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AB-775 Vote by mail ballots.(2017-2018)

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Date Published: 02/15/2017 09:00 PM
AB775:v99#DOCUMENT

Revised  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 775


Introduced by Assembly Member Harper
(Coauthors: Assembly Members Gallagher, Mathis, and Patterson)
(Coauthor: Senator Moorlach)

February 15, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


AB 775, as introduced, Harper. Vote by mail ballots.
Existing law requires that all vote by mail ballots cast 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 or no later than 8 p.m. on election day, as specified.
Notwithstanding this requirement, existing law provides that a vote by mail ballot is considered timely cast if it is received by the voter’s election official via the United States Postal Service or a bona fide private mail delivery company, as defined, no later than 3 days after election day if a specified requirement is met.
This bill would additionally require that a ballot delivered to the elections official by a bona fide private mail delivery company include documentation that the company received the ballot on or before election day.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.
(c) In addition to the requirements of subdivision (b), a ballot delivered to the elections official by a bona fide private mail delivery company shall include documentation that the company received the ballot on or before election day.

(c)

(d) 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 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.
(c) In addition to the requirements of subdivision (b), a ballot delivered to the elections official by a bona fide private mail delivery company shall include documentation that the company received the ballot on or before election day.

(c)

(d) 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.

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REVISIONS:
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