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AB-363 Elections: vote by mail ballots.(2019-2020)

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Date Published: 04/02/2019 09:00 PM
AB363:v97#DOCUMENT

Amended  IN  Assembly  April 02, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 363


Introduced by Assembly Member Gonzalez

February 04, 2019


An act to amend Section 3018 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 363, as amended, Gonzalez. Elections: vote by mail ballots.
Existing law provides procedures for a registered voter to apply for a vote by mail ballot. A voter using a vote by mail ballot may, prior to the close of the polls on election day, vote the ballot in person at the office of the elections official. The local elections official may also permit a voter using a vote by mail ballot to vote the ballot in person at satellite locations.
This bill would instead require local elections officials to permit a voter using a vote by mail ballot to vote the ballot in person at satellite locations. It locations and would require local elections officials to provide for at least one satellite location per 10,000 registered voters within the jurisdiction to be open, for a minimum of eight hours per day, on the Saturday, Sunday, and Monday preceding the election. election, as specified.
By imposing new duties on local elections officials, this 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 3018 of the Elections Code is amended to read:

3018.
 (a) A voter using a vote by mail ballot may, prior to the close of the polls on election day, vote the ballot at the office of the elections official or a satellite location. The voter shall vote the ballot in the presence of an officer of the elections official or in a voting booth, at the discretion of the elections official, but in no case may the voter’s vote be observed. Where direct recording electronic voting systems, as defined in subdivision (b) of Section 19271, are used the elections official shall provide sufficient direct recording electronic voting systems to include all ballot types in the election.
(b) For Except as provided in subdivision (c), for every 10,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the election, the local elections official shall provide for at least one satellite location to be open, for a minimum of eight hours per day, on the Saturday, Sunday, and Monday preceding the election, where a voter may cast a ballot in person. This subdivision shall not apply to jurisdictions conducting an all-mailed ballot election. election pursuant to Sections 4000, 4000.5, 4001.5, 4005, and 4007.
(c) For every 60,000 registered voters within a jurisdiction where a special election is held, as determined on the 88th day before the election, the local elections official shall provide for at least one satellite location to be open, for a minimum of eight hours per day, on the Saturday, Sunday, and Monday preceding the special election, where a voter may cast a ballot in person. If the jurisdiction is not wholly contained within a county, the county elections official shall make reasonable efforts to establish a satellite location within the jurisdiction where the special election is held. This subdivision shall not apply to jurisdictions conducting an all-mailed ballot election pursuant to Sections 4000, 4000.5, 4001.5, 4005, and 4007.

(c)

(d) Notice of the satellite locations shall be made by the elections official by the issuance of a general news release, issued not later than 14 days prior to voting at the satellite location, except that in a county with a declared emergency or disaster, notice shall be made not later than 48 hours prior to voting at the satellite location. The news release shall set forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will be open.
(3) A telephone number that voters may use to obtain information regarding vote by mail ballots and the satellite locations.

(d)

(e) Vote by mail ballots voted at a satellite location pursuant to this section shall be placed in a vote by mail voter identification envelope to be completed by the voter pursuant to Section 3011. However, if the elections official provides sufficient direct recording electronic voting systems such that all ballot types in the election may be cast, the vote by mail ballot may be cast on a direct recording electronic voting system.

SEC. 2.

 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.