Bill Text: CA AB293 | 2011-2012 | Regular Session | Enrolled
Bill Title: Vote by mail ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2011-09-06 - Vetoed by Governor. [AB293 Detail]
Download: California-2011-AB293-Enrolled.html
BILL NUMBER: AB 293 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2011
PASSED THE ASSEMBLY APRIL 11, 2011
INTRODUCED BY Assembly Member Hill
FEBRUARY 9, 2011
An act to amend Section 3019 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 293, Hill. Vote by mail ballots.
Existing law sets forth procedures for voting by mail and requires
the local elections official to compare the signature on a vote by
mail ballot received with the voter's signature that appears on the
affidavit of registration. Existing law requires the elections
official to establish procedures to track and confirm the receipt of
vote by mail ballots that are voted and to make that information
available by means of online access using the county's elections
division Internet Web site, or, if it has no Internet Web site, then
by toll-free telephone number that may be used to confirm the date
the ballot was received.
This bill would require the local elections official to establish
a free access system by which a vote by mail voter may find out
whether his or her ballot was counted and, if not, the reason why it
was not counted, thereby imposing 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3019 of the Elections Code is amended to read:
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as those on the affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
The elections official shall establish a free access system that
allows a vote by mail voter to find out whether his or her vote by
mail ballot was counted and, if not, the reason why the ballot was
not counted.
SEC. 2. 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.
