California Legislature—2015–16 Regular Session

Assembly BillNo. 2089


Introduced by Assembly Member Quirk

February 17, 2016


An act to amend Section 3006 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2089, as introduced, Quirk. Elections: vote by mail ballots.

Existing law requires a vote by mail ballot to be available to any registered voter. Existing law requires a printed application that is to be distributed to a voter for requesting a vote by mail voter’s ballot to inform the voter that the application must be received by the elections official not later than 7 days before the date of the election and requires the printed application to contain spaces for the input of specified information.

This bill would make technical, nonsubstantive changes to this provision.

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

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

P1    1

SECTION 1.  

Section 3006 of the Elections Code is amended
2to read:

3

3006.  

(a) A printed application that is to be distributed to a
4voter for requesting a vote by mail voter’s ballot shall inform the
5voter that the application for the vote by mail voter’s ballot must
6be received by the elections officialbegin delete notend deletebegin insert noend insert later than seven days
P2    1begin delete prior toend deletebegin insert beforeend insert the date of the election and shall contain spaces for
2the following:

3(1) The printed name and residence address of the voter as it
4appears on the affidavit of registration.

5(2) The address to which the ballot is to be mailed.

6(3) The voter’s signature.

7(4) The name and date of the election for which the request is
8to be made.

9(b) (1) The information required by paragraphs (1) and (4) of
10subdivision (a) may be preprinted on the application. The
11information required by paragraphs (2) and (3) of subdivision (a)
12shall be personally affixed by the voter.

13(2) An address, as required by paragraph (2) of subdivision (a),
14may not be the address of a political party, a political campaign
15headquarters, or a candidate’s residence. However, a candidate,
16his or her spouse, immediate family members, and any other voter
17who shares the same residence address as the candidate may request
18that a vote by mail ballot be mailed to the candidate’s residence
19address.

20(3) An application that contains preprinted information shall
21contain a conspicuously printed statement substantially similar to
22the following: “You have the legal right to mail or deliver this
23application directly to the local elections official of the county
24where you reside.”

25(4) A printed vote by mail application that allows a voter to
26submit the application by mail shall inform the voter of the address
27for the elections official and specify that address as the only
28appropriate destination address for mailing the application. Nothing
29in this subdivision shall be construed to prohibit an individual,
30organization, or group that distributes applications for vote by mail
31voter ballots from collecting or receiving applications from voters,
32as described in Section 3008, by means other than having the
33applications mailed directly to the address of the distributing
34individual, organization, or group.

35(c) The application shall inform the voter that if he or she has
36declined to disclose a preference for a political party, the voter
37may request a vote by mail ballot for a particular political party
38for the partisan primary election, if that political party has adopted
39a party rule, duly noticed to the Secretary of State, authorizing that
40vote. The application shall contain a toll-free telephone number,
P3    1established by the Secretary of State, that the voter may call to
2access information regarding which political parties have adopted
3such a rule. The application shall contain a checkoff box with a
4conspicuously printed statement that reads substantially similar to
5the following: “I have declined to disclose a preference for a
6qualified political party. However, for this primary election only,
7I request a vote by mail ballot for the _________ Party.” The name
8of the political party shall be personally affixed by the voter.

9(d) The application shall provide the voter with information
10concerning the procedure for establishing permanent vote by mail
11voter status, and the basis upon which permanent vote by mail
12voter status is claimed.

13(e) The application shall be attested to by the voter as to the
14truth and correctness of its content, and shall be signed under
15penalty of perjury.



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