California Legislature—2013–14 Regular Session

Assembly BillNo. 1596


Introduced by Assembly Member Garcia

February 4, 2014


An act to amend Section 3006 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1596, as introduced, Garcia. Elections: vote by mail ballot applications.

Existing law requires that a printed application that is to be distributed to a voter for requesting a vote by mail voter’s ballot include specified information. Existing law requires an individual, organization, or group that distributes applications for vote by mail ballots and receives completed application forms to return the forms to the appropriate elections official within 72 hours of receiving the forms.

This bill would require a printed vote by mail application that allows a voter to submit the application by mail to inform the voter of the address for the elections official and specify that address the only appropriate destination address for the application, as specified. The bill would provide that it not be construed as prohibiting an individual, organization, or group that distributes applications for vote by mail voter ballots from collecting or receiving applications from voters by means other than having applications mailed directly to the address of the distributing individual, organization, or group.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3006 of the Elections Code is amended
2to read:

3

3006.  

(a) A printed application that is to be distributed to a
4voter for requesting a vote by mail voter’s ballot shall inform the
5voter that the application for the vote by mail voter’s ballot must
6be received by the elections official not later than seven days prior
7to the date of the election and shall contain spaces for the
8following:

9(1) The printed name and residence address of the voter as it
10appears on the affidavit of registration.

11(2) The address to which the ballot is to be mailed.

12(3) The voter’s signature.

13(4) The name and date of the election for which the request is
14 to be made.

15(b) (1) The information required by paragraphs (1) and (4) of
16subdivision (a) may be preprinted on the application. The
17information required by paragraphs (2) and (3) of subdivision (a)
18shall be personally affixed by the voter.

19(2) An address, as required by paragraph (2) of subdivision (a),
20may not be the address of a political party, a political campaign
21headquarters, or a candidate’s residence. However, a candidate,
22his or her spouse, immediate family members, and any other voter
23who shares the same residence address as the candidate may request
24that a vote by mail ballot be mailed to the candidate’s residence
25address.

26(3) An application that contains preprinted information shall
27contain a conspicuously printed statement substantially similar to
28the following: “You have the legal right to mail or deliver this
29application directly to the local elections official of the county
30where you reside.”

begin insert

31(4) A printed vote by mail application that allows a voter to
32submit the application by mail shall inform the voter of the address
33for the elections official and specify that address as the only
34appropriate destination address for mailing the application.
35Nothing in this subdivision shall be construed to prohibit an
36individual, organization, or group that distributes applications
37for vote by mail voter ballots from collecting or receiving
38applications from voters, as described in Section 3008, by means
P3    1other than having the applications mailed directly to the address
2of the distributing individual, organization, or group.

end insert

3(c) The application shall inform the voter that if he or she has
4declined to disclose a preference for a political party, the voter
5may request a vote by mail ballot for a particular political party
6for the partisan primary election, if that political party has adopted
7a party rule, duly noticed to the Secretary of State, authorizing that
8vote. The application shall contain a toll-free telephone number,
9established by the Secretary of State, that the voter may call to
10access information regarding which political parties have adopted
11such a rule. The application shall contain a checkoff box with a
12conspicuously printed statement that reads substantially similar to
13the following: “I have declined to disclose a preference for a
14qualified political party. However, for this primary election only,
15I request a vote by mail ballot for the _________ Party.” The name
16of the political party shall be personally affixed by the voter.

17(d) The application shall provide the voter with information
18 concerning the procedure for establishing permanent vote by mail
19voter status, and the basis upon which permanent vote by mail
20voter status is claimed.

21(e) The application shall be attested to by the voter as to the
22truth and correctness of its content, and shall be signed under
23penalty of perjury.



O

    99