Amended in Senate April 9, 2015

Amended in Senate April 6, 2015

Senate BillNo. 505


Introduced by Senator Mendoza

February 26, 2015


An act tobegin delete add Section 3011.5 toend deletebegin insert amend Section 2300 ofend insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 505, as amended, Mendoza. begin deleteVote by mail ballots: envelopesend deletebegin insert Voter Bill of Rightsend insert.

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Existing law sets forth requirements and entitlements with respect to the right to vote in California elections. Among the requirements for voters is United States citizenship. Existing law establishes a Voter Bill of Rights enumerating the rights of voters as established under existing law and requires the Voter Bill of Rights, worded as specified, to be made available to the public. Existing law permits the Secretary of State to develop regulations to implement and clarify the Voter Bill of Rights.

end insert
begin insert

This bill would eliminate the requirement that the Voter Bill of Rights be worded as specified and would instead authorize the Secretary of State to revise the wording as necessary to ensure understanding.

end insert
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Existing law requires that a vote by mail ballot be available to any registered voter. Existing law requires an elections official to deliver to each qualified applicant for a vote by mail ballot all supplies necessary for the use and return of the ballot, including an identification envelope containing certain information, as specified.

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This bill would require the Secretary of State, no later than January 1, 2017, to study and recommend revisions to the design and text of the identification envelope, as specified, and to submit those recommendations to the Legislature.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2300 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

2300.  

(a) All voters, pursuant to the California Constitution
4and this code, shall be citizens of the United States. There shall
5be a Voter Bill of Rights for voters, available to the public, which
6shallbegin delete readend deletebegin insert convey all of the following to votersend insert:

7(1) (A) You have the right to cast a ballot if you are a valid
8registered voter.

9(B) A valid registered voter means a United States citizen who
10is a resident in this state, who is at least 18 years of age and not in
11prison or on parole for conviction of a felony, and who is registered
12to vote at his or her current residence address.

13(2) You have the right to cast a provisional ballot if your name
14is not listed on the voting rolls.

15(3) You have the right to cast a ballot if you are present and in
16line at the polling place prior to the close of the polls.

17(4) You have the right to cast a secret ballot free from
18intimidation.

19(5) (A) You have the right to receive a new ballot if, prior to
20casting your ballot, you believe you made a mistake.

21(B) If at any time before you finally cast your ballot, you feel
22you have made a mistake, you have the right to exchange the
23spoiled ballot for a new ballot. Vote by mail voters may also
24request and receive a new ballot if they return their spoiled ballot
25to an elections official prior to the closing of the polls on election
26day.

27(6) You have the right to receive assistance in casting your
28ballot, if you are unable to vote without assistance.

29(7) You have the right to return a completed vote by mail ballot
30to any precinct in the county.

31(8) You have the right to election materials in another language,
32if there are sufficient residents in your precinct to warrant
33production.

P3    1(9) (A) You have the right to ask questions about election
2procedures and observe the election process.

3(B) You have the right to ask questions of the precinct board
4and elections officials regarding election procedures and to receive
5an answer or be directed to the appropriate official for an answer.
6However, if persistent questioning disrupts the execution of their
7duties, the board or election officials may discontinue responding
8to questions.

9(10) You have the right to report any illegal or fraudulent
10activity to a local elections official or to the Secretary of State’s
11office.

12(b) Beneath the Voter Bill of Rights there shall be listed a
13toll-free telephone number to call if a person has been denied a
14voting right or to report election fraud or misconduct.

15(c) The Secretary of State maybegin delete developend deletebegin insert do both of the following:end insert

16begin insert(1)end insertbegin insertend insertbegin insertDevelopend insert regulations to implement and clarify the Voter Bill
17of Rights set forth in subdivision (a).

begin insert

18(2) Revise the wording of the Voter Bill of Rights as necessary
19to ensure the use of clear and concise language free from technical
20terms.

end insert

21(d) The Voter Bill of Rights set forth in subdivisions (a) and (b)
22shall be made available to the public before each election and on
23election day, at a minimum, as follows:

24(1) The Voter Bill of Rights shall be printed in the statewide
25voter pamphlet, pursuant to Section 9084, in a minimum of
2612-point type. Subparagraph (B) of paragraph (1) of subdivision
27(a), subparagraph (B) of paragraph (5) of subdivision (a), and
28subparagraph (B) of paragraph (9) of subdivision (a) may be printed
29in a smaller point type than the rest of the Voter Bill of Rights.

30(2) Posters or other printed materials containing the Voter Bill
31of Rights shall be included in precinct supplies pursuant to Section
3214105.

begin delete33

SECTION 1.  

Section 3011.5 is added to the Elections Code,
34to read:

35

3011.5.  

No later than January 1, 2017, the Secretary of State
36shall study and recommend to the Legislature revisions to the
37design and text of the identification envelope described in Section
383011. In making his or her recommendation, the Secretary of State
P4    1shall consider voters’ ability to easily understand information
2contained on the envelope.

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