Bill Text: CA SB199 | 2011-2012 | Regular Session | Enrolled
Bill Title: Elections: vote by mail ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB199 Detail]
Download: California-2011-SB199-Enrolled.html
BILL NUMBER: SB 199 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 29, 2011
AMENDED IN ASSEMBLY MAY 24, 2011
INTRODUCED BY Senator Correa
FEBRUARY 8, 2011
An act to amend Sections 3017 and 15320 of the Elections Code,
relating to vote by mail ballots.
LEGISLATIVE COUNSEL'S DIGEST
SB 199, Correa. Elections: vote by mail ballots.
(1) Existing law permits any voter to apply for permanent vote by
mail voter status if the voter completes an application containing
the required information in accordance with specified statutory
provisions and requires a voter to return a vote by mail ballot by
mail or in person to the elections official from whom it came, or in
person to any member of a precinct board at any polling place within
the jurisdiction, before the close of the polls on election day.
This bill would permit a voter to return a vote by mail ballot to
any polling place in the state, and in the case of a vote by mail
ballot returned to a precinct located in a county other than the
county of the elections official who issued the ballot, would require
the elections official of the precinct at which the ballot is
returned to forward the ballot to the elections official who issued
the ballot. By imposing additional duties on local elections
officials, this bill would impose a state-mandated local program.
(2) The bill would also make a conforming change to a related
provision.
(3) 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 3017 of the Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the state. However, a vote
by mail voter who, because of illness or other physical disability,
is unable to return the ballot, may designate his or her spouse,
child, parent, grandparent, grandchild, brother, sister, or a person
residing in the same household as the vote by mail voter to return
the ballot to the elections official who issued the ballot or to the
precinct board at any polling place within the state. The ballot
must, however, be received by either the elections official or a
precinct board before the close of the polls on election day. In the
case of a vote by mail ballot returned to a precinct board of a
polling place located in a county other than the county of the
elections official who issued the ballot, the elections official
responsible for the polling place at which the ballot is returned
shall forward the ballot to the elections official who issued the
ballot.
(b) The elections official shall establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse.
SEC. 2. 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,
including those returned to another jurisdiction in the state and
forwarded to the jurisdiction of issuance, 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 3 (commencing with Section 15100).
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.
