BILL NUMBER: AB 2089	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 17, 2016

   An act to amend Section  3006   3019.5 
of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2089, as amended, Quirk.  Elections: vote by mail
ballots.   Vote by mail ballots: voter notification.
 
   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.  
   This 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.
 
   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.  
   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.  
   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
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3019.5 of the  
Elections Code   is amended to read: 
   3019.5.  (a) A county elections official shall 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. For each election, the elections official
shall 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.
   (b) For purposes of establishing the free access system for vote
by mail ballots required by subdivision (a), a county elections
official may use the free access system for provisional ballots
established by the county pursuant to Section 302 of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 21082).
   (c) If a county elections official elects not to mail a sample
ballot to a voter pursuant to Section 13305, the elections official
shall use any savings achieved to offset the costs associated with
establishing the free access system for vote by mail ballots required
by subdivision (a). 
   (d) In addition to establishing a free access system pursuant to
subdivision (a), a county elections official shall notify a voter if
his or her vote by mail ballot was not counted. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 3006 of the Elections Code
is amended to read:
   3006.  (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official no later than seven days before
the date of the election and shall contain spaces for the following:

   (1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
   (2) The address to which the ballot is to be mailed.
   (3) The voter's signature.
   (4) The name and date of the election for which the request is to
be made.
   (b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
   (2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
   (3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
   (4) A printed vote by mail application that allows a voter to
submit the application by mail shall inform the voter of the address
for the elections official and specify that address as the only
appropriate destination address for mailing the application. Nothing
in this subdivision shall be construed to prohibit an individual,
organization, or group that distributes applications for vote by mail
voter ballots from collecting or receiving applications from voters,
as described in Section 3008, by means other than having the
applications mailed directly to the address of the distributing
individual, organization, or group.
   (c) The application shall inform the voter that if he or she has
declined to disclose a preference for a political party, the voter
may request a vote by mail ballot for a particular political party
for the partisan primary election, if that political party has
adopted a party rule, duly noticed to the Secretary of State,
authorizing that vote. The application shall contain a toll-free
telephone number, established by the Secretary of State, that the
voter may call to access information regarding which political
parties have adopted such a rule. The application shall contain a
checkoff box with a conspicuously printed statement that reads
substantially similar to the following: "I have declined to disclose
a preference for a qualified political party. However, for this
primary election only, I request a vote by mail ballot for the
_________ Party." The name of the political party shall be personally
affixed by the voter.
   (d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
   (e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.