BILL NUMBER: SB 348	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 15, 2011

   An act to amend Sections 3020 and 4103 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 348, as introduced, Correa. Elections: vote by mail ballots.
   Existing law makes the vote by mail ballot available to any
registered voter. Existing law requires that those vote by mail
ballots be received by the elections officials from whom they were
obtained or by the precinct boards before the polls close on election
day in order to be counted.
   Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
   This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is postmarked on or
before election day and received by the voter's elections official
no later than 6 days after election day.
   Because the bill would expand 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.
   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 3020 of the Elections Code is amended to read:
   3020.   (a)    All vote by mail ballots cast
under this division shall be received by the elections official from
whom they were obtained or by the precinct board no later than the
close of the polls on election day. 
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is postmarked on or
before election day and received by the voter's elections official no
later than six days after election day. 
  SEC. 2.  Section 4103 of the Elections Code is amended to read:
   4103.   (a)    Notwithstanding Section 3020,
ballots cast under this chapter shall be returned to the elections
official from whom they were obtained no later than 8 p.m. on
election day. 
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is postmarked on or
before election day and received by the voter's elections official no
later than six days after election day. 
  SEC. 3.  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.