Amended in Senate August 19, 2016

Amended in Senate August 15, 2016

Amended in Senate June 9, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2089


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.

If a voter casts a vote by mail ballot, this bill would additionally require a county elections official, within 30 days after completion of the official canvass, to notify the voter if the 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.

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This bill would incorporate additional changes to Section 3019.5 of the Elections Code, proposed by AB 2911, that would become operative only if this bill and AB 2911 are both chaptered and this bill is chaptered last.

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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:

P2    1

SECTION 1.  

Section 3019.5 of the Elections Code is amended
2to read:

3

3019.5.  

(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), if a voter casts a vote by mail ballot, the county
22elections official shall, within 30 days after completion of the
23official canvass, notify the voter if his or her ballot was not
P3    1counted. The notification shall include the reason the ballot was
2not counted.

3begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 3019.5 of the end insertbegin insertElections Codeend insertbegin insert is amended to
4read:end insert

5

3019.5.  

(a) A county elections official shall establish a free
6access system that allows a vote by mail voter to learn if his or her
7vote by mail ballot was counted and, if not, the reason why the
8ballot was not counted. For each election, the elections official
9shall make the free access system available to a vote by mail voter
10upon completion of the official canvass and for 30 days after
11completion of the official canvas.

12(b) For purposes of establishing the free access system for vote
13by mail ballots required by subdivision (a), a county elections
14official may use the free access system for provisional ballots
15established by the county pursuant to Section 302 of the federal
16Help America Vote Act of 2002 (52 U.S.C. Sec. 21082).

17(c) If a county elections official elects not to mail abegin delete sample ballotend delete
18begin insert county voter information guideend insert to a voter pursuant to Section
1913305, the elections official shall use any savings achieved to
20offset the costs associated with establishing the free access system
21for vote by mail ballots required by subdivision (a).

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22
(d) In addition to establishing a free access system pursuant to
23subdivision (a), if a voter casts a vote by mail ballot, the county
24elections official shall, within 30 days after completion of the
25official canvass, notify the voter if his or her ballot was not
26counted. The notification shall include the reason the ballot was
27not counted.

end insert
28begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
29Section 3019.5 of the Elections Code proposed by both this bill
30and AB 2911. It shall only become operative if (1) both bills are
31enacted and become effective on or before January 1, 2017, (2)
32each bill amends Section 3019.5 of the Elections Code, and (3)
33this bill is enacted after AB 2911, in which case Section 1 of this
34bill shall not become operative.

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35

begin deleteSEC. 2.end delete
36
begin insertSEC. 3.end insert  

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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