Assembly Bill No. 1403
CHAPTER 797

An act to amend Section 3108 of the Elections Code, relating to elections.

[ Approved by Governor  October 14, 2017. Filed with Secretary of State  October 14, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1403, Obernolte. Military and overseas voters.
Existing law authorizes a military or overseas voter to apply in person to the elections official for permission to register if he or she is released from service after the closing date of registration for an election, has returned to the county of his or her residence, and is not a registered voter, as specified.
This bill would additionally allow a military or overseas voter who is required to move under official active duty military orders after the closing date of registration to apply in person to his or her elections official for permission to register after the closing date of registration, as specified. By imposing additional duties on local elections officials, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 3108 of the Elections Code proposed by SB 286 to be operative only if this bill and SB 286 are enacted and this bill is enacted last.
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 3108 of the Elections Code is amended to read:

3108.
 (a) A military or overseas voter who is qualified pursuant to paragraph (1) of subdivision (b) of Section 300 may apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:
(1) The military or overseas voter is released from service after the closing date of registration for an election, returns to the county of his or her residence, and is not a registered voter. To register, the elector shall furnish documentary proof that he or she was released from service after the closing date of registration for the election.
(2) The military or overseas voter is required to move under official active duty military orders after the closing date of registration. To register, the elector shall furnish a copy of his or her official military orders.
(b) On or before the day of election the elections official shall deliver to the precinct board a list of military or overseas voters who registered under this section.

SEC. 1.5.

 Section 3108 of the Elections Code is amended to read:

3108.
 (a) A military or overseas voter who is qualified pursuant to paragraph (1) of subdivision (b) of Section 300 may apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:
(1) The military or overseas voter is released from service after the closing date of registration for an election, returns to the county of his or her residence, and is not a registered voter. To register, the elector shall furnish documentary proof that he or she was released from service after the closing date of registration for the election.
(2) The military or overseas voter is required to move under official active duty military orders after the closing date of registration. To register, the elector shall furnish a copy of his or her official military orders.
(b) On or before the day of election, or the first day a vote center opens, the elections official shall deliver to the precinct board a list of military or overseas voters who registered under this section.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 3108 of the Elections Code proposed by both this bill and Senate Bill 286. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3108 of the Elections Code, and (3) this bill is enacted after Senate Bill 286, in which case Section 1 of this bill shall not become operative.

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.