BILL NUMBER: AB 2467	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 21, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 19, 2010

   An act to amend Sections 3006  and   , 
3007.5  , and 3205  of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2467, as amended, Monning. Elections: vote by mail.
   Existing law permits a voter to apply to his or her elections
official for a vote by mail ballot between the 29th and the 7th day
prior to an election. Existing law requires the Secretary of State to
prepare and distribute to appropriate elections officials a uniform
electronic application for a vote by mail ballot. Existing law
requires a printed application for a vote by mail ballot that is to
be distributed to voters and the uniform electronic application
prepared by the Secretary of State to contain space to provide
specified information, including the date on which the application
must be received by the elections official prior to the election.
Existing law also requires a printed application and the uniform
electronic application to contain specified statements related to
voting.
   This bill would delete the requirement that a printed application
and the uniform electronic application contain space to include the
date on which the application is due and would instead require that
an application state that the application is due 7 days prior to the
election. The bill would provide that the specified statements
related to voting be substantially similar to those statements
currently found in these provisions.
   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 3006 of the Elections Code is amended to read:
   3006.  (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
   (1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
   (2) The address to which the ballot is to be mailed.
   (3) The voter's signature.
   (4) The name and date of the election for which the request is to
be made.
   (b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
   (2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
   (3) An application that contains preprinted information shall
contain a conspicuously printed statement , 
substantially similar to the following: "You have the legal right to
mail or deliver this application directly to the local elections
official of the county where you reside."
   (c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a toll-free telephone number, established
by the Secretary of State, that the voter may call to access
information regarding which political parties have adopted such a
rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads  , 
substantially similar to the following: "I am not presently
affiliated with any political party. However, for this primary
election only, I request a vote by mail ballot for the _________
Party." The name of the political party shall be personally affixed
by the voter.
   (d) The application shall provide the  voters 
 voter  with information concerning the procedure for
establishing permanent vote by mail voter status, and the basis upon
which permanent vote by mail voter status is claimed.
   (e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
  SEC. 2.  Section 3007.5 of the Elections Code is amended to read:
   3007.5.  (a) The Secretary of State shall prepare and distribute
to appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
   (b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
   (1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
   (2) The address to which the ballot is to be mailed.
   (3) The name and date of the election for which the request is
made.
   (4) The date of birth of the registered voter.
   (c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall list the parties that have
notified the Secretary of State of the adoption of such a rule. The
application shall contain a checkoff box with a conspicuously printed
statement that reads substantially similar to the following: "I am
not presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
   (d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
   (e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
   (f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
  SEC. 3.    Section 3205 of the   Elections
Code   is amended to read: 
   3205.  (a) Vote by mail ballots mailed to, and received from,
voters on the permanent vote by mail voter list are subject to the
same deadlines and shall be processed and counted in the same manner
as all other vote by mail ballots.
   (b) Prior to each primary election, county elections officials
shall mail to every voter not affiliated with a political party whose
name appears on the permanent vote by mail voter list a notice and
application regarding voting in the primary election. The notice
shall inform the voter that he or she may request a vote by mail
ballot for a particular political party for the primary election, if
that political party adopted a party rule, duly noticed to the
Secretary of State, authorizing these voters to vote in their
primary. The notice shall also contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads  as follows
  substantially similar to the following  : "I am
not presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.