Bill Text: CA AB1519 | 2009-2010 | Regular Session | Amended

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Bill Title: Elections: vote by mail ballots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1519 Detail]

Download: California-2009-AB1519-Amended.html

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BILL NUMBER: AB 1519	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1519, as amended, De La Torre. Elections: vote by mail ballots.

   Existing law requires an elections official to provide a qualified
applicant for vote by mail voting with the ballot for the precinct
in which the voter resides and all supplies necessary for the use and
return of the ballot.
   This bill would require an elections official to provide a
qualified applicant for vote by mail voting with a business reply
envelope in which to return an election ballot. By imposing
additional duties on local elections officials, the bill would impose
a state-mandated local program.
   The bill would establish the State Vote by Mail Postage Fund, and
would require that any General Fund moneys appropriated by the
Legislature for the purposes of this provision be deposited into that
account to provide business reply envelopes in which to return
completed vote by mail ballots. 
   This bill would require the Secretary of State to amend the state
plan submitted to the federal Election Assistance Commission pursuant
to the federal Help America Vote Act of 2002 in order to enable the
use of federal funds available under that act for business reply
envelopes in which to return completed vote by mail ballots in
elections for federal offices. The bill provides that when the
federal funds are depleted, funds from the State Vote by Mail Postage
Fund shall be used exclusively. 
   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 and not
covered by the appropriation contained in this bill, 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 1.  Section 3010 of the Elections Code is amended to read:
   3010.  (a) The elections official shall deliver 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,
including a business reply envelope in which to return the completed
vote by mail ballot.
   (b) The State Vote by Mail Postage Fund is hereby established in
the State Treasury. Any moneys appropriated by the Legislature from
the General Fund for the purposes of this subdivision shall be
deposited into the fund to provide business reply envelopes in which
to return completed vote by mail ballots.
   (c) No officer of this state may make any charge for services
rendered to any voter under this chapter. 
  SEC. 2.    The Secretary of State shall amend the
state plan submitted to the federal Election Assistance Commission
pursuant to a provision of the federal Help America Vote Act of 2002
(42 U.S.C. Sec. 15403) in order to enable the use of federal funds
available under that act for business reply envelopes in which to
return completed vote by mail ballots in elections for federal
offices. When the funds available to the state for this purpose
pursuant to the Help America Vote Act are depleted, funds specified
in subdivision (b) of Section 3010 of the Elections Code shall be
used exclusively. 
   SEC. 3.   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.