BILL NUMBER: SB 817	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Elections, Reapportionment and
Constitutional Amendments (Hancock (chair), Walters (vice chair),
Liu, DeSaulnier, Cogdill)

                        MARCH 2, 2009

   An act to amend Sections 300, 3004, 3100, 3102, 3103, 3103.5,
3104, 3107, 3108, 3109, 3110, and 3112 of the Elections Code,
relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 817, as introduced, Committee on Elections, Reapportionment and
Constitutional Amendments. Elections: special vote by mail voter.
   Existing law authorizes a "vote by mail voter" to cast his or her
ballot by mail. Existing law also authorizes members of the Armed
Forces, their spouses and dependents; a United States citizen
temporarily residing outside the country; and crew members of a
United States merchant vessel to cast their votes as "special
absentee voters."
   This bill would change the term for these voters from "special
absentee voters" to "special vote by mail voters."
   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 300 of the Elections Code is amended to read:
   300.  (a) "Vote by mail voter" means any voter casting a ballot in
any way other than at the polling place.
   (b) "Special  absentee   vote by mail 
voter" means an elector who is any of the following:
   (1) A member of the Armed Forces of the United States or any
auxiliary branch thereof.
   (2) A citizen of the United States temporarily living outside of
the territorial limits of the United States or the District of
Columbia.
   (3) Serving on a merchant vessel documented under the laws of the
United States.
   (4) A spouse or dependent of a member of the Armed Forces or any
auxiliary branch thereof.
  SEC. 2.  Section 3004 of the Elections Code is amended to read:
   3004.  The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports or where military enlistments are received to inform
potential special  absentee   vote by mail 
voters of their right to a vote by mail voter's ballot and where
registration materials and application forms can be obtained.
  SEC. 3.  Section 3100 of the Elections Code is amended to read:
   3100.  When a voter who qualifies as a special  absentee
  vote by mail  voter pursuant to subdivision (b)
of Section 300 applies for a vote by mail ballot, the application
shall be deemed to be an affidavit of registration and an application
for permanent vote by mail status, pursuant to Chapter 3 (commencing
with Section 3200). The application must be completed by the voter
and must contain the voter's name, residence address for voting
purposes, the address to which the ballot is to be sent, the voter's
political party for a primary election, and the voter's signature.
   If the applicant is not a resident of the county to which he or
she has applied, the elections official receiving the application
shall forward it immediately to the proper county.
  SEC. 4.  Section 3102 of the Elections Code, as amended by Section
1 of Chapter 252 of the Statutes of 2008, is amended to read:
   3102.  (a) Applications for the ballots of special 
absentee   vote by mail  voters shall be received
and, except as provided in Section 3103.5, the ballots shall be
received and canvassed, at the same time and under the same procedure
as vote by mail ballots, insofar as that procedure is not
inconsistent with this chapter.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 5.  Section 3102 of the Elections Code, as amended by Section
2 of Chapter 252 of the Statutes of 2008, is amended to read:
   3102.  (a) Applications for the ballots of special 
absentee   vote by mail  voters shall be received,
and the ballots shall be received and canvassed at the same time and
under the same procedure as vote by mail ballots, insofar as that
procedure is not inconsistent with this chapter.
   (b) This section shall become operative January 1, 2011.
  SEC. 6.  Section 3103 of the Elections Code, as amended by Section
3 of Chapter 252 of the Statutes of 2008, is amended to read:
   3103.  (a)  Any   An  application made
pursuant to this chapter that is received by the elections official
prior to the 60th day before the election shall be kept and processed
on or after the 60th day before the election.
   (b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote. The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
   (c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
 providing   if  the candidate whose name
has been written on the ballot has, as of the date of the election,
qualified to have his or her name placed on the ballot for the
office, or has qualified as a write-in candidate for the office.
   (d) Except as provided in Section 3103.5, the elections official
shall receive and canvass special  absentee  
vote by mail  voter ballots described in this section under the
same procedure as vote by mail ballots, insofar as that procedure is
not inconsistent with this section.
   (e)  In the event that   If a voter
executes a special  absentee   vote by mail
 ballot pursuant to this section and an application for a vote
by mail ballot pursuant to Section 3101, the elections official shall
cancel the voter's permanent vote by mail status, and process the
application in accordance with Chapter 1 (commencing with Section
3000).
   (f) Notwithstanding any other provision of law, a special 
absentee   vote by mail  voter who qualifies
pursuant to this section may, by facsimile transmission, register to
vote and apply for a special  absentee   vote by
mail  ballot or a vote by mail ballot. Upon request, the
elections official may send to the qualified special 
absentee   vote by mail  voter either by mail,
facsimile, or electronic transmission the special  absentee
  vote by mail  ballot or, if available, a vote by
mail ballot pursuant to Chapter 1 (commencing with Section 3000).
   (g) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 7.  Section 3103 of the Elections Code, as amended by Section
4 of Chapter 252 of the Statutes of 2008, is amended to read:
   3103.  (a)  Any   An  application made
pursuant to this chapter that is received by the elections official
prior to the 60th day before the election shall be kept and processed
on or after the 60th day before the election.
   (b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote. The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
   (c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
 providing   if  the candidate whose name
has been written on the ballot has, as of the date of the election,
qualified to have his or her name placed on the ballot for the
office, or has qualified as a write-in candidate for the office.
   (d) The elections official shall receive and canvass special
 absentee   vote by mail  voter ballots
described in this section under the same procedure as vote by mail
ballots, insofar as that procedure is not inconsistent with this
section.
   (e)  In the event that   If  a voter
executes a special  absentee   vote by mail
 ballot pursuant to this section and an application for a vote
by mail ballot pursuant to Section 3101, the elections official shall
reject the voted ballot previously cast, cancel the voter's
permanent vote by mail status, and process the application in
accordance with Chapter 1 (commencing with Section 3000).
   (f) Notwithstanding any other provision of law, a special 
absentee   vote by mail  voter who qualifies
pursuant to this section may, by facsimile transmission, register to
vote and apply for a special  absentee   vote by
mail  ballot or a vote by mail ballot. Upon request, the
elections official may send to the qualified special 
absentee   vote by mail  voter either by mail,
facsimile, or electronic transmission the special  absentee
  vote by mail  ballot or, if available, a vote by
mail ballot pursuant to Chapter 1 (commencing with Section 3000).
   (g) This section shall become operative January 1, 2011.
  SEC. 8.  Section 3103.5 of the Elections Code is amended to read:
   3103.5.  (a) (1) A special absentee   vote by
mail  voter who is temporarily living outside of the
territorial limits of the United States or the District of Columbia,
or is called for military service within the United States on or
after the final date to make application for a vote by 
absent   mail  voter ballot, may return his or her
ballot by facsimile transmission. To be counted, the ballot returned
by facsimile transmission must be received by the voter's elections
official no later than the closing of the polls on election day and
must be accompanied by an identification envelope containing all of
the information required by Section 3011 and an oath of voter
declaration in substantially the following form:
                   OATH OF VOTER
I, ______, acknowledge that by returning my voted
ballot by facsimile transmission I have waived
my right to have my ballot
kept secret. Nevertheless, I understand that, as
with any vote by mail
voter, my signature,       whether on this oath
of voter form or my identification
envelope, will be permanently separated from my
voted ballot to maintain
its secrecy at the outset of the tabulation
process and thereafter.
My residence address is________
                         (Street
____________________________.
Address)                      (City)  (ZIP Code)
My current mailing address is________
                               (Street
___________________________.
Address)                      (City)  (ZIP Code)
My e-mail address is _________________. My
facsimile
transmission
number is _________________.
I am a resident of __________ County, State of
California, and I have
not
applied, nor intend to apply, for a vote by mail
ballot from any other jurisdiction for the same
election.
I declare under penalty of perjury under the
laws of the State of California that the
foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)______________________________________
              voter  (power of attorney cannot be
accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN
THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT
AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE
RETURNED
BY FACSIMILE TRANSMISSION.


   (2) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of ballots returned by facsimile transmission.
   (3) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration. The ballot shall
be duplicated and all materials preserved according to procedures set
forth in this code.
   (4) Notwithstanding paragraph (1), a special  absentee
  vote by mail  voter who is permitted to return
his or her ballot by facsimile transmission is, nonetheless,
encouraged to return his or her ballot by mail or in person if
possible. A  special   vote by mail 
absentee voter should return a ballot by facsimile transmission only
if doing so is necessary for the ballot to be received before the
close of polls on election day.
   (b) The Secretary of State shall make a recommendation to the
Legislature, no later than December 31, 2008, on the benefits and
problems, if any, derived from permitting qualified special 
absentee   vote by mail  voters to return their
ballots by facsimile transmission, and shall include in the
recommendation the number of ballots returned by facsimile
transmission pursuant to this section.
   (c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 9.  Section 3104 of the Elections Code is amended to read:
   3104.   Any   A  vote by mail ballot
application by a qualified special  absentee  
vote by mail  voter shall also be deemed an affidavit of voter
registration and an application for permanent vote by mail status.
  SEC. 10.  Section 3107 of the Elections Code is amended to read:
   3107.  If  any   a  special 
absentee   vote by mail  voter is released from
service after the closing date of registration for an election and
has returned to the county of his or her residence and is not a
registered voter, he or she may apply in person to the elections
official for permission to register. If the elector furnishes
documentary proof of release from service after the closing date of
registration for the election, the elections official shall allow him
or her to be registered and to vote in the election. On or before
the day of election the elections official shall deliver to the
precinct board a list of special  absentee  
vote by mail  voters registered under this section.
  SEC. 11.  Section 3108 of the Elections Code is amended to read:
   3108.  If  any   a  special 
absentee   vote by mail  voter to whom a vote by
mail ballot has been mailed and which ballot has not been voted by
him or her returns to the county in which he or she is registered on
or before election day, he or she may apply for a second vote by mail
ballot pursuant to Section 3014. The elections official shall
require him or her to sign an authorization to cancel the vote by
mail ballot previously issued when it is returned to the county
elections official. The elections official shall then issue another
vote by mail ballot to the voter, or the elections official shall
certify to the precinct board that the voter is eligible to vote in
the precinct polling place of his or her residence.
  SEC. 12.  Section 3109 of the Elections Code is amended to read:
   3109.  If  any   a  special 
absentee  vote by mail  voter returns to the county
of his or her residence after the final day for making application
for a vote by mail ballot, he or she may appear before the elections
official and make application for registration, vote by mail ballot,
or both. The elections official shall register the voter, if he or
she is not registered, and deliver to him or her a vote by mail
ballot  which  that  may be voted in the
elections official's office or voted outside the elections official's
office on or before the close of the polls on the day of election
and returned as are other vote by mail ballots.
  SEC. 13.  Section 3110 of the Elections Code is amended to read:
   3110.  If a special  absentee   vote by mail
 voter is unable to appear at his or her polling place because
of being recalled to service after the final day for making
application for a vote by mail ballot, but before 5 p.m. on the day
before the day of election, he or she may appear before the elections
official in the county in which the special  absentee
  vote by mail  voter is registered or, if within
the state, in the county in which he or she is recalled to service
and make application for a vote by mail ballot, which may be
submitted by facsimile, or by e-mail or online transmission if the
elections official makes the transmission option available. The
elections official shall deliver to him or her a vote by mail ballot
 which  that  may be voted in the elections
official's office or voted outside the elections official's office
on or before the close of the polls on the day of election and
returned as are other vote by mail ballots. To be counted, the ballot
must be returned to the elections official's office in person, by
facsimile transmission, or by an authorized person on or before the
close of the polls on the day of the election. If the special
 absentee   vote by mail  voter appears in
the county in which he or she is recalled to service, rather than the
county to which he or she is registered, the elections official
shall coordinate with the elections official in the county in which
the special  absentee   vote by mail  voter
is registered to provide the  absentee   vote
by mail  ballot that contains the appropriate measures and races
for the precinct in which the special  absentee 
 vote by   mail  voter is registered.
  SEC. 14.  Section 3112 of the Elections Code is amended to read:
   3112.  If by any act of Congress  which  
that  is now or may become effective during the effective period
of this section, provision is made for voting by special 
absent   vote by mail  voter, that act shall
control and be superior to any conflicting provisions of this code,
and all state, county, municipal and district officers who are
charged with the performance of duties with reference to the election
laws of this state shall perform the duties and discharge the
obligations placed upon them by that act of Congress. It is the
purpose and intent of this section that full effect shall be given to
ballots cast by special  absentee   vote by
mail voters under federal statutes in order that no person shall
be deprived of his or her vote by virtue of having cast his or her
ballot under any federal statute rather than under the laws of this
state.