Bill Text: CA SB29 | 2013-2014 | 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 and election result statements.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State. Chapter 618, Statutes of 2014. [SB29 Detail]

Download: California-2013-SB29-Amended.html

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BILL NUMBER: SB 29	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  MARCH 6, 2013

INTRODUCED BY   Senator Correa
   (Coauthors: Assembly Members Fong and Lowenthal)

                        DECEMBER 3, 2012

   An act to amend Sections 3020, 4103,  15101,  and 15372
of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 29, as amended, Correa. Vote by mail ballots and election
result statements.
   (1) Existing law makes the vote by mail ballot available to any
registered voter. Existing law requires that those vote by mail
ballots be received by the elections officials from whom they were
obtained or by the precinct boards before the polls close on election
day in order to be counted.
   Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
   This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is received by the
voter's elections official no later than 3 days after election day,
and either 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 or, if the ballot has no postmark,
a postmark with no date, or an illegible postmark, the vote by mail
ballot identification envelope is signed and dated on or before
election day.
   Because the bill would expand the duties of local elections
officials, it would impose a state-mandated local program. 
   (2) Existing law permits any jurisdiction in which vote by mail
ballots are cast to begin processing vote by mail ballot return
envelopes 29 days prior to election, and authorizes any jurisdiction
having the necessary computer capability to start processing vote by
mail ballots 7 business days prior to the election.  
   This bill would instead authorize any jurisdiction having the
necessary computer capability to start processing vote by mail
ballots 10 business days prior to the election.  
   (2) 
    (3)  Existing law requires the elections official to
prepare a certified statement of the results of the election and
submit it to the governing body within 28 days of the election,
except for specified elections.
   This bill would instead require the elections official to submit
the certified statement of the results of the election to the
governing body within  31   30  days of the
election. 
   (3) 
    (4)  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.
State-mandated local program: yes.


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) 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 no later than three days after election
day and either of the following is satisfied:
   (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.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
is signed and dated pursuant to Section 3011 on or before election
day.
  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) 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 no later than three days after election
day and either of the following is satisfied:
   (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.
   (2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
is signed and dated pursuant to Section 3011 on or before election
day.
   SEC. 3.    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 and updating voter history
records.
   (b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the  seventh
  10th  business day prior to 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 prior to the close of the polls on the day of the
election.
   SEC. 3.   SEC. 4.   Section 15372 of the
Elections Code is amended to read:
   15372.  The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within  31   30 days of the election or, in
the case of school district, community college district, county
board of education, or special district elections conducted on the
first Tuesday after the first Monday in November of odd-numbered
years, no later than the last Monday before the last Friday of that
month.
   SEC. 4.   SEC. 5.   Counties may
continue to use envelopes and other official election materials that
do not take into account the provisions of this act until the supply
of those envelopes and other official election materials is
exhausted.
   SEC. 5.  SEC. 6.   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.