BILL NUMBER: AB 814 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE JULY 1, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN SENATE DECEMBER 17, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 26, 2009
An act to amend Sections 3010, 13300, and 13303 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 814, Hill. Elections: ballots: notification.
Existing law requires elections officials to provide a sample
ballot to each voter registered at least 29 days prior to an
election. Existing law requires elections officials to send notice of
the polling place to voters registered after 29 days prior to an
election. Existing law further requires elections officials to
provide a vote by mail ballot and supplies necessary to complete and
return the ballot to each qualified vote by mail voter prior to an
election.
This bill would require, for a statewide election, that elections
officials include a notification with the sample ballot, or notice of
the polling place, that would inform the voter that he or she will
receive a state ballot pamphlet. The bill would additionally require
that elections officials include a notification with the vote by mail
ballot that would inform the voter that he or she should receive a
voter information guide.
Because the bill would require additional duties from elections
officials, it would impose 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3010 of the Elections Code is amended to read:
3010. The elections official shall deliver to each qualified
applicant:
(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
(b) All supplies necessary for the use and return of the ballot.
(c) A notification that the voter should receive a voter
information guide containing detailed information on the candidates
and measures that will be on the ballot for the election.
No officer of this state may make any charge for services rendered
to any voter under this chapter.
SEC. 2. Section 13300 of the Elections Code, as amended by Section
53 of Chapter 1 of the Statutes of 2009, is amended to read:
13300. (a) By at least 29 days before the primary, each county
elections official shall prepare separate sample ballots for each
political party and a separate sample nonpartisan ballot, placing
thereon in each case in the order provided in Chapter 2 (commencing
with Section 13100), and under the appropriate title of each office,
the names of all candidates for whom nomination papers have been duly
filed with him or her or have been certified to him or her by the
Secretary of State to be voted for in his or her county at the
primary election.
(b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law. The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
(c) One sample ballot of the party for which the voter has
disclosed a preference, as evidenced by his or her registration,
shall be mailed to each voter entitled to vote at the primary who
registered at least 29 days prior to the election not more than 40
nor less than 10 days before the election. A nonpartisan sample
ballot shall be so mailed to each voter who is not registered as
preferring with any of the parties participating in the primary
election, provided that on election day any person may, upon request,
vote the ballot of a political party if authorized by the party's
rules, duly noticed to the Secretary of State.
(d) For a statewide election, a notification shall be included
with each sample ballot, stating that the voter shall receive a state
ballot pamphlet at least one week prior to the election. The notice
shall also include information as to where the voter can obtain a
ballot pamphlet prior to the election, a statement indicating that a
ballot pamphlet will be made available at the Secretary of State's
Internet Web site, and that the ballot pamphlet will be available at
the polling place at the time of the election. The notice shall also
include the telephone number designated by the county elections
official, where a voter may request that a ballot pamphlet be mailed
to him or her.
SEC. 3. Section 13303 of the Elections Code is amended to read:
13303. (a) For each election, each appropriate elections official
shall cause to be printed, on plain white paper or tinted paper,
without watermark, at least as many copies of the form of ballot
provided for use in each voting precinct as there are voters in the
precinct. These copies shall be designated "sample ballot" upon their
face and shall be identical to the official ballots used in the
election, except as otherwise provided by law. A sample ballot shall
be mailed, postage prepaid, not more than 40 nor less than 21 days
before the election to each voter who is registered at least 29 days
prior to the election.
(b) The elections official shall send notice of the polling place
to each voter with the sample ballot. Only official matter shall be
sent out with the sample ballot as provided by law. For a statewide
election, the notice shall also include a statement indicating that a
ballot pamphlet will be made available at the Secretary of State's
Internet Web site, and that the ballot pamphlet will be available at
the polling place at the time of the election. The notice shall also
include the telephone number designated by the county elections
official, where a voter may request that a ballot pamphlet be mailed
to him or her.
(c) The elections official shall send notice of the polling place
to each voter who registered after the 29th day prior to the election
and is eligible to participate in the election. The notice shall
also include information as to where the voter can obtain a sample
ballot and a ballot pamphlet prior to the election, a statement
indicating that those documents will be available at the polling
place at the time of the election, and the address of the Secretary
of State's Internet Web site and, if applicable, of the county Web
site where a sample ballot may be viewed.
SEC. 4. 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.