AB 2089, as amended, Quirk. 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 officialbegin insert, within 30 days after completion of the official canvass,end insert to additionally notify a voter if his or her vote by mail ballot was not countedbegin insert, including the reasonend insertbegin insert it was not countedend insert. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3019.5 of the Elections Code is amended
2to read:
(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),begin insert within 30 days after completion of the official
22canvass,end insert a county elections official shall notify a voter if his or
23her vote by mail ballot was not counted.begin insert The notification shall
24include the reason the ballot was not counted.end insert
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
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