BILL NUMBER: SB 817 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2009
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 amended, 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 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 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 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 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 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) 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, 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 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) If a voter executes a special 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 vote by
mail voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for a special vote by mail
ballot or a vote by mail ballot. Upon request, the elections official
may send to the qualified special vote by mail voter either by mail,
facsimile, or electronic transmission the special 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) 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, 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 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) If a voter executes a special 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 vote by
mail voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for a special vote by mail
ballot or a vote by mail ballot. Upon request, the elections official
may send to the qualified special vote by mail voter either by mail,
facsimile, or electronic transmission the special 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 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 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 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 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. A vote by mail ballot application by a qualified special
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 a special 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 vote by mail voters registered under
this section.
SEC. 11. Section 3108 of the Elections Code is amended to read:
3108. If a special 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 a special 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 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 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 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 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 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 vote by mail voter is registered to provide the vote by mail
ballot that contains the appropriate measures and races for the
precinct in which the special 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 that is now or may become
effective during the effective period of this section, provision is
made for voting by special 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 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.