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AB-16 Vote by mail ballots: processing.(2025-2026)

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Date Published: 12/02/2024 09:00 PM
AB16:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 16

Introduced by Assembly Member Alanis

December 02, 2024

An act to amend Sections 15101 and 15104 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 16, as introduced, Alanis. Vote by mail ballots: processing.
Existing law authorizes a jurisdiction to begin processing vote by mail ballot return envelopes and, if the jurisdiction has the necessary computer capability, vote by mail ballots 29 days before an election.
This bill would instead require elections officials to begin processing vote by mail ballot return envelopes and vote by mail ballots on the date on which the ballots are mailed. By requiring local elections officials to begin processing vote by mail ballot return envelopes and vote by mail ballots at an earlier time, 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 15101 of the Elections Code is amended to read:

15101.
 (a) Any jurisdiction in which vote by mail ballots are cast may An elections official shall begin to process vote by mail ballot return envelopes beginning and vote by mail ballots on the date on which the ballots are mailed, which shall not be later than 29 days before the election. Processing
(b) (1) Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope pursuant to Section 3019 and updating voter history records.

(b)

(2) Any jurisdiction having the necessary computer capability may start to process vote by mail ballots on the 29th day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election. All other jurisdictions shall start to process vote by mail ballots at 5 p.m. on the day before the election.
(c) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election.

SEC. 2.

 Section 15104 of the Elections Code is amended to read:

15104.
 (a) The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both prior to and after the election.
(b) A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots.
(c) The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted.
(d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following:
(1) Verifying signatures on the vote by mail ballot return envelopes by comparing them to voter registration information.
(2) Duplicating accurately damaged or defective ballots.
(3) Securing vote by mail ballots to prevent tampering with them before they are counted on election day. counted.
(e) A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.

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.