BILL NUMBER: AB 1531 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 27, 2009
An act to add Section 10347 to the Public Contract Code,
relating to public contracts. An act to amend Section
14310 of, and to add Article 6 (c ommencing with Section
14320) to Chapter 3 of Division 14 of, the Elections Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1531, as amended, Portantino. State contracts:
employment clauses Elections: voter
registration .
Existing law prohibits a person from registering to vote except by
affidavit of registration and requires that the affidavit be
received by the county elections official no later than 15 days prior
to the election, with specified exceptions. Under existing law, a
person registered as a voter in any precinct in the state who moves
from the district within 14 days prior to election day is, for the
purpose of that election, entitled to vote in the precinct from which
the person moved until the close of the polls on election day.
This bill would authorize a person who qualifies to vote in the
state to register or reregister at the office of the local elections
official commencing 14 days prior to election day and continuing
through election day or at the person's precinct on election day. A
person who registers prior to election day and provides proof of
current residence would be permitted to cast a vote by mail ballot. A
person who registers to vote on election day and provides proof of
current residence would be permitted to cast a regular ballot at the
precinct. A person who registers pursuant to these provisions and
does not provide proof of current residence would be permitted to
cast a provisional ballot.
The bill would also require local elections officials to compile a
list or index of voters who registered or reregistered to vote
pursuant to these provisions and to conduct a review no later than 30
days after the canvass of the votes for the election. By increasing
the duties of local elections officials, the bill 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.
Existing law governing contracting between state agencies and
private contractors sets forth requirements for the bidding,
awarding, and overseeing of contracts for goods and services.
This bill would additionally require that a public contract
entered into between the state and another person or entity for
services include a clause stating that a person or entity that
contracts with the state is prohibited from imposing a condition in
the contract that would prohibit or penalize an employee subject to
the contract or employed by the personal services contractor from
seeking or accepting employment with the state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14310 of the
Elections Code is amended to read:
14310. (a) At all elections an election
, a voter claiming to be properly registered , but
whose qualification or entitlement to vote cannot be immediately
established upon examination of the index of registration for the
precinct or upon examination of the records on file with the county
elections official, shall be entitled to vote
cast a provisional ballot as follows:
(1) An election official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All A
provisional ballots voted ballot cast
shall remain sealed in their envelopes its
envelope for return to the elections official in accordance
with the elections official's instructions. The provisional ballot
envelopes envelope specified in this
subdivision shall be a color different than the color of, but printed
substantially similar to, the envelopes an
envelope used for absentee ballots a
vote by mail ballot , and shall be completed in the same manner
as absentee envelopes a vote by mail
envelope .
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of
signatures the signature on absentee
ballots a vote by mail ballot , the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter's affidavit of registration.
If the signatures do not compare, the ballot shall be rejected. A
variation of the signature caused by the substitution of initials for
the first or middle name, or both, shall not invalidate the ballot.
(2) (A) Provisional ballots shall not be
included in any semiofficial or official canvass, except
upon: (A) the
under the following circumstances:
(i) The elections
official's establishing official establishes
prior to the completion of the official canvass, from the records in
his or her office, the claimant's right to vote ;
or(B) .
(ii) The votes have been properly cast
pursuant to Article 6 (commencing with Section 14320).
(iii) Upon the order of a
superior court in the county of the voter's residence. A
(B) A voter may seek the court
order specified in this paragraph regarding his or her own ballot at
any time prior to completion of the official canvass. Any judicial
action or appeal shall have priority over all other civil matters.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any a voter who casts a
provisional ballot may access to discover whether the voter's
provisional ballot was counted and, if not, the reason why it was not
counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any absent
a vote by mail voter described by Section 3015 who is unable
to surrender his or her unvoted absent voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 2. Article 6 (commencing with Section 14320)
is added to Chapter 3 of Division 14 of the Elections Code
, to read:
Article 6. Same Day Registration and Voting
14320. (a) Notwithstanding Section 2102, an elector who qualifies
to vote under this code and Section 2 of Article II of the
California Constitution may register or reregister to vote as
follows:
(1) At the office of his or her local elections official
commencing on the 14th day prior to the election and continuing
through election day.
(2) At his or her precinct on election day.
(b) The elections official shall send the voter notification form
required by Section 2155 within 15 days after the date of the
election to a person who is properly registered or reregistered to
vote pursuant to this section, and the voter shall be registered for
future elections at the address for which the voter is so registered
or reregistered.
14321. (a) An elector who registers or reregisters to vote
pursuant to Section 14320 prior to election day, upon showing proof
of current residence, shall be furnished a vote by mail ballot. The
elector may cast the ballot as provided by Section 3018.
(b) An elector who registers or reregisters to vote pursuant to
Section 14320 on election day, upon showing proof of current
residence, may cast a ballot as provided in Article 4 (commencing
with Section 14270).
(c) An elector who registers or reregisters to vote pursuant to
Section 14320, but who is unable to show proof of current residence,
may cast a provisional ballot pursuant to Section 14310. A
provisional ballot cast pursuant to this section shall be placed in
an envelope distinguishable from other provisional ballot envelopes
and shall not be included in a semiofficial or official canvass until
the voter's right to vote is established.
14322. An elections officials shall mail a nonforwardable
residency confirmation postcard within 10 days of an election to a
voter who registers or reregisters to vote pursuant to Section 14320
but who is unable to show proof of current residence. The postcard
shall be substantially similar in form to the postcard mailed
pursuant to Section 2220. If the postcard mailed pursuant to this
section is returned as undeliverable within 10 days of mailing to the
elections official by the post office, a provisional ballot cast
pursuant to subdivision (c) of Section 14321 shall not be counted and
registration or reregistration shall be canceled. If the postcard is
not returned within that 10-day period by the post office, the
provisional ballot shall be included in the canvass.
14323. The elections official shall compile a list or index of
voters who registered or reregistered to vote pursuant to this
article. Not later than 30 days after the official canvass for the
election, the elections official shall conduct a review of the names
on the list or index and shall cancel any duplicate voter
registration that may exist.
14324. For purposes of this article, the office of the elections
official may include satellite locations, as long as the requirements
of subdivision (b) of Section 3018 are satisfied.
14325. The Secretary of State shall, by regulation, adopt
procedures for determining the documents or other materials that
constitute proof of current residence for purposes of voting under
this article.
SEC. 3. 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.
SECTION 1. Section 10347 is added to the Public
Contract Code, to read:
10347. A public contract entered into between the state and
another person or entity for services shall include a clause,
consistent with the requirements of Section 16600 of the Business and
Professions Code, stating that a person or entity that contracts
with the state is prohibited from imposing a condition of employment
that would prohibit or penalize an employee subject to the contract
or employed by the personal services contractor from seeking or
accepting employment with the state.