Bill Text: CA AB1921 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elections: vote by mail ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-29 - Chaptered by Secretary of State - Chapter 820, Statutes of 2016. [AB1921 Detail]
Download: California-2015-AB1921-Chaptered.html
BILL NUMBER: AB 1921 CHAPTERED
BILL TEXT
CHAPTER 820
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 8, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 11, 2016
An act to amend Section 3017 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1921, Gonzalez. Elections: vote by mail ballots.
Existing law requires that the vote by mail ballot be available to
any registered voter. Under existing law, a voter who is unable to
return his or her vote by mail ballot may designate his or her
spouse, child, parent, grandparent, grandchild, brother, sister, or
person residing in the same household as the vote by mail voter to
return the vote by mail ballot. Except in the case of a candidate or
the spouse of a candidate, existing law prohibits the return of a
voter's vote by mail ballot by one of those designees who is also a
paid or volunteer worker of a general purpose committee, controlled
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
This bill would remove those restrictions and instead authorize
the designation of any person to return a vote by mail ballot. The
bill would prohibit a person designated to return a vote by mail
ballot from receiving any form of compensation, as defined, based on
the number of ballots that the person has returned and would prohibit
an individual, group, or organization from providing compensation on
this basis. The bill would state that any person in charge of a vote
by mail ballot who knowingly and willingly engages in criminal acts
related to that ballot is subject to the appropriate punishment
pursuant to existing law.
This bill would incorporate additional changes to Section 3017 of
the Elections Code proposed by SB 450 that would become operative
only if SB 450 and this bill are both chaptered and this bill is
chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 any of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came, (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction, 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. However, a vote by mail voter who is unable to return
the ballot may designate any person 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) (1) A person designated to return a vote by mail ballot shall
not receive any form of compensation based on the number of ballots
that the person has returned and no individual, group, or
organization shall provide compensation on this basis.
(2) For purposes of this paragraph, "compensation" means any form
of monetary payment, goods, services, benefits, promises or offers of
employment, or any other form of consideration offered to another
person in exchange for returning another voter's vote by mail ballot.
(3) Any person in charge of a vote by mail ballot and who
knowingly and willingly engages in criminal acts related to that
ballot as described in Division 18 (commencing with Section 18000),
including, but not limited to, fraud, bribery, intimidation, and
tampering with or failing to deliver the ballot in a timely fashion,
is subject to the appropriate punishment specified in that division.
SEC. 1.5. 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 any of the following: (1)
return the ballot by mail or in person to the elections official who
issued the ballot, (2) return the ballot in person to a member of a
precinct board at a polling place or vote center within the state, or
(3) return the ballot to a vote by mail ballot dropoff location
within the state that is provided pursuant to Section 3025 or 4005.
However, a vote by mail voter who is unable to return the ballot may
designate any person to return the ballot to the elections official
who issued the ballot, to the precinct board at a polling place or
vote center within the state, or to a vote by mail ballot dropoff
location within the state that is provided pursuant to Section 3025
or 4005. The ballot must, however, be received by the elections
official who issued the ballot, the precinct board, or the vote by
mail ballot dropoff location before the close of the polls on
election day. If a vote by mail ballot is returned to a precinct
board at a polling place or vote center, or to a vote by mail ballot
dropoff location, that is located in a county that is not the county
of the elections official who issued the ballot, the elections
official for the county in which the vote by mail ballot is returned
shall forward the ballot to the elections official who issued the
ballot no later than eight days after receipt.
(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) (1) A person designated to return a vote by mail ballot shall
not receive any form of compensation based on the number of ballots
that the person has returned and no individual, group, or
organization shall provide compensation on this basis.
(2) For purposes of this paragraph, "compensation" means any form
of monetary payment, goods, services, benefits, promises or offers of
employment, or any other form of consideration offered to another
person in exchange for returning another voter's vote by mail ballot.
(3) Any person in charge of a vote by mail ballot and who
knowingly and willingly engages in criminal acts related to that
ballot as described in Division 18 (commencing with Section 18000),
including, but not limited to, fraud, bribery, intimidation, and
tampering with or failing to deliver the ballot in a timely fashion,
is subject to the appropriate punishment specified in that division.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 3017 of the Elections Code proposed by both this bill and
Senate Bill 450. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 3017 of the Elections Code, and (3) this bill is
enacted after Senate Bill 450, in which case Section 1 of this bill
shall not become operative.
