Bill Text: CA SB365 | 2015-2016 | Regular Session | Chaptered

California Senate Bill 365 (Prior Session Legislation)

Bill Title: Vote by mail ballot drop-off locations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 733, Statutes of 2015. [SB365 Detail]

Download: California-2015-SB365-Chaptered.html

BILL NUMBER: SB 365	CHAPTERED
	BILL TEXT

	CHAPTER  733
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2015
	APPROVED BY GOVERNOR  OCTOBER 10, 2015
	PASSED THE SENATE  JUNE 1, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	AMENDED IN SENATE  MAY 4, 2015

INTRODUCED BY   Senator Pavley

                        FEBRUARY 24, 2015

   An act to amend Section 3017 of, and to add Section 3025 to, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 365, Pavley.  Vote by mail ballot drop-off locations.
    Existing law provides that the Secretary of State is the chief
elections officer of the state and requires the Secretary of State to
administer the provisions of the Elections Code. Existing law
authorizes the Secretary of State to adopt regulations to ensure the
uniform application and administration of state election laws.
   Existing law sets forth procedures for processing vote by mail
ballots and requires that all vote by mail ballots cast be received
by the elections official or by the precinct board no later than the
close of polls on election day. Under existing law, a vote by mail
voter is required to return his or her voted vote by mail ballot
either by returning the ballot by mail or in person to the elections
official from whom it came or by returning the ballot in person to a
member of a precinct board at a polling place within the
jurisdiction.
   This bill would permit a vote by mail voter to return his or her
voted vote by mail ballot to the elections official from whom it came
at a vote by mail ballot drop-off location, as defined. The bill
would require the Secretary of State, on or before January 1, 2017,
to promulgate regulations establishing guidelines based on best
practices for security measures and procedures that a county
elections official may use if the county elections official
establishes one or more vote by mail ballot drop-off locations and
vote by mail ballot drop boxes, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3017 of the Elections Code is amended to read:
   3017.  (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came, (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction, or (3)
return the ballot to the elections official from whom it came at a
vote by mail ballot drop-off location, if provided pursuant to
Section 3025. However, a vote by mail voter who is unable to return
the ballot may designate his or her spouse, child, parent,
grandparent, grandchild, brother, sister, or a person residing in the
same household as the vote by mail voter to return the ballot to the
elections official from whom it came or to the precinct board at a
polling place within the jurisdiction. The ballot must, however, be
received by either the elections official from whom it came or the
precinct board before the close of the polls on election day.
   (b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.
   (c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
   (d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in
compliance with this section.
   (e) Notwithstanding subdivision (a), a vote by mail voter's ballot
shall not be returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any
other group or organization at whose behest the individual designated
to return the ballot is performing a service. However, this
subdivision does not apply to a candidate or a candidate's spouse.
  SEC. 2.  Section 3025 is added to the Elections Code, to read:
   3025.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Vote by mail ballot drop box" means a secure receptacle
established by a county or city and county elections official whereby
a voted vote by mail ballot may be returned to the elections
official from whom it was obtained.
   (2) "Vote by mail ballot drop-off location" means a location
consisting of a secured vote by mail ballot drop box at which a voted
vote by mail ballot may be returned to the elections official from
whom it was obtained.
   (b) On or before January 1, 2017, the Secretary of State shall
promulgate regulations establishing guidelines based on best
practices for security measures and procedures, including, but not
limited to, chain of custody, pick-up times, proper labeling, and
security of the vote by mail ballot drop boxes, that a county
elections official may use if the county elections official
establishes one or more vote by mail ballot drop-off locations.