Bill Text: CA AB2530 | 2013-2014 | Regular Session | Chaptered
Bill Title: Ballot processing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 906, Statutes of 2014. [AB2530 Detail]
Download: California-2013-AB2530-Chaptered.html
BILL NUMBER: AB 2530 CHAPTERED
BILL TEXT
CHAPTER 906
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 21, 2014
An act to amend Sections 3019, 14310, 15101, 15320, and 15350 of
the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2530, Rodriguez. Ballot processing.
Existing law requires an elections official to compare the
signature on the envelope of a vote by mail ballot, a mail ballot
precinct ballot, or a provisional ballot with the signature that
appears on the voter's affidavit of registration, as specified. If
the elections official determines that the signatures do not compare,
existing law requires that the ballot be rejected, as specified.
This bill would provide that if a vote by mail ballot, mail ballot
precinct ballot, or provisional ballot is processed using signature
verification technology that determines the signatures do not
compare, the elections official is required to visually examine and
verify that the signatures do not compare before rejecting the
ballot. By imposing additional duties on local elections officials,
this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 15101 of
the Elections Code proposed by SB 29, to be operative only if SB 29
and this bill are both chaptered and become effective January 1,
2015, and this bill is chaptered 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine whether the signatures
compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature, that is part of the
voter's registration record, and that the elections official has
determined compares with the signature on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
The elections official may make this determination by reviewing a
series of signatures appearing on official forms in the voter's
registration record that have been determined to compare, that
demonstrates the progression of the voter's signature, and makes
evident that the signature on the identification envelope is that of
the voter.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use the duplicate file of affidavits of
registered voters or facsimiles of voters' signatures, provided that
the method of preparing and displaying the facsimiles complies with
the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official is authorized to use signature verification technology. If
signature verification technology determines the signatures do not
compare, the elections official shall not reject the ballot unless he
or she visually examines the signatures and verifies that the
signatures do not compare.
(f) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 2. Section 14310 of the Elections Code, as amended by Section
1 of Chapter 611 of the Statutes of 2009, is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots pursuant to Section 3019, the elections official
shall compare the signature on each provisional ballot envelope with
the signature on the voter's affidavit of registration or other
signature in the voter's registration record. If the signatures do
not compare or the provisional ballot envelope is not signed, the
ballot shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. A fee shall not be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
the purpose of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 3. Section 14310 of the Elections Code, as amended by Section
3 of Chapter 497 of the Statutes of 2012, is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter's registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be
of a color different than the color of, but printed substantially
similar to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots pursuant to Section 3019, the elections official
shall compare the signature on each provisional ballot envelope with
the signature on the voter's affidavit of registration or other
signature in the voter's registration record. If the signatures do
not compare or the provisional ballot envelope is not signed, the
ballot shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:
(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant's right to vote.
(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170) of
Chapter 2 of Division 2.
(iii) Upon the order of a superior court in the county of the
voter's residence.
(B) A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. A fee shall not be charged to
the claimant by the clerk of the court for services rendered in an
action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
the purpose of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 4. Section 15101 of the Elections Code is amended to read:
15101. (a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope pursuant to Section 3019 and
updating voter history records.
(b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the seventh business day
before the election. Processing vote by mail ballots includes opening
vote by mail ballot return envelopes, removing ballots, duplicating
any damaged ballots, and preparing the ballots to be machine read, or
machine reading them, but under no circumstances may a vote count be
accessed or released until 8 p.m. on the day of the election. All
other jurisdictions shall start to process vote by mail ballots at 5
p.m. on the day before the election.
(c) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.
SEC. 4.5. Section 15101 of the Elections Code is amended to read:
15101. (a) Any jurisdiction in which vote by mail ballots are
cast may begin to process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope pursuant to Section 3019 and
updating voter history records.
(b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the 10th business day before
the election. Processing vote by mail ballots includes opening vote
by mail ballot return envelopes, removing ballots, duplicating any
damaged ballots, and preparing the ballots to be machine read, or
machine reading them, but under no circumstances may a vote count be
accessed or released until 8 p.m. on the day of the election. All
other jurisdictions shall start to process vote by mail ballots at 5
p.m. on the day before the election.
(c) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.
SEC. 5. Section 15320 of the Elections Code is amended to read:
15320. Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day
that are not included in the semifinal official canvass phase of the
election shall be processed and counted during the official canvass
in the manner prescribed by Chapter 2 (commencing with Section 15100)
and pursuant to the requirements of Section 3019.
SEC. 6. Section 15350 of the Elections Code is amended to read:
15350. Provisional ballots cast pursuant to Section 14310 shall
be processed and counted in accordance with the provisions outlined
in Chapter 2 (commencing with Section 15100) and pursuant to the
requirements of Sections 14310 and 14311.
SEC. 7. Section 4.5 of this bill incorporates amendments to
Section 15101 of the Elections Code proposed by both this bill and
Senate Bill 29. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2) each
bill amends Section 15101 of the Elections Code, and (3) this bill is
enacted after Senate Bill 29, in which case Section 4 of this bill
shall not become operative.
SEC. 8. 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.
