AB 2089,
as amended, Quirk. begin deleteElections: vote by mail ballots.end deletebegin insertVote by mail ballots: voter notification.end insert
Existing law requires a county elections official to establish a free access system that allows a vote by mail voter to learn if his or her vote by mail ballot was counted, and, if not, the reason why the ballot was not counted. Existing law requires the elections official to make the free access system available to a vote by mail voter upon completion of the official canvass and for 30 days after completion of the official canvas.
end insertbegin insertThis bill would require a county elections official to additionally notify a voter if his or her vote by mail ballot was not counted. By imposing an additional duty on local elections officials, the bill would create a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to this provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 3019.5 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert
(a) A county elections official shall establish a free
4access system that allows a vote by mail voter to learn if his or her
5vote by mail ballot was counted and, if not, the reason why the
6ballot was not counted. For each election, the elections official
7shall make the free access system available to a vote by mail voter
8upon completion of the official canvass and for 30 days after
9completion of the official canvas.
10(b) For purposes of establishing the free access system for vote
11by mail ballots required by subdivision (a), a county elections
12official may use the free access system for provisional ballots
13established by the county pursuant to Section 302 of the federal
14Help America Vote Act of 2002 (52 U.S.C. Sec. 21082).
15(c) If a county elections official elects not to mail a sample ballot
16to a voter pursuant to Section 13305, the elections official shall
17use any savings achieved to offset the costs associated with
18establishing the free access system for vote by mail ballots required
19by subdivision (a).
20(d) In addition to establishing a free access system pursuant to
21subdivision (a), a county elections official shall notify a voter if
22his or her vote by mail ballot was not counted.
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
P3 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
Section 3006 of the Elections Code is amended
4to read:
(a) A printed application that is to be distributed to a
6voter for requesting a vote by mail voter’s ballot shall inform the
7voter that the application for the vote by mail voter’s ballot must
8be received by the elections official no later than seven days before
9the date of the election and shall contain spaces for the following:
10(1) The printed name and residence address of
the voter as it
11appears on the affidavit of registration.
12(2) The address to which the ballot is to be mailed.
13(3) The voter’s signature.
14(4) The name and date of the election for which the request is
15to be made.
16(b) (1) The information required by paragraphs (1) and (4) of
17subdivision (a) may be preprinted on the application. The
18information required by paragraphs (2) and (3) of subdivision (a)
19shall be personally affixed by the voter.
20(2) An address, as required by paragraph (2) of subdivision (a),
21may not be the address of a political party, a political campaign
22headquarters, or a candidate’s residence. However, a candidate,
23his or her spouse, immediate family
members, and any other voter
24who shares the same residence address as the candidate may request
25that a vote by mail ballot be mailed to the candidate’s residence
26address.
27(3) An application that contains preprinted information shall
28contain a conspicuously printed statement substantially similar to
29the following: “You have the legal right to mail or deliver this
30application directly to the local elections official of the county
31where you reside.”
32(4) A printed vote by mail application that allows a voter to
33submit the application by mail shall inform the voter of the address
34for the elections official and specify that address as the only
35appropriate destination address for mailing the application. Nothing
36in this subdivision shall be construed to prohibit an individual,
37organization, or group that distributes applications for vote by mail
38voter ballots from collecting or receiving
applications from voters,
39as described in Section 3008, by means other than having the
P4 1applications mailed directly to the address of the distributing
2individual, organization, or group.
3(c) The application shall inform the voter that if he or she has
4declined to disclose a preference for a political party, the voter
5may request a vote by mail ballot for a particular political party
6for the partisan primary election, if that political party has adopted
7a party rule, duly noticed to the Secretary of State, authorizing that
8vote. The application shall contain a toll-free telephone number,
9established by the Secretary of State, that the voter may call to
10access information regarding which political parties have adopted
11such a rule. The application shall contain a checkoff box with a
12conspicuously printed statement that reads substantially similar to
13the following: “I have declined to disclose a preference for a
14qualified political party. However,
for this primary election only,
15I request a vote by mail ballot for the _________ Party.” The name
16of the political party shall be personally affixed by the voter.
17(d) The application shall provide the voter with information
18concerning the procedure for establishing permanent vote by mail
19voter status, and the basis upon which permanent vote by mail
20voter status is claimed.
21(e) The application shall be attested to by the voter as to the
22truth and correctness of its content, and shall be signed under
23penalty of perjury.
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