Today's Law As Amended

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AB-2054 Elections: vote by mail ballots.(2011-2012)



SECTION 1.

 Section 3017 of the Elections Code is amended to read:

3017.
 (a) (1) 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:
(A) Return the ballot by mail or in person to the elections official who issued the ballot.
(B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.
(C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.
(2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day.
(3) (a)  The ballot must  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 either of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot or (2) return the ballot in person to a member of a precinct board at a polling place within the state. However, a vote by mail voter who, because of illness or other physical disability, 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 who issued the ballot or to the precinct board at a polling place within the state. The ballot must, however,  be received by either  the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location  ballot or a precinct board  before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is  located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt. ballot. 
(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) (1) Notwithstanding  A person designated to return   subdivision (a),  a vote by mail voter’s  ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis. 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. 
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.

SEC. 1.5.

 Section 3017 of the Elections Code is amended to read:

3017.
 (a) (1) 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:
(A) Return the ballot by mail or in person to the elections official who issued the ballot.
(B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.
(C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.
(2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day.
(3) (a)  The ballot must  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 either of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot or (2) return the ballot in person to a member of a precinct board at a polling place within the state. 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 who issued the ballot or to the precinct board at a polling place within the state. The ballot must, however,  be received by either  the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location  ballot or a precinct board  before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is  located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt. ballot. 
(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) (1) Notwithstanding  A person designated to return   subdivision (a),  a vote by mail voter’s  ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis. 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. 
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.

SEC. 2.

 Section 15320 of the Elections Code is amended to read:

15320.
 Vote by mail ballots and mail ballot precinct ballots returned to the elections office and to the polls on or before  election day that are not included in the semifinal official canvass phase of the election, including any ballots returned to another jurisdiction in the state and forwarded to the elections official who issued the ballot  issuing jurisdiction  pursuant to Section 3017, shall be processed and counted during the official canvass in the manner prescribed by Chapter 2 (commencing with Section 15100) of Division 15, and pursuant to the requirements of Section 3019. 15100). 
SEC. 3.
 Section 1.5 of this bill incorporates amendments to Section 3017 of the Elections Code proposed by both this bill and Assembly Bill 2080. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2013, (2) each bill amends Section 3017 of the Elections Code, and (3) this bill is enacted after Assembly Bill 2080, in which case Section 1 of this bill shall not become operative.
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.