BILL NUMBER: AB 1799	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 10, 2010

   An act to amend Section 3014 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1799, as introduced, Fong. Voting: replacement ballots.
   Under existing law, a voter in a vote by mail election may request
and receive from the elections official a 2nd ballot if the voter
provides a statement under penalty of perjury that he or she has
failed to receive, lost, or destroyed the original ballot. The
elections official is required to verify that the voter who receives
a duplicate ballot has not attempted to vote twice. Under existing
law, ballots of a voter who attempts to vote more than once in the
same election are void.
   This bill would remove the requirement that a voter who requests a
replacement ballot provide a statement under penalty of perjury that
he or she has failed to receive, lost, or destroyed the original
ballot, require the elections official to verify that a replacement
ballot will not be counted if a voted original ballot is received,
and prohibit the processing and tallying of more than one ballot from
a voter in the same election.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3014 of the Elections Code is amended to read:
   3014.  The elections official shall send a  second
  replacement  vote by mail voter ballot to any
voter  upon receipt of a statement under penalty of perjury
that the voter   who requests one and represents that he
or she  has failed to receive, lost, or destroyed his or her
original ballot.
   The elections official shall keep a record of each vote by mail
voter ballot sent to and received from a voter and shall verify,
prior to counting any  duplicate   replacement
 ballot, that the voter has not  attempted to vote
twice. If it is determined that a voter has attempted to vote twice,
both ballots shall be void   already cast a ballot in
the same election  .  If an original vote by mail ballot is
received from a voter who has requested a replacement vote by mail
ballot, that original ballot shall be held until such time as it can
be determined that the voter does not intend to return the
replacement ballot, after which time it can be processed and tallied
  pursuant to Chapter 2 (commencing with Section 15100) of
Division 15. In no event may more than one ballot of a voter be
processed and tallied in an election.