Bill Text: CA SB406 | 2025-2026 | Regular Session | Introduced

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Bill Title: Elections: ballot submission deadline.

Sponsorship: Partisan Bill (Republican 9)

Status: (Failed) 2026-02-02 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB406 Detail]

Download: California-2025-SB406-Introduced.html

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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 406

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Introduced by Senator Choi
(Coauthors: Senators Alvarado-Gil, Grove, Jones, Niello, and Seyarto)
(Coauthors: Assembly Members Castillo, DeMaio, and Essayli)

February 14, 2025

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

LEGISLATIVE COUNSEL'S DIGEST

SB 406, as introduced, Choi. Elections: ballot submission deadline.

Under existing law, a vote-by-mail ballot is timely cast if it is postmarked or otherwise time-stamped on or before election day and received in the mail no later than 7 days after election day.

This bill would instead require a vote-by-mail ballot to be returned to the applicable elections official no later than the close of the polls on election day, except that the bill would require a vote-by-mail ballot cast by a military or overseas voter to be counted if it is postmarked on or before election day and received no later than 7 days after election day.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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 chapter 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 seven 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, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day.

(2)If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, 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.

(c)For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.

SEC. 2.

 Section 3117 of the Elections Code is amended to read:

3117.

 A valid ballot cast pursuant to this chapter shall be counted if it is postmarked on or before election day and received by the elections official in accordance with Section 3020. no later than seven days after election day.

SEC. 3.

 Section 4103 of the Elections Code is amended to read:

4103.

 (a) Notwithstanding Section 3020, ballots Ballots cast under this chapter shall be returned to the elections official from whom they were obtained no later than 8 p.m. the close of polls 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.

(c)For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.

(b) Notwithstanding subdivision (a), a ballot cast by a military or overseas voter shall be counted if it is postmarked on or before election day and received by the elections official no later than seven days after election day.