Today's Law As Amended


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AB-2616 Elections: vote by mail ballots.(2009-2010)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The number of voters choosing to vote using a vote by mail ballot has increased from 23 percent of voters casting a vote by mail ballot in June 2000 to 57 percent in June 2010.
(b) Vote by mail voters currently do not enjoy rights provided to provisional voters who, by law, have the ability to find out after an election if their votes counted, and if not, why not.
(c) A voter’s signature changes over time, often because of age or illness, so a voter’s present-day signature may not match the signature from when he or she first registered to vote.
(d) Shifts in signatures over time may lead to legally eligible voters being disenfranchised and not having their votes counted.
(e) The technology used to allow provisional voters to find out after an election if their votes were counted can be used to allow vote by mail voters to do the same.

SEC. 2.

 Section 3017 of the Elections Code is amended to read:

3017.
 (a) (1)  All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any either  of the following: (1) return the ballot by mail or in person to the elections official from whom it came or (2) return the ballot in person to any member of a precinct board at any polling place within the jurisdiction. However, a vote by mail voter who, because of illness or other physical disability, is unable to return the ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at any polling place within the jurisdiction. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day. 
(A) Return the ballot by mail or in person to the elections official who issued the ballot.
(B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.
(C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.
(2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day.
(3) The ballot must be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure the secrecy of a any  ballot returned to a precinct  polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the  The  elections official shall establish procedures  permit a legally registered voter  to track and confirm the receipt of voted vote by mail ballots and to  ballots, and permit a vote by mail voter to find out whether his or her ballot was counted and if not, identify the reason why, and to  make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted obtain this same information regarding  vote by mail ballot was received. ballots. 
(d) The provisions of this section are mandatory, not directory, and a no  ballot shall not  be counted if it is not delivered in compliance with this section.
(e) (1) Notwithstanding  A person designated to return a   subdivision (a), no  vote by mail voter’s  ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis. be returned by any paid or volunteer worker of any general purpose committee, controlled committee, independent expenditure committee, political party, candidate’s campaign committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. However, this subdivision shall not apply to a candidate or a candidate’s spouse. 
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.
SEC. 3.
 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.