Bill Text: CA AB472 | 2013-2014 | Regular Session | Introduced
Bill Title: Vote by mail ballots: military or overseas voters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB472 Detail]
Download: California-2013-AB472-Introduced.html
BILL NUMBER: AB 472 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Patterson
FEBRUARY 19, 2013
An act to amend Section 3106 of, and to repeal and add Section
3117 of, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 472, as introduced, Patterson. Vote by mail ballots: military
or overseas voters.
Existing law requires that a vote by mail ballot be received by
the issuing elections official or the precinct board no later than
the close of polls on election day.
This bill would make an exception for military or overseas voters,
as defined, and would instead require that their vote by mail
ballots be postmarked on or before election day and received by their
elections officials not later than 10 days after election day.
Existing law permits a military or overseas voter to return his or
her vote by mail ballot by facsimile transmission and requires the
ballot returned by facsimile transmission to be received no later
than the closing of the polls on election day. Existing law provides
that a military or overseas voter should return his or her ballot by
facsimile transmission only if doing so is necessary for the ballot
to be received before the closing of the polls on election day.
This bill would instead provide that a military or overseas voter
should return his or her ballot by facsimile transmission only if
doing so is necessary for the ballot to be timely cast.
Because the bill would impose additional duties on local elections
officials, it 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 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 3106 of the Elections Code is amended to read:
3106. (a) A military or overseas voter who is living outside of
the territorial limits of the United States or the District of
Columbia, or is called for military service within the United States
on or after the final date to make application for a vote by mail
ballot, may return his or her ballot by facsimile transmission. To be
counted, the ballot returned by facsimile transmission shall be
received by the voter's elections official no later than the closing
of the polls on election day and shall be accompanied by an
identification envelope containing all of the information required by
Section 3011 and an oath of voter declaration in substantially the
following form:
OATH OF VOTER
I,_______, acknowledge that by returning my voted
ballot by facsimile transmission I have waived
my right to have my ballot
kept secret. Nevertheless, I understand that, as
with any vote by mail
voter, my signature, whether on this oath of
voter form or my identification
envelope, will be permanently separated from my
voted ballot to maintain
its secrecy at the outset of the tabulation
process and thereafter.
My residence address is________
(Street
____________________________.
Address) (City) (ZIP Code)
My current mailing address is________
(Street
___________________________.
Address) (City) (ZIP Code)
My email address is _________________. My
facsimile
transmission
number is _________________.
I am a resident of __________ County,
State of California, or am qualified
as an elector pursuant to paragraph (2) of
subdivision (b) of Section 321 of
the Elections Code and I have not applied, nor
intend to apply, for a vote by
mail ballot from any other jurisdiction for the
same election.
I declare under penalty of perjury under the
laws of the State of California that the
foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)______________________________________
voter (power of attorney cannot be
accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN
THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT
AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE
RETURNED
BY FACSIMILE TRANSMISSION.
(b) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration. The ballot shall
be duplicated and all materials preserved according to procedures set
forth in this code.
(d) Notwithstanding subdivision (a), a military or overseas voter
who is permitted to return his or her ballot by facsimile
transmission is, nonetheless, encouraged to return his or her ballot
by mail or in person if possible. A military or overseas voter should
return a ballot by facsimile transmission only if doing so is
necessary for the ballot to be received before the close of
polls on election day timely cast .
SEC. 2. Section 3117 of the Elections Code is repealed.
3117. A valid ballot cast shall be counted if it is received by
the elections official by the time the polls close on the day of the
election.
SEC. 3. Section 3117 is added to the Elections Code, to read:
3117. Notwithstanding Section 3020 or 4103, or any other
provision of law, a vote by mail ballot of a military or overseas
voter is timely cast and, if valid, shall be counted if the ballot is
postmarked on or before election day and received by the voter's
elections official not later than 10 days after election day.
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.
