Bill Text: CA AB292 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Primary elections: ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 646, Statutes of 2023. [AB292 Detail]
Download: California-2023-AB292-Amended.html
Bill Title: Primary elections: ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 646, Statutes of 2023. [AB292 Detail]
Download: California-2023-AB292-Amended.html
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Amended
IN
Assembly
April 12, 2023 |
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Amended
IN
Assembly
February 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 292
| Introduced by Assembly Member Pellerin |
January 25, 2023 |
An act to amend Section 13502 of, and to add Section 6000.3 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 292, as amended, Pellerin.
Primary elections: ballots.
(1) Existing law prohibits a voter who has declined to disclose a political party preference from voting in a particular party’s primary election, including a presidential primary election, unless the party has authorized such a voter to vote in that party’s primary election.
This bill would require, for any nonpartisan ballot provided to a voter who has declined to disclose a political party preference for use in a presidential primary election, that a space be provided on or enclosed with the ballot for the voter to write in the name of a candidate who has been nominated by a party that authorizes such voters to vote in its primary election. The bill would require the voter to complete, sign, and return a separate document with the
ballot indicating the political party of the candidate the voter has written in.
(2) Existing law requires a county elections official, prior to each partisan primary election, to mail to every voter who has declined to disclose a political party preference a notice and application by which the voter can request a vote by mail ballot of a party that has authorized such voters to vote in its primary election. Existing law specifies other means by which a voter who has declined to disclose a political party preference can request the ballot of a political party that has authorized such a voter to vote in its primary election.
This bill would require the above-described application to contain a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote in that party’s primary election, along with a box next to each
party’s name for the voter to mark to request a vote by mail ballot for that party. The bill would also authorize such a voter to request a party’s ballot by text message to the appropriate elections official, if the county has established a system for processing such a request. The bill would also require a voter requesting another party’s ballot to provide specified personal identifying information.
By imposing new duties on local elections officials, this bill would impose 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6000.3 is added to the Elections Code, to read:6000.3.
(a) This section applies to any nonpartisan ballot provided to a voter who has declined to disclose a political party preference for use in voting in a presidential primary election.(b) Notwithstanding any other law, a space shall be provided on or enclosed with the ballot described in subdivision (a) for the voter to write in the name of a candidate for President of the United States who is nominated by a party that authorizes voters who decline to disclose a political party preference to vote in the party’s primary election. If the voter writes in the name of a candidate who is nominated by a party that does not authorize voters who decline to disclose a political
preference to vote in the party’s primary election, the vote for that candidate shall not be counted.
(c) (1) The ballot described in subdivision (a) shall be accompanied by a separate document that does all of the following:
(A) Contains a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote that party’s ballot, and next to each party’s name, a box to mark indicating that the voter wishes to vote that party’s ballot.
(B) Instructs the voter that the list of candidates for whom the voter is eligible to vote can be viewed in the voter information guide.
(C) Requires the voter to provide personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last name, home address, and date of birth.
(D) Requires the voter to sign the document.
(2) A voter who writes in the name of a presidential candidate pursuant to subdivision (b) shall mark the box indicating the party of the candidate for whom they voted, and complete, sign, and return the document with the voter’s ballot.
SEC. 2.
Section 13502 of the Elections Code is amended to read:13502.
(a) With each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference, the county elections official shall include a notice informing the voter that the voter may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.(b) Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a political party preference a notice and application regarding voting in the primary election.
(1) The notice shall inform the voter that the voter may request a
vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary of State, authorizing these voters to vote in their primary election. The notice shall also contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule.
(2) The application shall contain a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote that party’s ballot, and next to each party’s name, a box to mark indicating that the voter wishes to vote that party’s ballot. The application shall also require the voter to provide personal
identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last name, home address, and date of birth, and shall require the voter to sign the application. The notice or application shall instruct the voter that they may request a vote by mail ballot for the party they select by submitting the completed application to the appropriate county elections official in person, by mail, email, or facsimile transmission, or by other electronic means made available by the county elections official.
(c) In addition to the method specified in subdivision (b) and any other method permitted by law, a voter who has declined to disclose a political party preference may request the ballot of a political party that has authorized a voter who has declined to disclose a political party
preference to vote in its partisan primary election as follows: as described in this subdivision. A voter requesting a ballot pursuant to this subdivision shall provide identifying information that matches the information contained on the voter’s affidavit of registration, including their date of birth, home address, and first and last name. If requesting a ballot pursuant to paragraph (3), the voter must also provide their signature. The voter may request a ballot as follows:
(1) By telephone pursuant to all of the following procedures: subject to the following conditions:
(A)To request a party’s ballot by telephone, the voter shall provide to the elections official personal identifying information that matches the information contained on the voter’s affidavit of registration, including first and last name, home address, and date of birth. The voter’s signature shall not be required.
(B)
(A) A person shall not request a party’s ballot pursuant to this section using the name of, or on behalf of, another person.
(C)
(B) Prior to being asked for personal identifying information, a voter requesting a party’s ballot pursuant to this section shall be advised as follows: “Only the registered voter themself may request a ballot from a political party. A request for a party’s ballot that is made by any person other than the voter is a
criminal offense.”
(C) The voter’s signature shall not be required.
(2) On an application over the internet if available. The voter’s signature shall not be required.
(3) By a written statement application submitted in person, or by mail, email, or facsimile transmission.
(4) By text message to the appropriate elections official, if the county has established a system for processing such a request. The voter’s signature
shall not be required.
(d) A voter who has declined to disclose a political party preference and who has received a nonpartisan vote by mail ballot may return their unvoted ballot to the county elections official and request and receive a vote by mail ballot, or appear to vote in person and receive a ballot, for a political party if the political party has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election.
(e) The Secretary of State shall prepare and distribute to county elections officials a uniform application format for a voter to request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.
