BILL NUMBER: AB 2089	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 17, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 official  , within
30 days after completion of the official canvass,  to
additionally notify a voter if his or her vote by mail ballot was not
counted , including the reason   it 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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),  within 30 days after completion of the official
canvass,  a county elections official shall notify a voter if
his or her vote by mail ballot was not counted.  The notification
shall include the reason the 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.