BILL NUMBER: AB 2616	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 19, 2010

   An act to amend Section 3017 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2616, as introduced, Hill. Elections: vote by mail ballots.
   (1) Existing law requires an elections official to count only
those vote by mail ballots returned by mail that are received by the
elections official or delivered to a polling place by the close of
the polls on the day of the election that contain specified
information. Existing law also requires the elections official to
establish procedures to ensure the secrecy of any vote by mail ballot
returned to a precinct polling place.
   Existing law also requires procedures to track and confirm the
receipt of voted vote by mail ballots and requires that this
information be available by means of online access using the county's
elections division Internet Web site. Existing law requires the
elections official to establish procedures to ensure the security,
confidentiality, and integrity of any personal information collected,
stored, or otherwise used in tracking vote by mail ballots.
   This bill would require the Secretary of State, when a specified
statewide voter registration database is implemented, in coordination
with county elections officials, to establish procedures to permit a
voter by mail voter to find out whether his or her vote had been
counted, and if not, the reason why, via online access on the county'
s Internet Web site, or if none is available, by means of a toll-free
telephone number for this purpose.
    (2) By increasing the duties of local elections officials, the
bill would impose a state-mandated local program.
   (3) 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 3017 of the Elections Code is amended to read:
   3017.  (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the jurisdiction. However,
a vote by mail voter who, because of illness or other physical
disability, is unable to return the ballot  ,  may
designate his or her spouse, child, parent, grandparent, grandchild,
brother, sister, or a person residing in the same household as the
vote by mail voter to return the ballot to the elections official
from whom it came or to the precinct board at any polling place
within the jurisdiction. The ballot must, however, be received by
either the elections official from whom it came or the precinct board
before the close of the polls on election day.
   (b) The elections official shall establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
   (c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
   (d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
   (e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse. 
   (f) The Secretary of State, in coordination with county elections
officials, shall establish procedures to permit a vote by mail voter
to find out whether his or her ballot was counted and if not,
identify the reason why, by means of online access using the county's
Internet Web site. If the county does not have an Internet Web site,
the elections officials shall establish a toll-free telephone number
that may be used by the voter to confirm whether or not his or her
vote was counted, and if not, the reason why. This subdivision shall
become operative when, as determined by the Secretary of State,
VoteCal, the statewide voter registration database, is implemented.

  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.