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.
begin deleteThis end deletebegin insertIf a voter casts a vote by mail ballot, this end insertbill wouldbegin insert additionallyend insert require a county elections official, within
30 days after completion of the official canvass, tobegin delete additionallyend delete notifybegin delete aend deletebegin insert theend insert voter ifbegin delete his or her vote by mailend deletebegin insert theend insert 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 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 if a voter casts a vote by mail ballot, the county
22elections official shall,end insert within 30 days after completion of the
23official canvass,begin delete a county elections official shallend delete notifybegin delete aend deletebegin insert
theend insert voter
24if his or herbegin delete vote by mailend delete ballot was not counted. The notification
25shall include the reason the ballot was not counted.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local 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.
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