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AB-985 Elections: voter identification.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB985:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 985


Introduced by Assembly Member Travis Allen
(Coauthor: Assembly Member Harper)

February 16, 2017


An act to add Section 14216.3 to amend Section 3011 of, and to add Sections 3019.2 and 14216.3 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 985, as amended, Travis Allen. Elections: voter identification.
Existing law requires that the identification envelope that for returning a vote by mail ballot contain specified information, including the signature of the voter. Existing law requires the elections official, upon receipt of a vote by mail ballot, to compare the signature on the identification envelope with specified voter records. If the elections official determines that the signatures do not compare, existing law prohibits the ballot from being counted.
This bill would additionally require that the identification envelope include the last 4 digits of the voter’s California driver’s license or identification card number or, if unavailable, the last 4 digits of the voter’s social security number. The bill would also require the identification envelope to contain a security flap to conceal the voter’s information during mailing. The bill would require the elections official to verify the accuracy of the voter’s numeric identifying information. If the numeric identifying information cannot be verified, the bill would prohibit counting the ballot.
Existing law requires polling places to be open from 7 a.m. to 8 p.m. on election day and requires that voting commence as soon as polls are opened. Existing law requires a person desiring to vote to audibly announce his or her name and address, and requires a precinct board member to audibly repeat the voter’s name and address after finding the voters name in the index of voter registration. Existing law then requires the voter to write his or her name and residence address on a roster of voters, except as specified.
This bill would also require a voter to provide photographic identification at the polling place before receiving a ballot. The bill would specify the forms of photographic identification that are acceptable and would authorize the use of a photographic identification that has been expired for less than one year. The bill would require a precinct board to provide a voter who is unable to provide an acceptable form of photographic identification, and would require a voter who is provided a provisional ballot for this reason to present photographic identification to the elections official in order to have his or her provisional ballot counted. The bill would require that a voter be provided a free registered voter identification card that contains a photograph of the voter if the voter does not have an acceptable form of photographic identification. By
By expanding the duties of precinct board members and local elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3011 of the Elections Code is amended to read:

3011.
 (a) The identification envelope shall contain all of the following:
(1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit of registration.
(4) The date of signing.
(5) The last four digits of the voter’s California driver’s license number or California identification card number, or, if the voter has neither, the last four digits of the voter’s social security number.
(6) A security flap or sleeve to conceal the voter’s signature and identifying information during mailing.

(5)

(7) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. board if the voter’s signature and identifying information on the envelope are verified.

(6)

(8) A warning plainly stamped or printed on it that voting twice constitutes a crime.

(7)

(9) A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.

(8)

(10) A statement that the voter has neither applied, nor intends to apply, for a vote by mail voter’s ballot from any other jurisdiction for the same election.

(9)

(11) The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.

(10)

(12) The relationship to the voter of the person authorized to return the vote by mail ballot.

(11)

(13) The signature of the person authorized to return the vote by mail ballot.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voter’s party preference may not be stamped or printed on the identification envelope.

SEC. 2.

 Section 3019.2 is added to the Elections Code, to read:

3019.2.
 Upon receipt of a vote by mail ballot, the elections official shall verify that the numeric identifying information provided pursuant to paragraph (5) of subdivision (a) of Section 3011 is consistent with the voter’s state or federal records. If the numeric identifying information is not consistent, the identification envelope shall not be opened and the ballot shall not be counted.

SECTION 1.SEC. 3.

 Section 14216.3 is added to the Elections Code, to read:

14216.3.
 (a) In addition to Section 14216, a person desiring to vote at a polling place shall present one of the following forms of identification to a member of the precinct board before receiving a ballot:
(1) A valid California driver’s license.
(2) A valid California identification card.
(3) Any other form of photographic identification issued by the state or its political subdivisions.
(4) A valid United States passport.
(5) A valid tribal enrollment card containing a photograph of the voter.
(6) A valid student identification card containing a photograph of the voter that is issued by an institution of higher education in the state.
(7) A valid pupil identification card containing a photograph of the voter that is issued by a public or private school in the state.
(8) A valid employee identification card containing a photograph of the voter that is issued by the voter’s employer in the ordinary course of the employer’s business.
(b) A voter who presents one of the forms of identification specified in subdivision (a) that has been expired for less than one year shall receive a ballot.
(c) If a voter is unable to present one of the forms of identification specified in subdivision (a) to a precinct board member, the precinct board shall furnish the voter with a provisional ballot, in accordance with Section 14310. If a voter is issued a provisional ballot pursuant to this subdivision, the voter must present one of the forms of identification specified in subdivision (a) to the elections official in order for the voter’s provisional ballot to be counted.
(d) A voter who does not have one of the forms of identification described in subdivision (a) shall be provided a free registered voter identification card that contains a photograph of the voter.

SEC. 2.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.