AB 269,
as amended, Grove. begin deleteVote by mail ballots: military or overseas voters. end deletebegin insertVote by mail ballots.end insert
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.
end insertbegin insertExisting 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.
end insertbegin insertThis bill would, notwithstanding the above provisions, provide that any vote by mail ballot is timely cast if it is received by the voter’s elections official no later than 3 days after election day and the ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day.
end insertbegin insertBecause the bill would expand the duties of local elections officials, it would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertExisting law requires 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.
end deleteThis bill would make an exception for military or overseas voters, as defined, and would instead require that their vote by mail ballots be postmarked by the United States Postal Service or the Military Postal Service Agency on or before election day and received by their elections officials no later than 3 days after election day.
end deleteBecause the bill would impose additional duties on local elections officials, it would impose a state-mandated local program.
end deleteThe 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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 3020 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insert All vote by mail ballots cast under this division
4shall be received by the elections official from whom they were
5obtained or by the precinct board no later than the close of the
6polls on election day.
7(b) Notwithstanding subdivision (a), any vote by mail ballot
8cast under this division shall be timely cast if it is received by the
9voter’s elections official no later than three days after election day
10and the ballot is
postmarked on or before election day or is time
11stamped or date stamped by a bona fide private mail delivery
12company on or before election day.
begin insertSection 3117 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert
A valid ballot cast shall be counted if it is received by
15the elections officialbegin delete by the time the polls close on the day of the begin insert in accordance with Section 3020.end insert
16election.end delete
begin insertSection 4103 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert Notwithstanding Section 3020, ballots cast under
19this chapter shall be returned to the elections official from whom
20they were obtained no later than 8 p.m. on election day.
21(b) Notwithstanding subdivision (a), any vote by mail ballot
22cast under this chapter shall be timely cast if it is received by the
23voter’s elections official no later than three days after election day
24and the ballot is postmarked on or before election day
or is time
25stamped or date stamped by a bona fide private mail delivery
26company on or before election day.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
Section 3117 of the Elections Code is repealed.
end deleteSection 3117 is added to the Elections Code, to read:
Notwithstanding Section 3020 or 4103, or any other law,
35a vote by mail ballot of a military or overseas voter is timely cast
36if it is postmarked by the United States Postal Service or the
37Military Postal Service Agency on or before election day and
P4 1received by the voter’s elections official no later than three days
2after election day.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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