AB1660:v98#DOCUMENTBill Start
Amended
IN
Assembly
April 21, 2022
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CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1660
Introduced by Assembly Member Nguyen
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January 18, 2022 |
An act to add Section 3018.5 to the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, as amended, Nguyen.
Elections: vote by mail ballots: notifications.
Existing law establishes procedures for voting by mail. Existing law permits a vote by mail voter to vote in person at the voter’s home precinct or at another voter location, as specified, under certain conditions.
This bill would require an elections official to inspect a vote by mail ballot envelope for signs of tampering damage and, if any are found, notify the voter within seven business days. mail notice to the voter on or before the next business day, but not later than 8 days before
certification of the election. The bill would allow a voter whose vote by mail ballot envelope shows signs of tampering damage to elect to receive a new vote by mail ballot or to vote in person at the voter’s home precinct or at another voter location, as specified. The bill would prohibit an elections official from processing a vote by mail ballot that arrives in an envelope that shows signs of tampering. damage.
By increasing the duties of local elections officials, the 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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3018.5 is added to the Elections Code, to read:3018.5.
(a) (1) Upon receiving a vote by mail ballot, the elections official official, while in the process of verifying the voter’s signature on a vote by mail ballot envelope, shall examine the envelope for signs of tampering. Ifdamage,
including, but not limited to, significant rips, tears, or attempts to unseal, open, or reseal the vote by mail envelope. (2) If the elections official determines that the envelope shows signs of tampering,
damage, the elections official shall notify the voter within seven business days. send notice to the voter by first class mail on or before the next business day, but not later than eight days before the certification of the election. The notice shall explain that the damaged ballot will not be processed and that the voter may vote a new ballot pursuant to subdivision (b).
(b) A vote by mail voter whose envelope shows signs of tampering damage shall have the option to receive and submit a new
vote by mail ballot, or to vote a nonprovisional ballot in person at the polling place designated for the voter’s home precinct on or before election day, at a vote center established pursuant to Section 4005, or at the office or satellite office of an elections official where voting is permitted.
(c) The elections official shall not process a ballot that arrives in an envelope that shows signs of tampering.
damage, including, but not limited to, significant rips, tears, or attempts to unseal, open, or reseal the vote by mail envelope.
SEC. 2.
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.