California Legislature—2015–16 Regular Session

Assembly BillNo. 2252


Introduced by Assembly Member Ting

February 18, 2016


An act to amend Section 15104 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2252, as introduced, Ting. Elections: vote by mail ballots.

Existing law requires the processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, to be open to the public, both before and after the election. Existing law authorizes certain parties to observe and challenge the manner in which the vote by mail ballots are handled, as specified, and requires the vote by mail voter observers to be allowed sufficiently close access to enable them to (1) observe the vote by mail ballot return envelopes and the signatures on the envelopes, and (2) challenge whether the individuals handling vote by mail ballots are following established procedures, including, among other things, verifying signatures and addresses on the vote by mail ballot return envelopes by comparing them to voter registration information.

This bill would delete the verification of addresses on the vote by mail ballot return envelopes from the established procedures that are subject to observer challenge.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 15104 of the Elections Code is amended
2to read:

3

15104.  

(a) The processing of vote by mail ballot return
4envelopes, and the processing and counting of vote by mail ballots,
5shall be open to the public, bothbegin delete prior toend deletebegin insert beforeend insert and after the
6election.

7(b) A member of the county grand jury, and at least one member
8each of the Republican county central committee, the Democratic
9county central committee, and of any other party with a candidate
10on the ballot, and any other interested organization, shall be
11permitted to observe and challenge the manner in which the vote
12by mail ballots are handled, from the processing of vote by mail
13ballot return envelopes through the counting and disposition of
14the ballots.

15(c) The elections official shall notify vote by mail voter
16observers and the public at least 48 hours in advance of the dates,
17times, and places where vote by mail ballots will be processed and
18counted.

19(d) Notwithstanding paragraph (2) of subdivision (b) of Section
202194, vote by mail voter observers shall be allowed sufficiently
21close access to enable them to observe the vote by mail ballot
22return envelopes and the signaturesbegin delete thereonend deletebegin insert on the end insertbegin insertenvelopesend insert and
23challenge whether those individuals handling vote by mail ballots
24are following established procedures, including all of the following:

25(1) Verifying signaturesbegin delete and addressesend delete on the vote by mail ballot
26return envelopes by comparing them to voter registration
27information.

28(2) Duplicating accurately damaged or defective ballots.

29(3) Securing vote by mail ballots to prevent tampering with
30them before they are counted on election day.

31(e) A vote by mail voter observer shall not interfere with the
32orderly processing of vote by mail ballot return envelopes or the
33processing and counting of vote by mail ballots, including the
34touching or handling of the ballots.



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