AB 1836, as introduced, Jones. Vote by mail ballots.
Existing law creates vote by mail ballots. After marking the ballot, a vote by mail voter is required to return his or her ballot by mail or in person to the elections official from whom it came or in person to a member of a precinct board at a polling place within the jurisdiction. A vote by mail voter who is unable to return his or her ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household to return the ballot to the specified elections official or precinct board member. Existing law requires that the identification envelope for returning a vote by mail ballot contain specified information, including the name and signature of the person authorized by the voter to return the vote by mail ballot.
This bill would require the elections official to provide each polling place with a blank roster for recording specified information from persons returning a vote by mail ballot, including the name and residence address of the person authorized by the voter to return the voter’s vote by mail ballot. This bill would also require that the identification envelope contain the address of the person authorized by the voter to return the vote by mail ballot.
By imposing additional duties on local elections officials, this bill imposes 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 3011 of the Elections Code is amended
2to read:
(a) The identification envelope shall contain all of the
4following:
5(1) A declaration, under penalty of perjury, stating that the voter
6resides within the precinct in which he or she is voting and is the
7person whose name appears on the envelope.
8(2) The signature of the voter.
9(3) The residence address of the voter as shown on the affidavit
10of registration.
11(4) The date of signing.
12(5) A notice that the envelope contains an official ballot and is
13to be opened only by the
canvassing board.
14(6) A warning plainly stamped or printed on it that voting twice
15constitutes a crime.
16(7) A warning plainly stamped or printed on it that the voter
17must sign the envelope in his or her own handwriting in order for
18the ballot to be counted.
19(8) A statement that the voter has neither applied, nor intends
20to apply, for a vote by mail voter’s ballot from any other
21jurisdiction for the same election.
22(9) The namebegin insert and residence addressend insert of the person authorized
23by the voter to return the vote by mail ballot pursuant to Section
243017.
25(10) The relationship to the voter of
the person authorized to
26return the vote by mail ballot.
P3 1(11) The signature of the person authorized to return the vote
2by mail ballot.
3(b) Except at a primary election for partisan office, and
4notwithstanding any other provision of law, the vote by mail voter’s
5party affiliation may not be stamped or printed on the identification
6envelope.
Section 3017 of the Elections Code is amended to read:
(a) All vote by mail ballots cast under this division shall
9be voted on or before the day of the election. After marking the
10ballot, the vote by mail voter shall do either of the following: (1)
11return the ballot by mail or in person to the elections official from
12whom it came or (2) return the ballot in person to a member of a
13precinct board at a polling place within the jurisdiction. However,
14a vote by mail voter who is unable to return the ballot may
15designate his or her spouse, child, parent, grandparent, grandchild,
16brother, sister, or a person residing in the same household as the
17vote by mail voter to return the ballot to the elections official from
18whom it came or to the precinct board at a polling place within
19the jurisdiction. The ballot must, however, be received by either
20the elections official from whom it came or the
precinct board
21before the close of the polls on election day.
22(b) The elections official shall establish procedures to ensure
23the secrecy of a ballot returned to a precinct polling place and the
24security, confidentiality, and integrity of any personal information
25collected, stored, or otherwise used pursuant to this section.
26(c) (1) The elections official shall provide each polling place
27with a blank roster for recording the following information from
28each person returning a vote by mail ballot:
29(A) The name of the vote by mail voter.
end insertbegin insert
30(B) The name of the person authorized by the voter to return
31the vote by mail ballot.
32(C) The signature of the person authorized by the voter to return
33the vote by mail ballot.
34(D) The residence address of the person authorized by the voter
35to return the vote by mail ballot.
36(E) The relationship to the voter of the person authorized to
37return the vote by mail ballot.
38(2) Before returning a vote by mail
ballot to an elections official,
39the voter or person authorized by the voter to return the ballot
40shall have filled in the information required by this subdivision.
P4 1(3) The roster shall be preserved with other elections documents.
end insert2(c)
end delete
3begin insert(d)end insert On or before March 1, 2008, the elections official shall
4establish procedures
to track and confirm the receipt of voted vote
5by mail ballots and to make this information available by means
6of online access using the county’s elections division Internet Web
7site. If the county does not have an elections division Internet Web
8site, the elections official shall establish a toll-free telephone
9number that may be used to confirm the date a voted vote by mail
10ballot was received.
11(d)
end delete
12begin insert(e)end insert The provisions of this section are mandatory, not directory,
13and a ballot shall not be counted if it is not delivered in compliance
14with this section.
15(e)
end delete
16begin insert(f)end insert Notwithstanding subdivision (a), a vote by mail voter’s ballot
17shall not be returned by a paid or volunteer worker of a general
18purpose committee, controlled committee, independent expenditure
19committee, political party, candidate’s campaign committee, or
20any other group or organization at whose behest the individual
21designated to return the ballot is performing a service. However,
22this subdivision does not apply to a candidate or a candidate’s
23spouse.
If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.
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