BILL NUMBER: AB 945 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 18, 2011
An act to add Section 14215.5 to amend
Section 3011 of, and to add Sections 3020.5 and 14215.5 to, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 945, as amended, Donnelly. Elections: voter
identification voting procedures .
Existing law requires that the identification envelope for
returning a vote by mail ballot contain specified information and
that a vote by mail ballot be received by the issuing elections
official or the precinct board no later than the close of polls on
election day.
This bill would additionally require that the identification
envelope include a verification panel, concealed during mailing,
setting forth the last 4 digits of the voter's California driver's
license or identification card number or, if unavailable, the last 4
digits of the voter's social security number and a security flap that
would conceal voter's identification information during mailing.
This bill would make an exception from the deadline for returning
a vote by mail ballot for specified members of the military stationed
outside of the United States, instead requiring that their vote by
mail ballot be postmarked on or before election day and received by
their elections official not later than 21 days after election day.
Existing law requires that a person desiring to vote announce his
or her name and address to the precinct board member at the polling
place and then write the information in the index, except for
specified exceptions.
This bill would require a person desiring to vote to produce and
show a valid form of state-issued photographic identification to the
precinct worker at the polling place.
Because this bill would increase the duties of local elections
officials regarding conducting elections, 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.
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 3011 of the
Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter and the last four digits of
the voter's California driver's license number or California
identification card number, or if the voter has neither, the last
four digits of the voter's social security number. The signature and
numeric identifying information shall be verified as being consistent
with the voter's state or federal records, prior to counting the
ballot .
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(12) A security flap or sleeve to conceal the voter's signature
and identifying information during mailing.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
SEC. 2. Section 3020.5 is added to the
Elections Code , to read:
3020.5. Notwithstanding Sections 3020, 3311, and 4103, or any
other provision of law, a vote by mail ballot of a member of the
Armed Forces of the United States who is an "absent uniformed
services voter," as defined in subsection (1) of Section 1973ff-6 of
Title 42 of the United States Code, shall be timely cast if
postmarked or signed and dated on or before election day and received
by the voter's elections official not later than 21 days after
election day.
SECTION 1. SEC. 3. Section 14215.5
is added to the Elections Code, to read:
14215.5. A person desiring to vote shall first produce and show
to the precinct worker at the polling place a valid, state-issued
form of photographic identification.
SEC. 2. 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.