Amended in Senate January 21, 2014

Amended in Senate January 6, 2014

Amended in Senate April 11, 2013

Senate Bill No. 240

Introduced by Senator Yee

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(Principal coauthor: Senator Anderson)

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(Coauthor: Senator Lieu)

(Coauthors: Assembly Members Gray and Pan)

February 12, 2013

An act to begin insert amend Section 3017 of, and to end insert add Section 3025 to begin insert , end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 240, as amended, Yee. Vote by mail ballot drop boxes: higher education campuses.

(1) Existing law sets forth procedures for processing vote by mail ballots and requires that all vote by mail ballots cast be received by the elections official or by the precinct board no later than the close of polls on election day.

This bill would, for statewide general and primary elections conducted by a county or city and county, require the county or city and county elections official to establish vote by mail ballot begin delete drop boxes end delete begin insert drop-off locations and vote by mail ballot drop boxes end insert , as defined, within each campus of the California State University and the University of California, and would require the elections official to establish vote by mail ballot begin delete drop boxes end delete begin insert drop-off locations end insert within each community college if convenient for voters. begin delete The bill would not apply to counties or cities and counties that have a population of fewer than 150,000 people. end delete The bill would require the California State University and the California Community Colleges, and request the University of California, to provide access for the use of their campuses as vote by mail ballot begin delete drop box sites end delete begin insert drop-off locations end insert . The bill would require the Secretary of State to assist elections officials by providing recommendations and guidelines regarding the placement and security of vote by mail ballot drop boxes. By requiring county and city and county elections officials to perform new duties, and the California Community Colleges to provide access as vote by mail ballot begin delete drop box sites end delete begin insert drop-off locations end insert , the bill would impose a state-mandated local program.

(2) 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:

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begin insert SECTION 1. end insert   

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begin insert Section 3017 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

3017.  

(a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do begin delete either end delete begin insert any end insert of the following:
(1) return the ballot by mail or in person to the elections official
from whom it came begin delete or end delete begin insert , end insert (2) return the ballot in person to a member
of a precinct board at a polling place within the jurisdiction begin insert , or (3)
return the ballot to the elections official from whom it came at a
vote by mail ballot drop-off location, if provided pursuant to
Section 3025 end insert . However, a vote by mail voter who is unable to
return the ballot may designate his or her spouse, child, parent,
grandparent, grandchild, brother, sister, or a person residing in the
same household as the vote by mail voter to return the ballot to
the elections official from whom it came or to the precinct board
at a polling place within the jurisdiction. The ballot must, however,
be received by either the elections official from whom it came or
the precinct board before the close of the polls on election day.

(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.

(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means
of online access using the county’s elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.

(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in compliance
with this section.

(e) Notwithstanding subdivision (a), a vote by mail voter’s ballot
shall not be returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate’s campaign committee, or
any other group or organization at whose behest the individual
designated to return the ballot is performing a service. However,
this subdivision does not apply to a candidate or a candidate’s
spouse.

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begin insert SEC. 2. end insert   

Section 3025 is added to the Elections Code, to read:

3025.  

(a) For purposes of this section, begin insert the following terms end insert
begin insert have the following meanings: end insert begin delete “vote end delete

begin insert (1) end insert begin insert   end insert begin insert “Vote end insert by mail ballot drop box” means a secure receptacle
established by a county or city and county elections official
whereby a voted vote by mail ballot may be returned to the
elections official from whom it was obtained.

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(2) “Vote by mail ballot drop-off location” means a location
consisting of a secured vote by mail ballot drop box at which a
voted vote by mail ballot may be returned to the elections official
from whom it was obtained.

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(b) For each statewide general election and each statewide
primary election conducted by a county or a city and county, the
county or city and county elections official shall do both of the
following:

(1) Establish at least one vote by mail ballot begin delete drop box end delete begin insert drop-off
location end insert within each campus of the California State University
and the University of California within the jurisdiction of the
county or city and county.

(2) Consider establishing at least one vote by mail ballot begin delete drop
box end delete begin insert drop-off location end insert within each community college within the
jurisdiction of the county or city and county, and establish that
vote by mail ballot begin delete drop box end delete begin insert drop-off location end insert if the elections
official determines that a vote by mail ballot begin delete drop box end delete begin insert drop-off
location end insert at the college would be convenient for voters.

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(c) This section does not apply to a county or city and county
that has a population of fewer than 150,000 people.

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(d)

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begin insert (c) end insert  The California State University and the California
Community Colleges shall, and the University of California is
requested to, provide access for use of their campuses as begin delete a end delete vote
by mail ballot begin delete drop box site end delete begin insert drop-off locations end insert . This section does
not apply to a campus of the University of California if the campus
refuses a request for access to the campus as a vote by mail ballot
begin delete drop box site end delete begin insert drop-off location end insert .

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(e)

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(d) (1) Each vote by mail ballot drop-off location shall be
monitored during business hours by at least one person appointed
by the elections official.

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(2) Each vote by mail ballot drop box located outdoors shall
be constructed of durable material able to withstand inclement
weather. During nonbusiness hours or when an appointed monitor
is not available, a vote by mail ballot drop box shall be placed in
a locked and secure location.

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begin insert (3) end insert  The Secretary of State shall assist elections officials by
providing recommendations and guidelines regarding the placement
and security of vote by mail ballot drop boxes begin insert and vote by mail
ballot drop-off locations. The placement and security of each vote
by mail ballot drop box and each vote by mail ballot drop-off
location shall be determined by the elections official, in accordance
with guidelines provided by the Secretary of State pursuant to this
paragraph end insert .

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(e) Beginning 29 days prior to the day of the election until 8:00
p.m. on the day of the election, two persons appointed by the
elections official shall empty each vote by mail ballot drop box
with sufficient frequency to prevent damage and unauthorized
access to the ballots. Vote by mail ballots shall not be removed
from a vote by mail ballot drop box except by persons appointed
by the elections official. Vote by mail ballot drop boxes shall be
locked and sealed at all times, with seal logs that document each
time the box is opened, by whom, and the number of ballots
removed. Ballots shall be placed into sealed transport carriers
and returned to the elections official’s office or another designated
location. At 8:00 p.m. on the day of the election, all vote by mail
ballot drop boxes shall be emptied and sealed to prevent the deposit
of additional ballots.

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begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.