Bill Text: CA SB362 | 2013-2014 | Regular Session | Chaptered
Bill Title: Voting procedures: natural disasters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-04 - Chaptered by Secretary of State. Chapter 566, Statutes of 2013. [SB362 Detail]
Download: California-2013-SB362-Chaptered.html
BILL NUMBER: SB 362 CHAPTERED
BILL TEXT
CHAPTER 566
FILED WITH SECRETARY OF STATE OCTOBER 4, 2013
APPROVED BY GOVERNOR OCTOBER 4, 2013
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 20, 2013
An act to add Sections 336.7 and 3021.5 to the Elections Code,
relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
SB 362, Padilla. Voting procedures: natural disasters.
Existing law designates the Secretary of State as the chief
elections officer of the state and requires him or her to study and
adopt regulations governing the use of voting machines, voting
devices, vote tabulating devices, and ballot marking systems.
Existing law also establishes procedures for the marking and counting
of ballots in the case of electrical failure or other emergency.
This bill would make legislative findings relating to natural
disasters outside California and their effect on a state resident's
ability to vote. The bill would, upon the declaration of an
out-of-state emergency by the Governor and the issuance of an
executive order authorizing an out-of-state emergency worker, as
defined, to cast a ballot outside of his or her home precinct,
require a county elections official to issue an out-of-state
emergency worker a vote by mail ballot upon that worker's request. By
imposing a new duty on local officials, the 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Natural disasters outside California can affect a state
resident's ability to vote. Earthquakes, hurricanes, and other
disasters can destroy or damage election infrastructure, including
the electrical and telecommunications grid and polling places,
disrupt the delivery of vote by mail ballots by the United States
Postal Service, and displace election officials and interrupt their
duties.
(b) California residents volunteer to help victims of natural
disasters, including their family members. California voters, such as
firefighters, police officers, National Guardsmen, utility workers,
and average citizens travel to areas affected by disasters for
extended periods of time to help with recovery efforts that can
include other states and countries. Disasters and volunteer efforts
can occur close to an election and affect a volunteer's ability to
vote.
(c) Currently, neither the Governor, the Secretary of State, nor
county elections officials have the authority to establish procedures
and guidelines to specifically allow residents affected by an
out-of-state disaster to vote.
SEC. 2. Section 336.7 is added to the Elections Code, to read:
336.7. "Out-of-state emergency worker" means a voter who is
officially engaged in responding to the proclamation of an
out-of-state emergency and whose vocation has been identified in an
executive order relating to the state of emergency.
SEC. 3. Section 3021.5 is added to the Elections Code, to read:
3021.5. (a) Upon the declaration of an out-of-state emergency by
the Governor and the issuance of an executive order authorizing an
out-of-state emergency worker to cast a ballot outside of his or her
home precinct, a county elections official shall, upon request of an
out-of-state emergency worker pursuant to this chapter, issue a vote
by mail ballot to the out-of-state emergency worker using a process
to be determined by that elections official. The process shall
include all of the following:
(1) Authorization for an out-of-state emergency worker to request
a vote by mail ballot after the close of the vote by mail ballot
application period specified in Section 3001.
(2) Authorization for a vote by mail ballot and accompanying
voting materials to be sent to an out-of-state emergency worker by
mail, facsimile transmission, or electronic transmission, as
requested by the out-of-state emergency worker. An elections official
may use reasonable facsimiles of the sample ballots sent to voters
as vote by mail ballots.
(3) A requirement that an out-of-state emergency worker mark the
vote by mail ballot provided to him or her, place it in the vote by
mail ballot identification envelope, and return the vote by mail
ballot to the elections official from whom it was obtained. If no
identification envelope is provided, the envelope used to return the
vote by mail ballot to the elections official shall include the
information required by subdivision (a) of Section 3011 and a
statement signed under penalty of perjury that the voter is an
out-of-state emergency worker.
(b) In order to be counted, a vote by mail ballot cast pursuant to
this section shall be received in compliance with Section 3020.
(c) An elections official shall receive and canvass vote by mail
ballots cast pursuant to this section by the same procedure as for
all other vote by mail ballots cast pursuant to this chapter.
SEC. 4. 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.
