Bill Text: CA AB1836 | 2013-2014 | Regular Session | Amended
Bill Title: Vote by mail ballots.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB1836 Detail]
Download: California-2013-AB1836-Amended.html
BILL NUMBER: AB 1836 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 11, 2014
INTRODUCED BY Assembly Member Jones
FEBRUARY 18, 2014
An act to amend Sections 3011 and 3017 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
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 would also
require that the identification envelope contain the
address of the person authorized by the voter to return the vote by
mail ballot. 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.
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 1. Section 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name and residence address of the person authorized by the
voter to return the vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
SEC. 2. Section 3017 of the Elections Code is amended to read:
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 either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction. 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) (1) The elections official shall provide each polling place
with a blank roster for recording the following information from each
person returning a vote by mail ballot:
(A) The name of the vote by mail voter.
(B) The name of the person authorized by the voter to return the
vote by mail ballot.
(C) The signature of the person authorized by the voter to return
the vote by mail ballot.
(D) The residence address of the person authorized by the voter to
return the vote by mail ballot.
(E) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(2) Before returning a vote by mail ballot to an elections
official, official or a member of a precinct
board, the voter or person authorized by the voter to return
the ballot shall have filled in the information required by this
subdivision , and the person authorized by the voter to return
the vote by mail ballot shall present proof of his or her identity
and residency, which shall match his or her name and residence
address printed on the identification envelope. For purposes of this
paragraph, proof of identity and residency shall consist of a current
and valid photographic identification or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the person. If
a person is unable to present proof of his or her identity or
residency, the elections official or precinct board member shall
contact the voter to verify that the person is authorized to
return the voter's vote by mail ballot. The voter's vote by mail
ballot shall not be counted unless the person returning the ballot
presents proof of identity and residency or the elections
official or precinct board member verifies that the person is
authorized to return the ballot .
(3) The roster shall be preserved with other elections documents.
(d) 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.
(e) 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.
(f) 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.
SEC. 3. 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.
