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

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

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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-Amended.html

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BILL NUMBER: AB 2071	AMENDED
	BILL TEXT

	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, as amended, 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 bill would require a person
delivering vote by mail envelopes received by a bona fide private
mail delivery company to present satisfactory proof, as determined by
the elections official, of the company's status as a bona fide
private mail delivery company in order to process ballot envelopes.
The bill would also require the elections official to retain the
ballot and envelope of a vote by mail ballot delivered after election
day by a bona fide private mail delivery company if the envelope has
no postmark, a postmark with no date, or an illegible postmark for
further evaluation in the event of an election contest. 

   By imposing new requirements on 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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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)  (1)    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: 
   (A) 
    (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. 
   (B) 
    (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.

   (2) (A) A person delivering vote by mail ballot envelopes received
by a bona fide private mail delivery company pursuant to this
subdivision shall present satisfactory proof, as determined by the
elections official, of the company's status as a bona fide private
mail delivery company in order for the ballot envelopes to be
processed. If the person cannot provide proof, the elections official
shall not process the ballot envelopes but shall instead retain the
ballot envelopes in the event of an election contest. 

   (B) If a vote by mail ballot envelope is delivered after election
day by a bona fide private mail delivery company and the envelope has
no postmark, a postmark with no date, or an illegible postmark, the
elections official shall retain the ballot envelope and ballot for
further evaluation in the event of an election contest. 
   (c) For purposes of this section, "bona fide private mail delivery
company" means a for-profit courier service that is in the regular
business of accepting a mail item, package, or parcel for the purpose
of delivery, at a cost, to a person or entity whose address is
specified on the item. A bona fide private mail delivery company
includes, but is not limited to, DHL, Federal Express Corporation,
and United Parcel Service.
  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)  (1)    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: 
   (A) 
    (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. 
   (B) 
    (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.

   (2) (A) A person delivering vote by mail ballot envelopes received
by a bona fide private mail delivery company pursuant to this
subdivision shall present satisfactory proof, as determined by the
elections official, of the company's status as a bona fide private
mail delivery company in order for the ballot envelopes to be
processed. If the person cannot provide proof, the elections official
shall not process the ballot envelopes but shall instead retain the
ballot envelopes in the event of an election contest. 

   (B) If a vote by mail ballot envelope is delivered after election
day by a bona fide private mail delivery company and the envelope has
no postmark, a postmark with no date, or an illegible postmark, the
elections official shall retain the ballot envelope and ballot for
further evaluation in the event of an election contest. 
   (c) For purposes of this section, "bona fide private mail delivery
company" means a for-profit courier service that is in the regular
business of accepting a mail item, package, or parcel for the purpose
of delivery, at a cost, to a person or entity whose address is
specified on the item. A bona fide private mail delivery company
includes, but is not limited to, DHL, Federal Express Corporation,
and United Parcel Service. 
  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.