BILL NUMBER: AB 1367	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Fletcher, Cook, DeVore, Gilmore, and
Knight

                        FEBRUARY 27, 2009

   An act to add Section 3020.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1367, as introduced, Fletcher. Elections: vote by mail ballots.

   Existing law requires that a vote by mail ballot be received by
the issuing elections official or the precinct board no later than
the close of polls on election day.
   This bill would make an exception for specified members of the
military stationed outside of the United States, and instead require
that their vote by mail ballot be postmarked on or before election
day and received by their elections official not later than 21 days
after election day.
   Because the bill would impose additional duties on 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3020.5 is added to the Elections Code, to read:

   3020.5.  Notwithstanding Section 3311, Section 4103, or any other
provision of law, a vote by mail ballot of a member of the Armed
Forces of the United States or any auxiliary branch thereof who is
stationed outside of the territorial limits of the United States or
the District of Columbia shall be cast and postmarked by the United
States Postal Service or the Military Postal Service Agency on or
before election day and shall be received by the voter's elections
official not later than 21 days after election day.
  SEC. 2.  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.