Bill Text: CA AB681 | 2019-2020 | Regular Session | Amended
Bill Title: Elections: voter registration: partisan primary elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB681 Detail]
Download: California-2019-AB681-Amended.html
Amended
IN
Senate
September 06, 2019 |
Amended
IN
Senate
August 30, 2019 |
Amended
IN
Senate
June 25, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
March 26, 2019 |
Introduced by Assembly Member Gonzalez |
February 15, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2119.5 is added to the Elections Code, to read:2119.5.
(a) From the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration for a change of address within the same county, the county elections official shall accept a written request by a voter that contains all of the following:SEC. 2.
Section 2152 of the Elections Code is amended to read:2152.
(a) Whenever a voter has declined to disclose or has changed the voter’s political party preference prior to the close of registration for an election, the voter may either so disclose or have a change recorded by executing a new affidavit of registration and completing the prior registration portion of the affidavit.SEC. 3.
Chapter 0.5 (commencing with Section 3000) is added to Division 3 of the Elections Code, to read:CHAPTER 0.5. General Provisions
3000.
This division shall be liberally construed in favor of the vote by mail voter.3000.5.
Before each partisan primary election, in accordance with Section 13502, the county elections official shall send a notice with each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference.SEC. 4.
Section 3000 of the Elections Code is repealed.This division shall be liberally construed in favor of the vote by mail voter.
SEC. 5.
Section 3203 of the Elections Code is amended to read:3203.
(a) Upon receipt of an application for permanent vote by mail status, the county elections official shall process the application in the same manner as an application for a vote by mail ballot, or, in the case of an application made pursuant to Section 3102, in the same manner as an application for a special absent voter ballot or overseas ballot.SEC. 3.SEC. 6.
Section 3205 of the Elections Code is amended to read:3205.
Vote by mail ballots mailed to, and received from, voters on the permanent vote by mail voter list are subject to the same deadlines and shall be processed and counted in the same manner as all other vote by mail ballots.SEC. 7.
Section 4100 of the Elections Code is amended to read:4100.
Except as otherwise provided in this chapter, mail ballot elections shall be conducted in accordance with Chapter 1 (commencing with SectionSEC. 4.SEC. 8.
Section 12100 is added to the Elections Code, immediately preceding Section 12101, to read:12100.
(a) Between theSEC. 9.
Section 13102 of the Elections Code is amended to read:13102.
(a) All voting shall be by ballot. There shall be provided, at each polling place, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except that, for partisan primary elections, one form of ballot shall be provided for each qualified political party as well as one form of nonpartisan ballot, in accordance with subdivision (b).SEC. 5.SEC. 10.
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 a voter who has declined to disclose a political party preference may request the ballot of a political party if the party, by party rules duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote the ballot of the party at the next partisan primary election. The notice shall also contain the name of each political party that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming partisan primary election, and information on how a voter who has declined to disclose a political party preference may request a ballot of a political party that so permits, as described in Section 13503.(b)Any
(a)In addition to any other method permitted by law, a voter who has declined to disclose a political party preference may request a ballot for a political party that has, by party rule duly noticed to the Secretary of State, authorized a voter who has declined to disclose a political party preference to vote the party’s ballot at the next partisan primary election, as follows:
(1)
For a voter who has not requested to receive a vote by mail ballot for the election, the voter may request the ballot of the political party through one of the following methods:
(A)In a vote by mail application request pursuant
to subdivision (c) of Section 3006.
(B)Over the internet if available pursuant to Section 3007.7.
(C)By telephone pursuant to Section 3007.8.
(D)By email pursuant to subdivision (e).
(E)By facsimile transmission if permitted by the county elections official.
(2)For a voter who has requested to receive a vote by mail ballot for the election, the voter may request the ballot of the political party through one of the following methods:
(A)By telephone pursuant to Section 3007.8.
(B)By email pursuant to subdivision (e).
(C)By facsimile transmission if permitted by the county elections official.
(b)Except as required by subdivision (c) of Section 3006, a voter is not required to personally affix to a request made pursuant to subdivision (a) the address to which a vote by mail ballot is to be mailed or the name of the political party, and the voter is not required to sign the request.
(c)A person shall not request a ballot pursuant to this section using the name of, or on behalf of, another person.
(d)Prior to being asked for personal identifying information by telephone, a voter requesting the ballot of a political party pursuant
to this section shall be advised as specified in subdivision (d) of Section 3007.8.
(e)A county elections official shall accept a request for the ballot of a political party submitted by email in accordance with this section. To apply by email, the voter shall provide to the county 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. Upon receiving an email request, the county elections official shall confirm receipt, and shall advise the voter requesting a ballot by email as follows: “Only the registered voter themself may request a ballot for a particular political party for the primary election. An application for a vote by mail ballot that is made by any person other than the registered voter is
a criminal offense.” Except as otherwise provided in this section, all provisions of this code governing written applications for vote by mail voters’ ballots shall apply to requests for the ballot of a political party made by email pursuant to this section.