Today's Law As Amended


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AB-1836 Vote by mail ballots.(2013-2014)



As Amends the Law Today


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) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(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 his or her own handwriting in order for the ballot to be counted.
(8) 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) The name and residence address  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.
(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 paragraphs (9) to (11), inclusive, of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope his or her name, relationship to the voter, or signature.

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 a member of a precinct board at a polling place within the jurisdiction. However, a vote by mail voter who 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 a 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) (b)  Return the ballot by mail or in person to the elections official who issued the ballot. The elections official shall establish procedures to ensure the secrecy of a 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. 
(B) (c)  Return (1)   the ballot in person to a member of a precinct board at a polling place or vote center within the state. The elections official shall provide each polling place with a blank roster for recording the following information from each person returning a vote by mail ballot:  
(C) (A)  Return the ballot to a  The name of the  vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. voter.  
(2) (B)  A vote by mail voter who is unable  The name of the person authorized by the voter  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. vote by mail ballot.  
(C) The signature of the person authorized by the voter to return the vote by mail ballot.
(D) The residence address of the person authorized by the voter to return the vote by mail ballot.
(E) The relationship to the voter of the person authorized to return the vote by mail ballot.
(3) (2)  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  Before returning  a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a  to an elections official or a member of a precinct board, the voter or person authorized by the voter to return the ballot shall have filled in the information required by this subdivision, and the person authorized by the voter to return the  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  shall present proof of his or her identity and residency, which shall match his or her name and residence address printed on the identification envelope. For purposes of this paragraph, proof of identity and residency shall consist of a current and valid photographic identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the person. If a person is unable to present proof of his or her identity or residency, the elections official or precinct board member shall contact the voter to verify that the person is authorized to return the voter’s  vote by mail ballot is returned shall forward the ballot to  ballot. The voter’s vote by mail ballot shall not be counted unless the person returning the ballot presents proof of identity and residency or  the elections official who issued the ballot no later than eight days after receipt. or precinct board member verifies that the person is authorized to return the ballot.  
(b) (3)  The elections official shall establish procedures to ensure the secrecy of a ballot returned to a polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. roster shall be preserved with other elections documents.  
(c) (d)  On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots 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 vote by mail ballot was received.
(d) (e)  The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (f)  (1) Notwithstanding  A person designated to return   subdivision (a),  a 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 a paid or volunteer worker of a 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 does 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.