
15private mail delivery company in order for the ballot envelopes to
16be processed. If the person cannot provide proof, the elections
17official shall not process the ballot envelopes but shall instead
18retain the ballot envelopes in the event of an election contest.

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19(B) If a vote by mail ballot envelope is delivered after election
20day by a bona fide private mail delivery company and the envelope
21has no postmark, a postmark with no date, or an illegible postmark,
22the elections official shall retain the ballot envelope and ballot for
23further evaluation in the event of an election contest.

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24(c) For purposes of this section, “bona fide private mail delivery
25company” means a for-profit courier service that is in the regular
26business of accepting a mail item, package, or parcel for the
27purpose of delivery, at a cost, to a person or entity whose address
28is specified on the item. A bona fide private mail delivery company
29includes, but is not limited to, DHL, Federal Express Corporation,
30and United Parcel Service.

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31begin insert

begin insertSEC. 2.end insert

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begin insertSection 4103 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

4103.

(a) Notwithstanding Section 3020, ballots cast under
33this chapter shall be returned to the elections official from whom
34they were obtained no later than 8 p.m. on election day.

35(b) begin insert(1)end insertbegin insert end insert Notwithstanding subdivision (a), any vote by mail ballot
36cast under this chapter shall be timely cast if it is received by the
37voter’s elections official via the United States Postal Service or a
38bona fide private mail delivery company no later than three days
39after election day and either of the following is satisfied:

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40(1)
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P4 1begin insert(A)end insert The ballot is postmarked on or before election day or is time
2stamped or date stamped by a bona fide private mail delivery
3company on or before election day.

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4(2)
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31begin insert

begin insertSEC. 3.end insert

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If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.

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36
SECTION 1.

It is the intent of the Legislature to enact
37legislation related to the processing and receipt of vote by mail
38ballots.

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