Bill Text: CA AB2080 | 2011-2012 | Regular Session | Chaptered
Bill Title: Vote by mail ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-24 - Chaptered by Secretary of State - Chapter 501, Statutes of 2012. [AB2080 Detail]
Download: California-2011-AB2080-Chaptered.html
BILL NUMBER: AB 2080 CHAPTERED
BILL TEXT
CHAPTER 501
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2012
APPROVED BY GOVERNOR SEPTEMBER 24, 2012
PASSED THE SENATE AUGUST 22, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 14, 2012
AMENDED IN SENATE JUNE 26, 2012
INTRODUCED BY Assembly Member Gordon
FEBRUARY 23, 2012
An act to amend Section 3017 of the Elections Code, relating to
vote by mail ballots.
LEGISLATIVE COUNSEL'S DIGEST
AB 2080, Gordon. Vote by mail ballots.
Existing law creates vote by mail ballots. After marking the
ballot, vote by mail voters are required to return their ballots 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 due to illness or physical disability 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.
This bill would eliminate the requirement that a vote by mail
voter be ill or physically disabled in order to designate one of the
above-mentioned persons to return his or her marked ballot.
This bill would incorporate additional changes to Section 3017 of
the Elections Code proposed by AB 2054, which would become operative
only if AB 2054 and this bill are both enacted, both bills become
effective on or before January 1, 2013, and this bill is enacted
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 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) 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.
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 who
issued the ballot or (2) return the ballot in person to a member of a
precinct board at a polling place within the state. 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 who issued the ballot
or to the precinct board at a 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.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 3017 of the Elections Code proposed by both this bill and
Assembly Bill 2054. 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 2054, in which case Section 1 of
this bill shall not become operative.
