Bill Text: CA AB2071 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Vote by mail ballots.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2016-08-29 - Chaptered by Secretary of State - Chapter 225, Statutes of 2016. [AB2071 Detail]

Download: California-2015-AB2071-Chaptered.html

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BILL NUMBER: AB 2071	CHAPTERED
	BILL TEXT

	CHAPTER  225
	FILED WITH SECRETARY OF STATE  AUGUST 29, 2016
	APPROVED BY GOVERNOR  AUGUST 29, 2016
	PASSED THE SENATE  AUGUST 11, 2016
	PASSED THE ASSEMBLY  AUGUST 15, 2016
	AMENDED IN SENATE  JUNE 30, 2016
	AMENDED IN ASSEMBLY  APRIL 19, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Harper
   (Coauthors: Assembly Members Gallagher and Gatto)
   (Coauthor: Senator Bates)

                        FEBRUARY 17, 2016

   An act to amend Sections 3020 and 4103 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2071, Harper. Vote by mail ballots.
   Existing law requires that all vote by mail ballots cast 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 or no later than 8 p.m. on election day, as specified.
   Notwithstanding this requirement, existing law provides that a
vote by mail ballot is considered timely cast if it is received by
the voter's election official via the United States Postal Service or
a bona fide private mail delivery company no later than 3 days after
election day if a specified requirement is met.
   This bill would define "bona fide private mail delivery company"
for purposes of the above-described exception for ballots delivered
after election day.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, 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. 2.  Section 4103 of the Elections Code is amended to read:
   4103.  (a) Notwithstanding Section 3020, ballots cast under this
chapter shall be returned to the elections official from whom they
were obtained no later than 8 p.m. on election day.
   (b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter 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.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, 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.