Bill Text: CA SB29 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vote by mail ballots and election result statements.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State. Chapter 618, Statutes of 2014. [SB29 Detail]

Download: California-2013-SB29-Amended.html

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BILL NUMBER: SB 29	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 11, 2014
	AMENDED IN ASSEMBLY  JUNE 27, 2013
	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  MARCH 6, 2013

INTRODUCED BY   Senator Correa
   (Coauthor: Senator Steinberg)
   (Coauthors: Assembly Members Fong and Lowenthal)

                        DECEMBER 3, 2012

   An act to amend Sections 3020, 3117, 4103, 15101, and 15372 of the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 29, as amended, Correa. Vote by mail ballots and election
result statements.
   (1) Existing law makes the vote by mail ballot available to any
registered voter, including military or overseas voters. Existing law
requires that those vote by mail ballots, including those vote by
mail ballots cast by military or overseas voters, be received by the
elections officials from whom they were obtained or by the precinct
boards before the polls close on election day in order to be counted.

   Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
   This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot, including any vote by mail ballot cast
by a military or overseas voter, is timely cast if it is received by
the voter's elections official  via the United States Postal
Service or a bona fide private mail delivery company  no later
than 3 days after election day, and either the ballot is postmarked
on or before election day or is time stamped or date stamped by a
bona fide private mail delivery company on or before election day or,
if the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
 is date stamped by the elections official upon receipt and 
is signed and dated  by the voter  on or before election
day.
   Because the bill would expand the duties of local elections
officials, it would impose a state-mandated local program.
   (2) Existing law permits any jurisdiction in which vote by mail
ballots are cast to begin processing vote by mail ballot return
envelopes 29 days prior to election, and authorizes any jurisdiction
having the necessary computer capability to start processing vote by
mail ballots 7 business days prior to the election.
   This bill would instead authorize any jurisdiction having the
necessary computer capability to start processing vote by mail
ballots 10 business days prior to the election.
   (3) Existing law requires the elections official to prepare a
certified statement of the results of the election and submit it to
the governing body within 28 days of the election, except for
specified elections.
   This bill would instead require the elections official to submit
the certified statement of the results of the election to the
governing body within 30 days of the election.
   (4) 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 3020 of the Elections Code is amended to read:
   3020.  (a) All vote by mail ballots cast under this division shall
be received by the elections official from whom they were obtained
or by the precinct board no later than the close of the polls on
election day.
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is received by the
voter's elections official  via the United States Postal Service
or a bona fide private mail delivery company  no later than
three days after election day and either of the following is
satisfied:
   (1) The ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
 is date stamped by the elections official upon receipt of the
vote by mail ballot from the United States Postal Service or a bona
fide private mail delivery company, and  is signed and dated
pursuant to Section 3011 on or before election day.
  SEC. 2.  Section 3117 of the Elections Code is amended to read:
   3117.  A valid ballot cast shall be counted if it is received by
the elections official in accordance with Section 3020.
  SEC. 3.  Section 4103 of the Elections Code is amended to read:
   4103.  (a) Notwithstanding Section 3020, ballots cast under this
chapter shall be returned to the elections official from whom they
were obtained no later than 8 p.m. on election day.
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is received by the
voter's elections official  via the United States Postal Service
or a bona fide private mail delivery company no later than three
days after election day and either of the following is satisfied:
   (1) The ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
 is date stamped by the elections official upon receipt of the
vote by mail ballot from the United States Postal Service or a bona
fide private mail delivery company, and  is signed and dated
pursuant to Section 3011 on or before election day.
  SEC. 4.  Section 15101 of the Elections Code is amended to read:
   15101.  (a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope and updating voter history
records.
   (b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the 10th business day prior
to the election. Processing vote by mail ballots includes opening
vote by mail ballot return envelopes, removing ballots, duplicating
any damaged ballots, and preparing the ballots to be machine read, or
machine reading them, but under no circumstances may a vote count be
accessed or released until 8 p.m. on the day of the election. All
other jurisdictions shall start to process vote by mail ballots at 5
p.m. on the day before the election.
   (c) Results of any vote by mail ballot tabulation or count shall
not be released prior to the close of the polls on the day of the
election.
  SEC. 5.  Section 15372 of the Elections Code is amended to read:
   15372.  The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within 30 days of the election or, in the case of school district,
community college district, county board of education, or special
district elections conducted on the first Tuesday after the first
Monday in November of odd-numbered years, no later than the last
Monday before the last Friday of that month.
  SEC. 6.  Counties may continue to use envelopes and other official
election materials that do not take into account the provisions of
this act until the supply of those envelopes and other official
election materials is exhausted.
  SEC. 7.  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.