Bill Text: CA AB101 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Elections: vote by mail ballots.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB101 Detail]

Download: California-2009-AB101-Enrolled.html

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BILL NUMBER: AB 101	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  SEPTEMBER 1, 2009

INTRODUCED BY   Assembly Member Anderson

                        JANUARY 8, 2009

   An act to amend Section 3010 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 101, Anderson.  Elections: vote by mail ballots.
   Existing law requires that a ballot contain all supplies necessary
for the return of the ballot and that the identification envelope
for a vote by mail ballot contain specified information.
   This bill would also require a notice that the identification
envelope of a vote by mail ballot must be actually received by
elections officials before the polls close on election day in order
to be counted, except as specified.
   Because the bill would require local elections officials to
provide additional service, it would impose 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3010 of the Elections Code is amended to read:
   3010.  (a) The elections official shall deliver the following to
each qualified applicant:
   (1) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
   (2) All supplies necessary for the use and return of the ballot.
   (3) (A) Except as provided in subparagraph (B), a notice that a
vote by mail ballot must actually be received by elections officials
before the polls close on election day in order for the ballot to be
counted and that an envelope postmarked by the day of the election is
not sufficient. This notice shall be included on the identification
envelope or in instructions to the voter.
   (B) With respect to a county that provides instructions to the
voter on an identification envelope, the requirement in subparagraph
(A) shall apply only after the county has exhausted all
identification envelopes that were in its possession prior to January
1, 2010.
   (b) No officer of this state may make any charge for services
rendered to a voter under this chapter.
  SEC. 2.  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.