Bill Text: CA SB111 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Elections: voter signature.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2013-08-26 - Chaptered by Secretary of State. Chapter 151, Statutes of 2013. [SB111 Detail]

Download: California-2013-SB111-Chaptered.html

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BILL NUMBER: SB 111	CHAPTERED
	BILL TEXT

	CHAPTER  151
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2013
	APPROVED BY GOVERNOR  AUGUST 26, 2013
	PASSED THE SENATE  APRIL 18, 2013
	PASSED THE ASSEMBLY  AUGUST 8, 2013
	AMENDED IN SENATE  MARCH 6, 2013

INTRODUCED BY   Senator Beall
   (Coauthors: Senators Hancock and Leno)
   (Coauthors: Assembly Members Ammiano, Brown, Chesbro, Fox, and
Ting)

                        JANUARY 15, 2013

   An act to amend Section 354.5 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 111, Beall. Elections: voter signature.
   Existing law authorizes certain persons to use a signature stamp
to affix a signature to various elections documents. Existing law
prohibits a voter from using a signature stamp until the signature
stamp is used by the voter to sign an affidavit of registration in
the presence of a county elections official.
   Existing law requires the Department of Motor Vehicles and the
Secretary of State to develop a process and infrastructure to allow
the electronic copy of a person's signature and other information to
be transferred to the Secretary of State for the purpose of allowing
a person to register to vote electronically on the Secretary of State'
s Internet Web site.
   This bill would additionally authorize certain registered voters
to use a signature stamp if the voter submits an affidavit of
registration electronically utilizing a signature stamp that has been
approved by the Department of Motor Vehicles and transmitted to the
Secretary of State.


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

  SECTION 1.  Section 354.5 of the Elections Code is amended to read:

   354.5.  (a) "Signature" includes either of the following:
   (1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over 18 years of age designated
by the person and the designee subscribes his or her own name as a
witness thereto. For purposes of this paragraph, a signature stamp
may be used as a mark, provided that the authorized user complies
with the provisions of this paragraph.
   (2) An impression made by the use of a signature stamp pursuant to
the requirements specified in subdivision (c).
   (b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
   (c) An authorized user of a signature stamp may use it to affix a
signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:
   (1) A signature stamp used to obtain a ballot or vote by mail
ballot in any local, state, or federal election shall be used only by
the authorized user of that signature stamp.
   (2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the
local elections official, or his or her designee, to obtain a ballot,
in any local, state, or federal election unless the authorized user
of the signature stamp votes by vote by mail ballot. If the owner of
a signature stamp votes by vote by mail ballot, he or she shall affix
the signature stamp on the identification envelope in accordance
with Section 3019.
   (d) A signature affixed with a signature stamp by an authorized
user in accordance with this section shall be treated in the same
manner as a signature made in writing.
   (e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (f), may use a signature stamp only after he or she first
submits his or her affidavit of registration or a new affidavit of
registration by one of the following means:
   (1) Using the signature stamp to sign the affidavit in the
presence of a county elections official.
   (2) Submitting an affidavit pursuant to Section 2196 that utilizes
a signature stamp that has been approved by the Department of Motor
Vehicles and transmitted to the Secretary of State.
   (f) The following definitions apply for purposes of this section:
   (1) "Authorized user" means either of the following:
   (A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
   (B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
   (2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions (i),
(j), and (l) of Section 12926 of the Government Code.
   (3) "Signature stamp" means a stamp that contains the impression
of any of the following:
   (A) The actual signature of a person with a disability.
   (B) A mark or symbol that is adopted by the person with the
disability.
   (C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.