Today's Law As Amended


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AB-1417 Elections.(2013-2014)



As Amends the Law Today
As Amends the Law on Nov 25, 2013


SECTION 1.

 Section 303.3 of the Elections Code is amended to read:

303.3.
 “Remote accessible vote by mail  “Ballot marking  system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail  a  ballot for a voter with disabilities or a  military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be  and is not  connected to a voting system at any time.

SEC. 2.

 Section 3004 of the Elections Code is amended to read:

3004.
 A county elections official shall place a notice in an office within the county where applications are taken for federal passports or where military enlistments are received to inform potential military or overseas voters of their right to a vote by mail voter’s ballot and where to obtain registration materials and application forms.

SEC. 3.

 Section 3114 of the Elections Code is amended to read:

3114.
 (a) For an election for which this state has not received a waiver pursuant to the federal  Military and Overseas Voter Empowerment Act (52 (42  U.S.C. Sec. 20301 1973ff  et seq.), not sooner than 60 days but not later than 45 days before the election, the elections official shall transmit a ballot and balloting materials to each military or overseas voter who, who  by that date, date  submits a valid ballot application pursuant to Section 3102.
(b) If a valid ballot application from a military or overseas voter arrives after the 45th day before the election, the elections official charged with distributing a ballot and balloting materials to that voter shall transmit them to the voter as soon as practicable after the application arrives.

SEC. 4.

 Section 3122 of the Elections Code is amended to read:

3122.
 (a) If a military or overseas voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a military or overseas voter is eligible to vote, the mistake or omission does not invalidate the document. In a write-in ballot authorized by this chapter, if the intention of the voter is discernible under this state’s uniform definition of what constitutes a vote and the ballot is eligible to be counted pursuant to Sections 3019 and 3106, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
(b) An authentication, other than the declaration specified in Section 3106 or 3118 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

SEC. 5.

 Section 3201 of the Elections Code is amended to read:

3201.
 Any voter may apply for permanent vote by mail status. Application for permanent vote by mail status shall be made in accordance with Section 3001 or 3102. The voter shall complete an application, which shall be available from the county elections official, and which shall contain all of the following:
(a) The applicant’s name at length.
(b) The applicant’s residence address.
(c) The address where the ballot is to be mailed, if different from the place of residence.
(d) The signature of the applicant.

SEC. 6.

 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.
(b) In addition to processing applications in accordance with Chapter 1 (commencing with Section 3000), if it is determined that the applicant is a registered voter, the county elections official shall do the following:
(1) Place the voter’s name upon a list of those to whom a vote by mail ballot is sent each time there is an election within their precinct.
(2) Include in all vote by mail mailings to the voter an explanation of the vote by mail procedure and an explanation of Section 3206.
(3) Maintain a copy of the vote by mail ballot list on file open to public inspection for election and governmental purposes.

SEC. 7.

 Section 8147.5 is added to the Elections Code, to read:

8147.5.
 Not less than 73 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, ballot designations, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election.

SEC. 8.

 Section 10735 of the Elections Code is amended to read:

10735.
 (a) (1) In the case of a special election due to a catastrophe that causes a vacancy in at least 101 offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Speaker of the United States House of Representatives announces the vacancy.
(2) In the case of a special election due to a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Governor issues the proclamation calling the election to fill the vacancy.
(b) A vote by mail ballot cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3 in a special general election conducted pursuant to this chapter shall be postmarked not later than the date of the election, shall be received by the county elections official not later than 45 days after the date on which the elections official transmitted the ballot to the voter, and shall comply with all other relevant requirements of this code.
(c) Notwithstanding any other provision of law, any deadlines relating to canvassing, announcement of election results, or certification of election results may be extended for a reasonable period of time to facilitate the tabulating and processing of ballots cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3. An extension of a deadline pursuant to this section must be authorized by the Secretary of State.

SEC. 9.

 Section 13301 of the Elections Code is repealed.

SEC. 10.

 Section 13306 of the Elections Code is amended to read:

13306.
 Notwithstanding Sections 13300, 13303, and 13307, county voter information guides  sample ballots  and candidates’ statements need not be mailed to voters who registered after the 54th day before an election, but all of these voters shall receive polling place notices and state voter information guides.  ballot pamphlets.  A state voter information guide  ballot pamphlet  is not required to be mailed to a voter who registered after the 29th day before  prior to  an election. Each of these voters shall receive a notice in bold print that states: “Because you are a late registrant, you are not receiving a county voter information guide  sample ballot  or candidates’ statements.”

SEC. 11.

 Section 13309 of the Elections Code is amended to read:

13309.
 (a) Notwithstanding Section 13307, if a candidate alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the candidate shall submit to the local agency a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the fee in advance.
(b) The statement of financial worth required by this section shall be submitted by the candidate together with his or her candidate statement in accordance with the deadline specified in Section 13307. The statement of financial worth form shall be furnished by the local agency, and may include questions relating to the candidate’s employer, income, real estate holdings, tangible personal property, and financial obligations. The candidate shall certify the content of the statement as to its truth and correctness under penalty of perjury. The candidate shall also sign a release form of the candidate’s most recent federal income tax report.
(c) Upon receipt of a statement of financial worth, a determination shall be made by the local agency of whether or not the candidate is indigent. The local agency shall notify the candidate of its findings.
(d) If it is determined that the candidate is not indigent, the candidate shall, within three days of the notification, excluding Saturdays, Sundays, and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed, the local agency shall not be obligated to print and mail the statement.
(e) If the local agency determines that the candidate is indigent, the local agency shall print and mail the statement.
(f) Nothing in this section shall prohibit the local agency from billing the candidate his or her actual pro rata share of the cost after the election.

SEC. 12.

 Section 19206 of the Elections Code is amended to read:

19206.
 Except as authorized by Section 19209, both of the following apply: For the purpose of assistance in examining a voting system, the Secretary of State may employ expert electronic technicians or technician firms at a cost to be set by the Secretary of State. The compensation of the electronic technicians or technician firms shall be paid by the person or corporation submitting the machine or device. 
(a) If more than one voting system is used to count ballots, the names of candidates shall, insofar as possible, be placed on the primary voting system.
(b) The  If more than one voting system or a combination of a voting system and paper ballots is used to count ballots, a single ballot measure or the candidates for a single office may not be split between voting systems or between a voting system and paper ballots.  Secretary of State may require the person or corporation submitting the machine or device to deposit sufficient funds to guarantee the payment of the examination charges. The Secretary of State may deposit the funds in an appropriate treasury trust account and, within 30 days after his or her report of examination, draw a refund check to the credit of the person or corporation for any amount in excess of costs. 
SEC. 13.
 Section 12 of this bill shall become inoperative if (1) this bill and Senate Bill 360 are both enacted and become effective on or before January 1, 2014, and (2) Senate Bill 360 repeals and adds Section 19206 to the Elections Code.