Bill Text: CA AB2054 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: vote by mail ballots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB2054 Detail]

Download: California-2011-AB2054-Amended.html

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BILL NUMBER: AB 2054	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 13, 2012
	AMENDED IN ASSEMBLY  MARCH 28, 2012

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 23, 2012

   An act to amend Sections 3017 and 15320 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2054, as amended, Fong. Elections: vote by mail ballots.
   Existing law requires vote by mail ballots to be voted on or
before the day of the election. Existing law requires that a vote by
mail ballot be returned by mail or in person to the elections
official who issued the ballot or in person to a member of a precinct
board at a polling place within the jurisdiction, except as
specified.
   This bill would authorize a voter to return his or her vote by
mail ballot to a precinct board at any polling place within the
state. The bill would require the elections official of a county
where a vote by mail ballot is returned, if the ballot is returned to
a polling place in a county other than the county of the elections
official who issued the ballot, to forward the ballot to the
elections official who issued the ballot. By imposing additional
duties on local elections officials, this bill would impose a
state-mandated local program.
   Existing law requires that vote by mail ballots and mail ballot
precinct ballots returned to the elections office and to the polls on
election day and which are not included in the semifinal official
canvass phase of the election be processed and counted during the
official canvass, as specified.
   This bill would specify that this requirement also applies to any
ballots that are returned to another jurisdiction in the state and
which are forwarded to the issuing jurisdiction as required by this
bill. 
   This bill would incorporate additional changes to Section 3017 of
the Elections Code proposed by AB 2080, which would become operative
only if AB 2080 and this bill are both enacted, both bills become
effective on or before January 1, 2013, and this bill is enacted
last. 
   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 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 who
issued the ballot or (2) return the ballot in person to any member of
a precinct board at any polling place within the state. However, a
vote by mail voter who, because of illness or other physical
disability, 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 who issued the ballot or
to the precinct board at any polling place within the state. The
ballot must, however, be received by either the elections official
who issued the ballot or a precinct board 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 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.
   (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 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) 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.

   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 either of the following: (1)
return the ballot by mail or in person to the elections official
 from whom it came   who issued the ballot 
or (2) return the ballot in person to  any   a
 member of a precinct board at  any   a
 polling place within the  jurisdiction  
state  . However, a vote by mail voter who, because of illness
or other physical disability, 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   who
issued the ballot  or to the precinct board at any
  a  polling place within the  jurisdiction
  state  . The ballot must, however, be received
by either the elections official  from whom it came 
 who issued the ballot  or  the   a
 precinct board 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 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. 
   (b) The elections official shall establish procedures to ensure
the secrecy of  any   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  no   a  ballot shall  not  be
counted if it is not delivered in compliance with this section.
   (e) Notwithstanding subdivision (a),  no   a
 vote by mail voter's ballot shall  not  be returned by
 any   a  paid or volunteer worker of
 any   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 
shall   does  not apply to a candidate or a
candidate's spouse.
   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 either of the following: (1)
return the ballot by mail or in person to the elections official
 from whom it came   who issued the ballot 
or (2) return the ballot in person to  any   a
 member of a precinct board at  any   a
 polling place within the  jurisdiction  
state  . However, a vote by mail voter who  , because of
illness or other physical disability,  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
  who issued the ballot  or to the precinct board
at  any   a  polling place within the
 jurisdiction  state  . The ballot must,
however, be received by either the elections official  from
whom it came   who issued the ballot  or 
the   a  precinct board 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 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. 
   (b) The elections official shall establish procedures to ensure
the secrecy of  any   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  no   a  ballot shall  not  be
counted if it is not delivered in compliance with this section.
   (e) Notwithstanding subdivision (a),  no   a
 vote by mail voter's ballot shall  not  be returned by
 any   a  paid or volunteer worker of
 any   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 
shall   does  not apply to a candidate or a
candidate's spouse.
  SEC. 2.  Section 15320 of the Elections Code is amended to read:
   15320.  Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day
that are not included in the semifinal official canvass phase of the
election, including any ballots returned to another jurisdiction in
the state and forwarded to the issuing jurisdiction pursuant to
Section 3017, shall be processed and counted during the official
canvass in the manner prescribed by Chapter 2 (commencing with
Section 15100).
   SEC. 3.    Section 1.5 of this bill incorporates
amendments to Section 3017 of the Elections Code proposed by both
this bill and Assembly Bill 2080. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2013, (2) each bill amends Section 3017 of the Elections Code, and
(3) this bill is enacted after Assembly Bill 2080, in which case
Section 1 of this bill shall not become operative. 
   SEC. 3.   SEC. 4.   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.