Bill Text: CA AB1403 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military and overseas voters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-10-14 - Chaptered by Secretary of State - Chapter 797, Statutes of 2017. [AB1403 Detail]

Download: California-2017-AB1403-Amended.html

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Amended  IN  Assembly  April 18, 2017

Amended  IN  Assembly  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1403

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Introduced by Assembly Member Obernolte

February 17, 2017

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An act to amend Section 3106 of the Elections Code, relating to military and overseas voters.

LEGISLATIVE COUNSEL'S DIGEST

AB 1403, as amended, Obernolte. Military and overseas voters: return of ballot by email.

Existing law sets forth the procedures for military or overseas voters, as defined, to register to vote, to apply for voting ballots, and to vote. Existing law requires unvoted voting materials to be electronically transmitted to a military or overseas voter and authorizes a voter to return his or her vote by mail ballot by facsimile transmission.

This In addition to facsimile transmission, this bill would authorize a military or overseas voter to return his or her vote by mail ballot by email in addition to facsimile transmission. if the voter also sends the hard copy of his or her voted ballot by postal mail to the elections official. By imposing additional duties on elections officials, the bill would impose a state-mandated local program.

The bill would also require the Secretary of State to adopt and publish regulations that would protect against the unauthorized interception of ballot information, including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by email.

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  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 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 final date to make application for a vote by mail ballot, may return his or her ballot by email or facsimile transmission. To be counted, the For a ballot returned pursuant to this subdivision to be counted, the voter shall comply with all of the following:

(1) If a military or overseas voter submits a copy of his or her ballot by email, the voter shall send the hard copy of his or her voted ballot by postal mail to the voter’s elections official.

(2) A ballot returned by email or 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 email or facsimile transmission I have waived my right to have my ballot

kept ballot kept secret. Nevertheless, I understand that, as with any vote by mail

voter, mail voter, my signature, whether on this oath of voter form or my identification

envelope, identification envelope, will be permanently separated from my voted ballot to maintain

its 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 EMAIL OR FACSIMILE TRANSMISSION.” TRANSMISSION. A BALLOT RETURNED BY EMAIL CANNOT BE COUNTED UNLESS YOU SEND THE HARD COPY OF THE VOTED BALLOT TO YOUR ELECTIONS OFFICIAL BY POSTAL MAIL.”

(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 email or facsimile transmission.

(c) Upon receipt of a ballot returned by email or facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information of the ballot returned by email or facsimile transmission 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 his or her ballot by email or facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person person, if possible. A

(e) A military or overseas voter should return a ballot by email or facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day.

(f) The Secretary of State shall adopt and publish regulations that protect against the unauthorized interception of ballot information sent by email pursuant to subdivision (a), including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by email.

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.