SB 240,
as amended, Yee. Vote by mail ballot drop boxesbegin delete: higher education campusesend delete.
Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to administer the provisions of the Elections Code. Existing law authorizes the Secretary of State to adopt regulations to assure the uniform application and administration of state election laws.
end insert(1) Existing
end deletebegin insertExisting end insertlaw 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.begin insert Under existing law, a vote by mail voter is required to return his or her voted vote by mail ballot either by returning the ballot by mail or in person to the elections official from whom it came or by returning the ballot in person to a member of a precinct board at a polling place within the jurisdiction.end insert
begin insertThis bill would permit a vote by mail voter to return his or her voted vote by mail ballot to the elections official from whom it came at a vote by mail ballot drop-off location, as defined. This bill would require the Secretary of State to promulgate regulations establishing security measures and procedures that a county elections official would be required to comply with if the county elections official establishes one or more vote by mail ballot drop-off locations and vote by mail ballot drop boxes, as defined.
end insertThis 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 drop-off locations and vote by mail ballot drop boxes, 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 drop-off locations within each community college if convenient for voters. 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 drop-off locations. 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 drop-off locations, the bill would impose a state-mandated local program.
end delete(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.
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: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 3017 of the Elections Code is amended
2to read:
(a) All vote by mail ballots cast under this division shall
4be voted on or before the day of the election. After marking the
5ballot, the vote by mail voter shall do any of the following: (1)
6return the ballot by mail or in person to the elections official from
7whom it came, (2) return the ballot in person to a member of a
8precinct board at a polling place within the jurisdiction, or (3)
9return the ballot to the elections official from whom it came at a
10vote by mail ballot drop-off location, if provided pursuant to
11Section 3025. However, a vote by mail voter who is unable to
12return the ballot may designate his or her spouse, child, parent,
13grandparent, grandchild, brother, sister, or a person residing in the
14same household as the vote by mail voter to
return the ballot to
15the elections official from whom it came or to the precinct board
16at a polling place within the jurisdiction. The ballot must, however,
17be received by either the elections official from whom it came or
18the precinct board before the close of the polls on election day.
19(b) The elections official shall establish procedures to ensure
20the secrecy of a ballot returned to a precinct polling place and the
21security, confidentiality, and integrity of any personal information
22collected, stored, or otherwise used pursuant to this section.
23(c) On or before March 1, 2008, the elections official shall
24establish procedures to track and confirm the receipt of voted vote
25by mail ballots and to make this information available by means
26of online access using the county’s elections
division Internet Web
27site. If the county does not have an elections division Internet Web
28site, the elections official shall establish a toll-free telephone
29number that may be used to confirm the date a voted vote by mail
30ballot was received.
31(d) The provisions of this section are mandatory, not directory,
32and a ballot shall not be counted if it is not delivered in compliance
33with this section.
34(e) Notwithstanding subdivision (a), a vote by mail voter’s ballot
35shall not be returned by a paid or volunteer worker of a general
36purpose committee, controlled committee, independent expenditure
37committee, political party, candidate’s campaign committee, or
38any other group or organization at whose behest the individual
P4 1designated to return the ballot is performing a service. However,
2this
subdivision does not apply to a candidate or a candidate’s
3spouse.
Section 3025 is added to the Elections Code, to read:
(a) For purposes of this section, the following terms
6have the following meanings:
7(1) “Vote by mail ballot drop box” means a secure receptacle
8established by a county or city and county elections official
9whereby a voted vote by mail ballot may be returned to the
10elections official from whom it was obtained.
11(2) “Vote by mail ballot drop-off location” means a location
12consisting of a secured vote by mail ballot drop box at which a
13voted vote by mail ballot may be returned to the elections official
14from whom it was obtained.
15(b) The Secretary of State shall promulgate regulations
16establishing security measures and procedures that a county
17elections official shall comply with if the county elections official
18establishes one or more vote by mail ballot drop-off locations.
19(b) For each statewide general election and each statewide
20primary election conducted by a county or a city and county, the
21county or city and county elections official shall do both of the
22following:
23(1) Establish at least one vote by mail ballot
drop-off location
24within each campus of the California State University and the
25University of California within the jurisdiction of the county or
26city and county.
27(2) Consider establishing at least one vote by mail ballot drop-off
28location within each community college within the jurisdiction of
29the county or city and county, and establish that vote by mail ballot
30drop-off location if the elections official determines that a vote by
31mail ballot
drop-off location at the college would be convenient
32for voters.
33(c) The California State University and the California
34Community Colleges shall, and the University of California is
35requested to, provide access for use of their campuses as
vote by
36mail ballot drop-off locations. This section does not apply to a
37campus of the University of California if the campus refuses a
38request for access to the campus as a vote by mail ballot drop-off
39location.
P5 1(d) (1) Each vote by mail ballot drop-off location shall be
2monitored during business hours by at least one person appointed
3by the elections official.
4(2) Each vote by mail ballot drop box located outdoors shall be
5constructed of durable material able to withstand inclement
6weather. During nonbusiness hours or when an appointed monitor
7is not available, a vote by mail ballot drop box shall be placed in
8a locked and secure location.
9(3) The Secretary of State shall assist elections officials by
10providing recommendations and guidelines regarding the placement
11
and security of vote by mail ballot drop boxes
and vote by mail
12ballot drop-off locations. The placement and security of each vote
13by mail ballot drop box and each vote by mail ballot drop-off
14location shall be determined by the elections official, in accordance
15with guidelines provided by the Secretary of State pursuant to this
16paragraph.
17(e) Beginning 29 days prior to the day of the election until 8:00
18p.m. on the day of the election, two persons appointed by the
19elections official shall empty each vote by mail ballot drop box
20with sufficient frequency to prevent damage and unauthorized
21access to the ballots. Vote by mail ballots shall not be removed
22from a vote by mail ballot drop box except by persons appointed
23by the elections official. Vote by mail ballot drop boxes shall be
24locked and sealed at all times, with seal logs that document each
25time the box is
opened, by whom, and the number of ballots
26removed. Ballots shall be placed into sealed transport carriers and
27returned to the elections official’s office or another designated
28location. At 8:00 p.m. on the day of the election, all vote by mail
29ballot drop boxes shall be emptied and sealed to prevent the deposit
30of additional ballots.
If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.
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