Today's Law As Amended


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AB-1799 Voting: replacement ballots.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 3014 of the Elections Code is amended to read:

3014.
 (a)  The elections official shall provide send  a replacement vote by mail voter  ballot to any voter upon receipt of a replacement ballot request from the voter. Both of the following apply to a request made pursuant to this subdivision: who requests one and represents that he or she has failed to receive, lost, or destroyed his or her original ballot. 
(1) The voter making the request shall provide to the elections official personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last name, residence address, and date of birth.
(2) Prior to issuing a replacement ballot, the elections official shall advise the requester as follows: “Only the registered voter themself may request a replacement ballot. A request for a replacement ballot that is made by any person other than the registered voter is a criminal offense.”
(b) The elections official shall provide a replacement ballot to the voter’s representative upon receipt of a written request, on a form prescribed by the Secretary of State, signed by the voter under penalty of perjury, requesting that a ballot be provided to the voter’s representative. A ballot shall not be provided until both of the following occur:
(1) The elections official shall compare the signature on the written request with the signature or signatures in the voter’s record.
(2) The authorized representative shall sign an acknowledgment of receipt of the voter’s ballot.
(c) The voter shall mark the ballot, place it in the identification envelope, fill out and sign the identification envelope, and return the ballot pursuant to Section 3017. These ballots shall be processed and counted in the same manner as other vote by mail ballots.
(d)  The elections official shall keep a record of each vote by mail voter ballot sent to and received from a voter and shall verify, prior to counting issuing  any duplicate replacement  ballot, that the voter has not attempted to vote twice. If it is determined that a voter has attempted to vote twice, both ballots shall be void. already cast a ballot in the same election. If an original vote by mail ballot is received from a voter who has requested a replacement vote by mail ballot, that original ballot shall be held until such time as it can be determined that the voter does not intend to return the replacement ballot, after which time it can be processed and tallied pursuant to Chapter 2 (commencing with Section 15100) of Division 15. In no event may more than one ballot of a voter be processed and tallied in an election.