AB 1836, as amended, 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 wouldbegin delete alsoend delete require that the identification envelope contain the address of the person authorized by the voter to return the vote by mail ballot.begin insert This bill would require the person authorized to return the voter’s vote by mail ballot to present proof of his or her identity and residency, as specified. If the person is unable to present proof of identification or residency, this bill would require the elections official or precinct board member to contact the voter to verify that the person is authorized to return the voter’s vote by mail ballot. This bill would prohibit a voter’s vote by mail ballot
from being counted unless the person returning the ballot presents proof of his or her identity and residency or the elections official or precinct board member verifies that the person is authorized by the voter to return the ballot.end insert
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.
P3 1(7) A warning plainly stamped or printed on it that the voter
2must sign the envelope in his or her own handwriting in order for
3the ballot to be counted.
4(8) A statement that the voter has neither applied, nor intends
5to apply, for a vote by mail voter’s ballot from any other
6jurisdiction for the same election.
7(9) The name and residence address of the person authorized
8by the voter to return the vote by mail ballot pursuant to Section
93017.
10(10) The relationship to the voter of the person authorized to
11return the vote by mail ballot.
12(11) The signature of the person authorized to return the vote
13by mail ballot.
14(b) Except at a primary election for partisan office, and
15notwithstanding any other provision of law, the vote by mail voter’s
16party affiliation may not be stamped or printed on the identification
17envelope.
Section 3017 of the Elections Code is amended to read:
(a) All vote by mail ballots cast under this division shall
20be voted on or before the day of the election. After marking the
21ballot, the vote by mail voter shall do either of the following: (1)
22return the ballot by mail or in person to the elections official from
23whom it came or (2) return the ballot in person to a member of a
24precinct board at a polling place within the jurisdiction. However,
25a vote by mail voter who is unable to return the ballot may
26designate his or her spouse, child, parent, grandparent, grandchild,
27brother, sister, or a person residing in the same household as the
28vote by mail voter to return the ballot to the elections official from
29whom it came or to the precinct board at a polling place within
30the jurisdiction. The ballot
must, however, be received by either
31the elections official from whom it came or the precinct board
32before the close of the polls on election day.
33(b) The elections official shall establish procedures to ensure
34the secrecy of a ballot returned to a precinct polling place and the
35security, confidentiality, and integrity of any personal information
36collected, stored, or otherwise used pursuant to this section.
37(c) (1) The elections official shall provide each polling place
38with a blank roster for recording the following information from
39each person returning a vote by mail ballot:
40(A) The name of the vote by mail voter.
P4 1(B) The name of the person authorized by the voter to return
2the vote by mail ballot.
3(C) The signature of the person authorized by the voter to return
4the vote by mail ballot.
5(D) The residence address of the person authorized by the voter
6to return the vote by mail ballot.
7(E) The relationship to the voter of the person authorized to
8return the vote by mail ballot.
9(2) Before returning a vote by mail ballot to an electionsbegin delete official,end delete
10begin insert
official or a member of a precinct board, end insert the voter or person
11authorized by the voter to return the ballot shall have filled in the
12information required by this subdivisionbegin insert, and the person authorized
13by the voter to return the vote by mail ballot shall present proof
14of his or her identity and residency, which shall match his or her
15name and residence address printed on the identification envelope.
16For purposes of this paragraph, proof of identity and residency
17shall consist of a current and valid photographic identification or
18a copy of a current utility bill, bank statement, government check,
19paycheck, or other government document that shows the name and
20address of the person. If a person is unable to present proof of his
21or her identity or residency, the elections official or precinct board
22member shall contact the voter to verify that the person is
23authorized to
return the voter’s vote by mail ballot. The voter’s
24vote by mail ballot shall not be counted unless the person returning
25the ballot presents proof of identity and residency or the elections
26official or precinct board member verifies that the person is
27authorized to return the ballotend insert.
28(3) The roster shall be preserved with other elections documents.
29(d) On or before March 1, 2008, the elections official shall
30establish procedures to track and confirm the receipt of voted vote
31by mail ballots and to make this information available by means
32of online access using the county’s elections division Internet Web
33site. If the county does not have an elections division Internet Web
34site, the elections official shall establish a toll-free telephone
35number
that may be used to confirm the date a voted vote by mail
36ballot was received.
37(e) The provisions of this section are mandatory, not directory,
38and a ballot shall not be counted if it is not delivered in compliance
39with this section.
P5 1(f) Notwithstanding subdivision (a), a vote by mail voter’s ballot
2shall not be returned by a paid or volunteer worker of a general
3purpose committee, controlled committee, independent expenditure
4committee, political party, candidate’s campaign committee, or
5any other group or organization at whose behest the individual
6designated to return the ballot is performing a service. However,
7this subdivision does not apply to a candidate or a candidate’s
8spouse.
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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