Bill Text: CA AB626 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 626

Bill Title: Voting: returning vote by mail ballots in person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 661, Statutes of 2023. [AB626 Detail]

Download: California-2023-AB626-Chaptered.html

Assembly Bill No. 626

CHAPTER 661

An act to add Section 3016.5 to the Elections Code, relating to elections.

[ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 626, Pellerin. Voting: returning vote by mail ballots in person.

Existing law authorizes any county to conduct an election as an all-mailed ballot election if certain requirements are met, including that the county establishes vote centers throughout the county for voters to, among other things, vote and return the voter’s vote by mail ballot. Under existing law, a person who votes a vote by mail ballot is required to place the ballot in the identification envelope provided to the voter, sign the envelope, and return the ballot by mail or in person.

This bill would authorize a voter to vote their vote by mail ballot without the identification envelope if the voter returns the ballot in person at the polling place designated for the voter’s home precinct or a vote center, if specified conditions are met. The bill would require a ballot cast in this manner to be processed and counted like a nonprovisional ballot cast in person at the polling place or vote center. By imposing additional duties on county elections officials, this 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 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 3016.5 is added to the Elections Code, to read:

3016.5.

(a) A voter may vote their vote by mail ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center established pursuant to Section 4005, if all of the following conditions are met:

(1) The precinct board or vote center election board has real-time access to the county elections official’s election management system, and does both of the following:

(A) Verifies that the voter has not returned a vote by mail ballot for that election.

(B) Changes the status of the voter in the election management system from a vote by mail voter to an in person voter.

(2) After the voter’s status has been changed pursuant to subparagraph (B) of paragraph (1), the voter provides their name, address, and signature pursuant to Section 14216.

(3) The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedures.

(b) A ballot cast pursuant to subdivision (a) shall be processed and counted in the same manner as a nonprovisional ballot cast in person at the polling place or vote center.

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.