Amended in Assembly April 19, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2071


Introduced by Assembly Member Harper

(Coauthors: Assembly Members Gallagher and Gatto)

(Coauthor: Senator Bates)

February 17, 2016


An act to amend Sections 3020 and 4103 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

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

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.

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.

This bill would define “bona fide private mail delivery company” for purposes of the above-described exception for ballots delivered after election day.begin delete 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.end delete

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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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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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) begin delete(1)end deletebegin deleteend deleteNotwithstanding 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(A)

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13begin insert(1)end insert The ballot is postmarked on or before election day or is time
14stamped or date stamped by a bona fide private mail delivery
15company on or before election day.

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16(B)

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17begin insert(2)end insert If the ballot has no postmark, a postmark with no date, or
18an illegible postmark, the vote by mail ballot identification
19envelope is date stamped by the elections official upon receipt of
20the vote by mail ballot from the United States Postal Service or a
P3    1bona fide private mail delivery company, and is signed and dated
2pursuant to Section 3011 on or before election day.

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3(2) (A) A person delivering vote by mail ballot envelopes
4received by a bona fide private mail delivery company pursuant
5to this subdivision shall present satisfactory proof, as determined
6by the elections official, of the company’s status as a bona fide
7private mail delivery company in order for the ballot envelopes to
8be processed. If the person cannot provide proof, the elections
9official shall not process the ballot envelopes but shall instead
10retain the ballot envelopes in the event of an election contest.

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11(B) If a vote by mail ballot envelope is delivered after election
12day by a bona fide private mail delivery company and the envelope
13has no postmark, a postmark with no date, or an illegible postmark,
14the elections official shall retain the ballot envelope and ballot for
15further evaluation in the event of an election contest.

end delete

16(c) For purposes of this section, “bona fide private mail delivery
17company” means a for-profit courier service that is in the regular
18business of accepting a mail item, package, or parcel for the
19purpose of delivery, at a cost, to a person or entity whose address
20is specified on the item. A bona fide private mail delivery company
21includes, but is not limited to, DHL, Federal Express Corporation,
22and United Parcel Service.

23

SEC. 2.  

Section 4103 of the Elections Code is amended to read:

24

4103.  

(a) Notwithstanding Section 3020, ballots cast under
25this chapter shall be returned to the elections official from whom
26they were obtained no later than 8 p.m. on election day.

27(b) begin delete(1)end deletebegin deleteend deleteNotwithstanding subdivision (a), any vote by mail ballot
28cast under this chapter shall be timely cast if it is received by the
29voter’s elections official via the United States Postal Service or a
30bona fide private mail delivery company no later than three days
31after election day and either of the following is satisfied:

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32(A)

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33begin insert(1)end insert The ballot is postmarked on or before election day or is time
34stamped or date stamped by a bona fide private mail delivery
35company on or before election day.

begin delete

36(B)

end delete

37begin insert(2)end insert If the ballot has no postmark, a postmark with no date, or
38an illegible postmark, the vote by mail ballot identification
39envelope is date stamped by the elections official upon receipt of
40the vote by mail ballot from the United States Postal Service or a
P4    1bona fide private mail delivery company, and is signed and dated
2pursuant to Section 3011 on or before election day.

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3(2) (A) A person delivering vote by mail ballot envelopes
4received by a bona fide private mail delivery company pursuant
5to this subdivision shall present satisfactory proof, as determined
6by the elections official, of the company’s status as a bona fide
7private mail delivery company in order for the ballot envelopes to
8be processed. If the person cannot provide proof, the elections
9official shall not process the ballot envelopes but shall instead
10retain the ballot envelopes in the event of an election contest.

11(B) If a vote by mail ballot envelope is delivered after election
12day by a bona fide private mail delivery company and the envelope
13has no postmark, a postmark with no date, or an illegible postmark,
14the elections official shall retain the ballot envelope and ballot for
15further evaluation in the event of an election contest.

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16(c) For purposes of this section, “bona fide private mail delivery
17company” means a for-profit courier service that is in the regular
18business of accepting a mail item, package, or parcel for the
19purpose of delivery, at a cost, to a person or entity whose address
20is specified on the item. A bona fide private mail delivery company
21includes, but is not limited to, DHL, Federal Express Corporation,
22and United Parcel Service.

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23

SEC. 3.  

If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.

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