BILL NUMBER: AB 1799	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2010
	PASSED THE ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  MARCH 23, 2010

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, 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, would require the elections official to verify prior to
issuing a replacement ballot that the voter has not already cast a
ballot in the same election, and would prohibit the processing and
tallying of more than one ballot from a voter in the same election.


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 replacement vote by
mail voter ballot to any 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 issuing any replacement ballot, that the voter has not
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.