BILL NUMBER: AB 1367	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Members Fletcher, Cook, DeVore, Gilmore, and
Knight
    (   Principal coauthor:   Senator 
 Runner   ) 

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1367, as amended, 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  
absent uniformed services voters, as defined  , and  would
 instead require that their vote by mail ballot be postmarked
 or signed and dated by the voter  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  3020,  3311, 
Section   or  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 
 who is an absent uniformed services voter, as   defined
by subsection (1) of Section 1973ff-6 of   Title 42 of the
United States Code, shall be timely cast if it is postmarked by the
 United States Postal Service or the Military Postal Service
Agency  or is signed and dated by the voter  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.