Today's Law As Amended


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SB-370 Elections: voting.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 2101 of the Elections Code is amended to read:

2101.
 (a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned  in prison or on parole or probation  for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned for the  “Conviction of a felony” for purposes of this section means  conviction of a felony, and at least 16 years of age. felony offense which results in incarceration in prison or parole or felony probation. 
(c) For purposes of this section, the following definitions apply: Commencing January 1, 2011, the chief elections official of each county shall upon notice of the clerk of the superior court cancel affidavits of registration of all persons who have been convicted of a felony as defined in subdivision (b). 
(1) “Imprisoned” means currently serving a state or federal prison term.
(2) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.

SEC. 2.

 Section 3011 of the Elections Code is amended to read:

3011.
 (a) The identification envelope shall contain all of the following: following information: 
(1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter  he or she  is voting and is the person whose name appears on the envelope.
(2) The signature of the voter. voter and 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. The signature and numeric identifying information must be verified as consistent with the voter’s state or federal records, prior to counting the ballot. 
(3) The residence address of the voter as shown on the affidavit of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. board if the signature and numeric identifying information are verified. 
(6) A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s  his or her  own handwriting in order for the ballot to be counted.
(8) A statement that the voter has neither voted applied,  nor intends to vote a  apply, for a vote by mail voter’s  ballot from any other jurisdiction for the same election.
(9) The name and signature  of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by mail ballot.
(12) A security flap or sleeve to conceal the voter’s signature and identifying information during mailing.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail  voter’s party preference affiliation  may not be stamped or printed on the identification envelope.
(c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature.
(d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision.

SEC. 3.

 Section 3020.5 is added to the Elections Code, to read:

3020.5.
 Notwithstanding Section 3020, 3311, or Section 4103, or any other provision of law, a vote by mail ballot of a member of the United States Armed Forces who is an “absent uniformed services voter” as defined in subsection (1) of Section 1973ff-6 of Title 42 of the United States Code shall be timely cast if postmarked or signed and dated by election day and received by the voter’s elections official no later than 21 days after election day.

SEC. 5.SEC. 4.

 Section 4103 of the Elections Code is amended to read:

4103.
 Notwithstanding subdivision  (a) Notwithstanding   of  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) 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. 5.

 Section 14216.5 is added to the Elections Code, to read:

14216.5.
 (a) Prior to receiving a ballot, a voter shall present to a member of the precinct board proof of identification that satisfies all of the following requirements:
(1) The document shows the name of the individual to whom the document was issued, and the name conforms to the name in the individual’s voter registration record.
(2) The document shows a photograph of the individual presenting the identification.
(3) The document includes an expiration date, and the document is not expired at the time of voting or expired less than two years prior to the election.
(4) The document was issued by the United States or the State of California or is a valid tribal member identification card issued by an Indian tribe recognized by the United States government.
(b) If a voter is unable to, or refuses to, provide proof of identification pursuant to subdivision (a), he or she may execute a declaration, certified to be correct under penalty of perjury, declaring that he or she is registered to vote. Upon execution of the declaration, the voter shall be issued a provisional ballot pursuant to Section 14310 and an envelope to be completed in the same manner as a vote by mail envelope.

SEC. 6.

 Section 14902.5 is added to the Vehicle Code, to read:

14902.5.
 The fee for an original or replacement identification card shall be waived for a person who requests the identification card for purposes of satisfying the requirement of Section 14216.5 of the Elections Code.
SEC. 8.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.