BILL NUMBER: SB 740	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 23, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 27, 2009

   An act to amend Sections 14310, 17301, and 17302 of the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 740, Cedillo. Elections: provisional ballots.
   Existing law authorizes a voter claiming to be registered, to vote
a provisional ballot if his or her qualification or entitlement to
vote cannot be immediately established. Under existing law, once
voted, the ballot is sealed in a provisional ballot envelope, and
during the official canvass, the signature on the envelope is
compared with the one on the voter's affidavit of registration, and
the ballot is rejected if the 2 signatures do not compare.
   This bill would additionally require that the provisional ballot
be rejected if the provisional ballot envelope is not signed. The
bill would also require that elections officials retain voted
provisional ballots and their envelopes for a specified period after
the election.
   Because the bill would increase the duties of local elections
officials, it 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.


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, 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 a provisional
ballot as follows:
   (1) An elections 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 provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
   (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 on
vote by mail ballots, 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 or the provisional ballot envelope is not signed, 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) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. 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. No fee shall be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
   (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 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 vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
   (g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
  SEC. 2.  Section 17301 of the Elections Code is amended to read:
   17301.  (a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator, and
United States Representative.
   (b) The packages containing the following ballots and
identification envelope shall be kept by the elections official,
unopened and unaltered, for 22 months from the date of the election:
   (1) Voted polling place ballots.
   (2) Paper record copies, as defined by Section 19251, if any, of
voted polling place ballots.
   (3) Voted vote by mail voter ballots.
   (4) Vote by mail voter identification envelopes.
   (5) Voted provisional voter ballots.
   (6) Provisional ballot voter identification envelopes.
   (7) Spoiled ballots.
   (8) Canceled ballots.
   (9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
   (10) Ballot receipts.
   (c) If a contest is not commenced within the 22-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the 22-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the ballots
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
  SEC. 3.  Section 17302 of the Elections Code is amended to read:
   17302.  (a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17301.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
   (b) The packages containing the following ballots and
identification envelopes shall be kept by the elections official,
unopened and unaltered, for six months from the date of the election:

   (1) Voted polling place ballots.
   (2) Paper record copies, as defined by Section 19251, if any, of
voted polling place ballots.
   (3) Voted vote by mail voter ballots.
   (4) Vote by mail voter identification envelopes.
   (5) Voted provisional voter ballots.
   (6) Provisional ballot voter identification envelopes.
   (7) Spoiled ballots.
   (8) Canceled ballots.
   (9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
   (10) Ballot receipts.
   (c) If a contest is not commenced within the six-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the six-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the packages
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
  SEC. 4.  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.