Bill Text: CA AB13 | 2023-2024 | Regular Session | Amended
Bill Title: Elections: Election Day holiday: voting by mail.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Failed) 2023-03-20 - From committee: Without further action pursuant to Joint Rule 62(a). [AB13 Detail]
Download: California-2023-AB13-Amended.html
|
Amended
IN
Assembly
January 26, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 13
| Introduced by Assembly Member Essayli (Coauthors: Assembly Members Megan Dahle, Davies, Dixon, Flora, Joe Patterson, Sanchez, and Waldron) |
December 05, 2022 |
An act to amend Section 7.1 of the Civil Code, to amend Sections 1100, 2170, 3001, 3011, 3015, 3016, 3017, 3020, 3102, 3106, 3110, 3111, 3116.5, 12283, and 14212 of, to add Sections 3006 and 3007 to, to add Chapter 3 (commencing with Section 3200) to Division 3 of, and to repeal Sections 357.5, 3000.5, 3016, 3016.7, 3025.5, 3025.7, 4005, 4005.5, 4005.7, 4006, and 4007 of, the Elections Code, and to amend Sections 6700, 19853, and 19853.1 of the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 13, as amended, Essayli.
Elections: Election Day holiday: voting by mail.
(1) Existing law requires the statewide general election to be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law designates specific days as holidays in this state.
This bill would add the first Tuesday after the first Monday in November of any even-numbered year to the list of state holidays. By increasing the duties of local officials in connection with the creation of a new state holiday, this bill would create a state-mandated local program.
(2) Existing law requires county elections officials to mail a ballot to every registered voter for all elections, as provided. Existing law authorizes any county to conduct an all-mailed ballot election if certain requirements are met. Existing law also authorizes
military and overseas voters to vote by mail.
This bill would repeal the provisions requiring county elections officials to mail a ballot to every registered voter and authorizing a county to conduct an all-mailed ballot election. The bill would instead authorize a voter who is not a military or overseas voter to request a vote by mail ballot only if the voter has an illness or disability that prevents the voter from going to the polls on the date of the election. To receive a vote by mail ballot, a voter who has an illness or disability would be required to submit an application, signed under penalty of perjury, that is received by the county elections official at least 7 days before the date of the election. By expanding the scope of the crime of perjury, the bill would create a state-mandated local program.
to request a vote by mail ballot for any election, as specified. The bill would also authorize a voter to apply to become a permanent vote by mail voter, in which case the voter would receive a vote by mail ballot for every election.
(3) Existing law authorizes a voter who is unable to return their ballot to designate any other person to return the ballot, as specified.
This bill would restrict the persons a voter may authorize to return the voter’s ballot to only the voter’s spouse, child, parent, grandparent, grandchild, sibling, or a person residing in the same household as the voter.
(4) Under existing law, a ballot is timely cast if it is received by the elections official no later than 7 days after election day and postmarked on or before election day.
This bill would reduce the deadline for receiving a ballot to 3 days after election day.
(5) This bill would make various conforming and clarifying changes.
(6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7.1 of the Civil Code is amended to read:7.1.
Optional bank holidays within the meaning of Section 9 are all of the following:(a) Any closing of a bank because of an extraordinary situation, as that term is defined in the Bank Extraordinary Situation Closing Act (Chapter 4.5 (commencing with Section 1090) of Division 1.1 of the Financial Code).
(b) Every Saturday.
(c) Every Sunday.
(d) January 1.
(e) The third Monday in January, known as “Dr. Martin Luther King,
Jr. Day.”
(f) February 12, known as “Lincoln Day.”
(g) The third Monday in February.
(h) The last Monday in May.
(i) July 4.
(j) The first Monday in September.
(k) September 9, known as “Admission Day.”
(l) The second Monday in October, known as “Columbus Day.”
(m) The first Tuesday after the first Monday in November in any even-numbered year.
(n) November 11, known as “Veterans Day.”
(o) December 25.
(p) Good Friday from 12 p.m. until closing.
(q) The Thursday in November appointed as “Thanksgiving Day.”
(r) Any Monday following any Sunday on which January
1, February 12, July 4, September 9, November 11, or December 25 falls.
(s) Any Friday preceding any Saturday on which July 4, September 9, or December 25 falls.
SEC. 2.
Section 357.5 of the Elections Code is repealed.SEC. 3.
Section 1100 of the Elections Code is amended to read:1100.
No election shall be held on any day other than a Tuesday, nor shall any election be held on the day before, the day of, or the day after, a state holiday other than a statewide general election holiday as described in paragraph (16) of subdivision (a) of Section 6700 of the Government Code.SEC. 4.
Section 2170 of the Elections Code is amended to read:2170.
(a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution,
including military and overseas voters and voters with disabilities, may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by
the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
(d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures:
(1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent and satellite offices of the county elections official and all polling places in the county.
(2) The elections official shall advise registrants that
a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot.
(4) After receiving a conditional voter registration, the elections official shall process the registration, determine
the registrant’s eligibility to register, and attempt to validate the registrant’s information.
(5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass.
(e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot in accordance with the following procedures:
(1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the
elections office, satellite office, or polling place.
(2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the
location of the voter’s polling place. A voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2).
(f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following:
(1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot:
(A) Verify that the registrant is deemed eligible to register to vote.
(B) Verify that the
registrant has not voted in the state in that election.
(C) Update the voter’s record to indicate that the voter has voted in that election.
(2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.
(g) The Secretary of State may adopt emergency regulations to implement this section. The Legislature finds and declares that such regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are
held in a safe and accessible manner.
SEC. 5.
Section 3000.5 of the Elections Code is repealed.SEC. 6.
Section 3001 of the Elections Code is amended to read:3001.
(a) Except as provided in Chapter 3 (commencing with Section 3200), application for a vote by mail voter’s ballot shall be made in writing to the elections official having jurisdiction over the election between the 29th and the 7th day prior to the election. The application shall be signed by the applicant and shall show the applicant’s place of residence. Any applications received by the elections official prior to the 29th day shall be kept and processed during the application period. No
(b) No later than 29 days before the day of the election, the county elections official shall begin mailing the materials required by Section 3010 to qualified applicants for vote by mail ballots. ballots, including voters who are permanent vote by mail voters pursuant to Chapter 3 (commencing with Section 3200). The county elections official shall have five days to mail a ballot to each person who has requested a vote by mail ballot by the 29th day before the day of the election and five days for each voter who requests a vote by mail ballot after that date. The county elections official shall not
discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period.
(a)(1)Any voter who is unable to go to the polls because of illness or disability may submit an application for a vote by mail ballot from the county elections official.
(2)An application to request a vote by mail ballot because of illness or disability must be received by the elections official at least seven days before the date of the election.
(b)The application shall contain spaces for all of the following:
(1)The name and residence address of the registered voter as it appears on the affidavit of registration.
(2)The address to which the ballot is to be mailed.
(3)The name and date of the election for which the request is made.
(4)The date of birth of the registered voter.
(5)A statement that the voter has an illness or disability that prevents the voter from going to the polls on the date of the election.
(c)The application shall be attested to by the voter as to the truth and correctness of its content, and shall be signed under penalty of perjury.
(d)The Secretary of State shall prepare and distribute to county elections officials a uniform application for a vote by mail ballot.
(e)A printed vote by mail ballot application that
allows a voter to submit the application by mail shall inform the voter of the address for the county elections official and specify that address as the only appropriate destination address for mailing the application.
SEC. 7.
Section 3006 is added to the Elections Code, to read:3006.
The Secretary of State shall prepare a uniform printed application format and a uniform electronic application format and make them available to county elections officials.SEC. 8.
Section 3007 is added to the Elections Code, to read:3007.
(a) Upon receipt of any vote by mail ballot application(b) If the elections official deems the applicant entitled to a vote by mail voter’s ballot, the elections official shall deliver a vote by mail
ballot to the voter by mail or in person. The ballot may be delivered to the applicant or the applicant’s spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicant’s spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and the person’s relationship to the applicant and affirms that the person is 16 years of age or older and is authorized by the applicant to receive the vote by mail ballot.
SEC. 9.
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 the voter 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 the voter’s 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 ballot from any other jurisdiction for the same election.
(9) The name, signature, and relationship to the voter of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference 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. 10.
Section 3015 of the Elections Code is amended to read:3015.
(a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day or go to the office or satellite office of an elections official where voting is permitted shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied:(1) They surrender their vote by mail voter ballots to the inspector of the precinct board or the elections official.
(2) They are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board or elections official
does all of the following:
(A) Verifies that they have not returned their vote by mail ballots.
(B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls.
(b) The precinct board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose.
SEC. 11.
Section 3016 of the Elections Code is amended to read:3016.
Vote by mail voters who return to the polling place designated for their home precincts on or before electionSEC. 12.
Section 3016.7 of the Elections Code is repealed.SEC. 13.
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 may(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 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.
(2) A vote by mail voter who is unable to return the ballot may designate the voter’s spouse, child, parent, grandparent, grandchild, sibling, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025. 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 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 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.
(c) 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 website. If the county does not have an elections division internet website, 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) 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) (1) A person designated to return a vote by mail 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.
(2) For purposes of this subdivision, “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. 14.
Section 3020 of the Elections Code is amended to read:3020.
(a) All vote by mail ballots cast under this division shall be received by the elections official from whom they were obtained or by the precinct board no later than the close of the polls on election day.(b) Notwithstanding subdivision (a), any vote by mail ballot cast under this division 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, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day.
(2) If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, 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. 15.
Section 3025.5 of the Elections Code is repealed.SEC. 16.
Section 3025.7 of the Elections Code is repealed.SEC. 17.
Section 3102 of the Elections Code is amended to read:3102.
(a) Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall have the right to register for, and to vote by a vote by mail ballot in, any election within the state, including any general, special, or primary election for any federal or statewide office or state ballot measure that is voted on statewide. Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall also have the right to register for, and to vote by a vote by mail ballot in, any other election for any office or ballot measure held in the precinct in which the voter was a resident when the voter was last living within the territorial limits of the United States or the District of Columbia, or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, in any precinct of the state in which the voter’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia.(b) When a military or overseas voter applies for a vote by mail ballot, the application shall be deemed to be an affidavit of registration. The application shall be completed by the voter and shall contain the voter’s name; the voter’s date of birth; the address of the voter’s residence in the state when the voter was last living within the territorial limits of the United States or the District of Columbia or, if qualified as a military or overseas voter pursuant to paragraph (2) of subdivision (b) of Section 321, the address of
the voter’s parent or legal guardian when the parent or legal guardian was last living within the territorial limits of the United States or the District of Columbia; the address to which the ballot is to be sent; the voter’s political party preference or a statement that the voter declines to disclose a political party preference; and the voter’s signature.
(c) If an elections official receives a completed federal postcard application from a person qualified as a military or overseas voter, the application shall be deemed to be an affidavit of
registration and an application for a vote by mail ballot.
(d) If the applicant is not a resident of the county to which the applicant has applied, the elections official receiving an application from a military or overseas voter shall forward it immediately to the county in which the applicant resided when the applicant was last living within the territorial limits of the United States or the District of Columbia or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia.
(e) An application made pursuant to this section that is
received by the elections official having jurisdiction over the election and deemed to be an affidavit of registration shall be effective only if it is postmarked on or before the 15th day prior to the election.
SEC. 18.
Section 3106 of the Elections Code is amended to read:3106.
(a) A military or overseas voter who is living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the seventh day prior to the date of the election, may return their ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall be accompanied by an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the following form:“OATH OF VOTER | |
I,, acknowledge that by returning my voted | |
| ballot by facsimile transmission I have waived my right to have my ballot | |
| kept secret. Nevertheless, I understand that, as with any vote by mail | |
| voter, my signature, whether on this oath of voter form or my identification | |
| envelope, will be permanently separated from my voted ballot to maintain | |
| its secrecy at the outset of the tabulation process and thereafter. | |
My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code). | |
My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code). | |
My email address is _________________. My facsimile transmission number is _________________. | |
I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election. | |
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. | |
Dated this __________ day of ______, 20_____. | |
(Signature) | |
(voter)(power of attorney cannot be accepted) | |
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.” |
(b) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a ballot returned by facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information with the signature on the voter’s affidavit of registration or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code.
(d) Notwithstanding subdivision (a), a military or
overseas voter who is permitted to return their ballot by facsimile transmission is, nonetheless, encouraged to return their ballot by mail or in person if possible. A military or overseas voter should return a ballot by facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day.
SEC. 19.
Section 3110 of the Elections Code is amended to read:3110.
If any military or overseas voter returns to the county of their residence, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia, after the seventh day prior to the date of the election, they may appear before the elections official and make application for registration, a vote by mail ballot, or both. The elections official shall register the voter, if the voter is not registered, and deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots.SEC. 20.
Section 3111 of the Elections Code is amended to read:3111.
If a military or overseas voter is unable to appear at their polling place because of being recalled to service after the seventh day prior to the date of the election, but before 5 p.m. on the day before the day of the election, they may appear before the elections official in the county in which the military or overseas voter is registered or, if within the state, in the county in which the voter is recalled to service and make application for a vote by mail ballot. The elections official shall deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots. To be counted, the ballot shall be returned to the elections official’s office in person, by facsimile transmission, or by an authorized person on or before the close of the polls on the day of the election. If the military or overseas voter appears in the county in which the voter is recalled to service, rather than the county to which the voter is registered, the elections official shall coordinate with the elections official in the county in which the military or overseas voter is registered to provide the ballot that contains the appropriate measures and races for the precinct in which the military or overseas voter is registered.SEC. 21.
Section 3116.5 of the Elections Code is amended to read:3116.5.
(a) A county elections official shall permit a military or overseas voter to cast a ballot using a certified remote accessible vote by mail system.(b) This section shall become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19, whichever is later.
SEC. 22.
Chapter 3 (commencing with Section 3200) is added to Division 3 of the Elections Code, to read:CHAPTER 3. Permanent Vote by Mail Application and Procedures
3200.
A voter who qualifies under this chapter shall be entitled to become a permanent vote by mail voter.3201.
Any voter may apply for permanent vote by mail status. Application for permanent vote by mail status shall be made in accordance with Section 3001 or 3102. The voter shall complete an application, which shall be available from the county elections official, and which shall contain all of the following:(a) The applicant’s name at length.
(b) The applicant’s residence address.
(c) The address where the ballot is to be mailed, if different from the place of residence.
(d) The signature of the applicant.
3202.
In lieu of executing the application set forth in Section 3201, any voter may execute a request for permanent vote by mail status by making a written request to the county elections official requesting the status. If a written request is received by the county elections official and it contains the information set forth in Section 3201, the elections official shall process that application in the manner provided in Section 3203.3203.
(a) Upon receipt of an application for permanent vote by mail status, the county elections official shall process the application in the same manner as an application for a vote by mail ballot.(b) In addition to processing applications in accordance with Chapter 1 (commencing with Section 3000), if it is determined that the applicant is a registered voter, the county elections official shall do the following:
(1) Place the voter’s name upon a list of those to whom a vote by mail ballot is sent each time there is an election within the voter’s precinct.
(2) Include in all vote by mail mailings to the voter an
explanation of the vote by mail procedure and an explanation of Section 3206.
(3) Maintain a copy of the vote by mail ballot list on file open to public inspection for election and governmental purposes.
3204.
The county elections official shall send a copy of the list of all voters who qualify as permanent vote by mail voters to each city elections official or district elections official charged with the duty of conducting an election within the county. The list shall be sent by the sixth day before an election.3205.
(a) Vote by mail ballots mailed to, and received from, voters on the permanent vote by mail voter list are subject to the same deadlines and shall be processed and counted in the same manner as all other vote by mail ballots.(b) Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a preference for a political party whose name appears on the permanent vote by mail voter list a notice and application regarding voting in the primary election. The notice shall inform the voter that the voter may request a vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary of State,
authorizing these voters to vote in their primary. The notice shall also contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. The application shall contain a checkoff box with a conspicuously printed statement that reads substantially similar to the following: “I have declined to disclose a preference for a qualified political party. However, for this primary election only, I request a vote by mail ballot for the ____ Party.” The name of the political party shall be personally affixed by the voter.
3206.
A voter whose name appears on the permanent vote by mail voter list shall remain on the list and shall be mailed a vote by mail ballot for each election conducted within the precinct in which the voter is eligible to vote. If the voter fails to return an executed vote by mail ballot in four consecutive statewide general elections, the voter’s name shall be deleted from the list.SEC. 22.SEC. 23.
Section 4005 of the Elections Code is repealed.SEC. 23.SEC. 24.
Section 4005.5 of the Elections Code is repealed.SEC. 24.SEC. 25.
Section 4005.6 of the Elections Code is repealed.SEC. 25.SEC. 26.
Section 4006 of the Elections Code is repealed.SEC. 26.SEC. 27.
Section 4007 of the Elections Code is repealed.SEC. 27.SEC. 28.
Section 12283 of the Elections Code is amended to read:12283.
(a) For purposes of this section, “public building” means a building owned or controlled by any of the following:(1) A local governmental agency, including a city or county.
(2) The University of California.
(3) The California State University.
(4) A community college district.
(b) (1) The governing body having jurisdiction over school buildings or other public buildings may authorize the use of its buildings for polling
places,
and it may also authorize the use of its buildings, without cost, for the storage of voting machines and other vote-tabulating devices.
(2) If a city or county elections official specifically requests the use of a school building or public building for polling places, the governing body having jurisdiction over the particular school building or public building shall allow its use for the purpose requested, except that the University of California is encouraged, but not required, to comply with a request made pursuant to this paragraph.
(3) When allowing use of a school building for polling places, the governing body may, but is not required to, do any of the following:
(A) Continue school in session,
if the governing body identifies to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places.
(B) Designate the day for staff training and development.
(C) Close the school to students and certificated employees.
(c) (1) An elections official requesting the use of a school building pursuant to subdivision (b) shall include in the official’s request a list of the schools from which the use of a building for polling places is needed. Requests must be made
within sufficient time in advance of the school year for the governing body to determine, on a school-by-school or districtwide basis, whether to keep the affected schools in session, designate the schoolday for staff training and development, or close the school to students and nonclassified employees before school calendars are printed and distributed to parents.
(2) An elections official requesting the use of a public building pursuant to subdivision (b) shall include in the official’s request a list of the buildings from which the use of a building for polling places is needed. Requests shall be made sufficiently before election day for the governing body of the city, county, or other local governmental agency to adequately plan for the public building’s use as a polling place.
(d) Once a governing body has approved the use of a school building or public building as a polling place, the governing body shall instruct the school district or other public administrator to provide the elections official a site with an adequate amount of space that will allow the precinct board to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and to make internet access available for use by local elections officials, if requested. Beginning 10 days before the election and continuing through election day, if requested by the elections official, the district administrator shall make building parking available at no charge to the precinct board and voters.
(e) A public building, including, but not limited to, a building operated by a school district, that is used as a
polling place shall comply with applicable accessibility requirements described in this article, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
SEC. 28.SEC. 29.
Section 14212 of the Elections Code is amended to read:14212.
The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the same day, when the polls shall be closed, except as provided in Section 14401.SEC. 29.SEC. 30.
Section 6700 of the Government Code is amended to read:6700.
(a) The holidays in this state are:(1) Every Sunday.
(2) January 1.
(3) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(4) The date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year.”
(5) February 12, known as “Lincoln Day.”
(6) The third Monday in February.
(7) March 31, known as “Cesar Chavez Day.”
(8) April 24, known as “Genocide Remembrance Day.”
(9) The last Monday in May.
(10) June 19, known as “Juneteenth.”
(11) July 4.
(12) The first Monday in September.
(13) September 9, known as “Admission Day.”
(14) The fourth Friday in September, known as “Native American Day.”
(15) The second Monday in October, known as “Columbus Day.”
(16) The first Tuesday after the first Monday in November in any even-numbered year.
(17) November 11, known as “Veterans Day.”
(18) December 25.
(19) Good Friday from 12 noon until 3 p.m.
(20) (A) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
(B) Except for the Thursday in November appointed as Thanksgiving Day, this paragraph and paragraphs (3), (4), and (7) shall not apply to a city, county, or
district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.
(b) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 30.SEC. 31.
Section 19853 of the Government Code is amended to read:19853.
(a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, the day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.(b) If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a
Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.
(c) Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and eight hours of holiday credit.
(d) For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime.
(e) Any state employee, as defined in
subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the date corresponding with the new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
(f) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
(g) If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to
Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 31.SEC. 32.
Section 19853.1 of the Government Code is amended to read:19853.1.
(a) Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5.(b) Except as provided in subdivision (c), all employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, the day after Thanksgiving, December 25, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.
If a day listed in this subdivision falls on a Sunday, the following Monday
shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. Any employee who may be required to work on any of the holidays included in this section and who does work on any of these holidays shall be entitled to be paid compensation or given compensating time off for that work in accordance with their classification’s assigned workweek group.
(c) If the provisions of subdivision (b) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless
approved by the Legislature in the annual Budget Act.
(d) Any employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, is entitled to the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
(1) January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25.
(2) When November
11 falls on a Saturday, employees shall be entitled to the preceding Friday as a holiday with pay.
(3) When a holiday, other than a personal holiday, falls on a Saturday, an employee shall, regardless of whether the employee works on the holiday, accrue only an additional eight hours of personal holiday credit per fiscal year for the holiday. The holiday credit shall be accrued on the actual date of the holiday and shall be used within the same fiscal year.
(4) When a holiday other than a personal holiday falls on Sunday, employees shall be entitled to the following Monday as a holiday with pay.
(5) Employees who are required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with
their classification’s assigned workweek group.
(6) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
(e) Any employee, as defined in subdivision (c) of Section 3513, may elect to use eight hours of vacation, annual leave, or compensating time off consistent with departmental operational needs and collective bargaining agreements for the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” and the fourth Friday in September, known as “Native American Day.”
(f) This section shall become effective with regard to the March 31 holiday only when the Department of Human Resources notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Human Resources authorizes this holiday to be applied to employees designated as excluded from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), and the necessary statutes are amended to reflect this change.
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.
