Amended in Senate June 30, 2016

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.

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

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) 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:

12(1) The ballot is postmarked on or before election day or is time
13stamped or date stamped by a bona fide private mail delivery
14company on or before election day.

15(2) If the ballot has no postmark, a postmark with no date, or
16an illegible postmark, the vote by mail ballot identification
17envelope is date stamped by the elections official upon receipt of
18the vote by mail ballot from the United States Postal Service or a
19bona fide private mail delivery company, and is signed and dated
20pursuant to Section 3011 on or before election day.

21(c) For purposes of this section, “bona fide private mail delivery
22company” means abegin delete for-profitend delete courier service that is in the regular
23business of accepting a mail item, package, or parcel for the
24purpose ofbegin delete delivery, at a cost,end deletebegin insert deliveryend insert to a person or entity whose
25address is specified on the item.begin delete A bona fide private mail delivery
26company includes, but is not limited to, DHL, Federal Express
27Corporation, and United Parcel Service.end delete

28

SEC. 2.  

Section 4103 of the Elections Code is amended to read:

29

4103.  

(a) Notwithstanding Section 3020, ballots cast under
30this chapter shall be returned to the elections official from whom
31they were obtained no later than 8 p.m. on election day.

32(b) Notwithstanding subdivision (a), any vote by mail ballot
33cast under this chapter shall be timely cast if it is received by the
34voter’s elections official via the United States Postal Service or a
35bona fide private mail delivery company no later than three days
36after election day and either of the following is satisfied:

P3    1(1) 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.

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

10(c) For purposes of this section, “bona fide private mail delivery
11company” means abegin delete for-profitend delete courier service that is in the regular
12business of accepting a mail item, package, or parcel for the
13purpose ofbegin delete delivery, at a cost,end deletebegin insert deliveryend insert to a person or entity whose
14address is specified on the item.begin delete A bona fide private mail delivery
15company includes, but is not limited to, DHL, Federal Express
16Corporation, and United Parcel Service.end delete



O

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