AB 477: Elections: ballots and the Green Party.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-10
(1)Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (A) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (B) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (B) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voters signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would also require an elections official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2)Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3)This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(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.
(1)Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (A) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (B) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (B) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voters signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would also require an elections official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2)Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3)This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(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.
(1)Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (A) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (B) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (B) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voters signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the unsigned ballot statement and instructions on completing the statement, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2)Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3)This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(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.
(1)Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (A) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (B) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (B) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voters signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the unsigned ballot statement and instructions on completing the statement, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2)Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3)Existing law provides that a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established, is entitled to vote a provisional ballot. Existing law requires the elections official to examine the records with respect to all provisional ballots cast, and compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record and requires that the ballot be rejected if the signatures do not compare.
This bill would require the elections official to also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. The bill would require, if the addresses do not match, the elections official to review the provisional voters registration record to attempt to verify the voters registration and current residence address. The bill would require, if the voter provides an in-county residence address different from the residence address in the official record, the elections official to duplicate and move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The bill would also require a ballot to be counted if the voter provides a post office box or business address on the provisional ballot envelope and the elections official, at his or her discretion, independently verifies the voters in-county residence address. By requiring elections officials to take additional actions related to provisional ballots, the bill would impose a state-mandated local program.
(3)This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(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.
(1)Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) (A) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (2) (B) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (2) (B) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 10th 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 10th 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot drop-off dropoff box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voters signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the unsigned ballot statement and instructions on completing the statement, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2)Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3)Existing law provides that a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established, is entitled to vote a provisional ballot. Existing law requires the elections official to examine the records with respect to all provisional ballots cast, and compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record and requires that the ballot be rejected if the signatures do not compare.
This bill would require the elections official to also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. The bill would require, if the addresses do not match, the elections official to review the provisional voters registration record to attempt to verify the voters registration and current residence address. The bill would require, if the voter provides an in-county residence address different from the residence address in the official record, the elections official to duplicate and move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The bill would also require a ballot to be counted if the voter provides a post office box or business address on the provisional ballot envelope and the elections official, at his or her discretion, independently verifies the voters in-county residence address. By requiring elections officials to take additional actions related to provisional ballots, the bill would impose a state-mandated local program.
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(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.
Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (2) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (2) above, determine that the signature appearing on a form issued by the elections official that contains the voters signature compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, this the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections officials office before 5 p.m. on the 10th day after the election, completes and submits a vote by mail ballot affidavit an unsigned ballot statement, as specified, before 5 p.m. on the 10th day before after the election, as specified. election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot drop-off box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the vote by mail ballot affidavit, unsigned ballot statement, to compare the voters signature on the affidavit, statement, as described above, and, if the signatures compare, would require the elections official to attach the affidavit statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the vote by mail ballot affidavit unsigned ballot statement and instructions on completing the affidavit, statement, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the vote by mail ballot affidavit unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, 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.
Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) the signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter, or (2) the signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
If an elections official determines that a voter has failed to sign the identification envelope, this bill would prohibit the elections official from rejecting the vote by mail ballot if the voter completes and submits a vote by mail ballot affidavit before 5 p.m. on the day before the election, as specified. The bill would require the elections official, upon receipt of the vote by mail ballot affidavit, to compare the voters signature on the affidavit, as described above, and, if the signatures compare, would require the elections official to attach the affidavit to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the vote by mail ballot affidavit and instructions on completing the affidavit, and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the vote by mail ballot affidavit and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, 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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of
a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 2.Chapter 5 (commencing with Section 6850) is added to Part 1 of Division 6 of the Elections Code, to read:5.Green Party Presidential Primary1.General Provisions6850.This chapter applies to the presidential primary ballot of the Green Party only. As used in this chapter, Green Party means the Green Party of California.
6850.5.The Green Party presidential primary ballot shall express the presidential preference of California voters who vote in the Green Party primary. National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6850.7.A filing fee shall not be required from a person to be voted for in a Green Party presidential primary.
2.Qualification of Candidates for Presidential Preference Portion of Primary Ballot6851.The Secretary of State shall place the name of a candidate upon the Green Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated.
6851.5.On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Green Party Liaison to the Secretary of State informing her or him that, while a response is not required, any information she or he wishes to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Green Party presidential preference primary ballot pursuant to Section 6851.
6852.On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State.
6852.5.When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6851 and 6852, the Secretary of State shall notify the candidate that her or his name will appear on the Green Party presidential preference primary ballot.
6853.If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.
6853.5.An unselected candidate desiring to have her or his name placed on the presidential preference primary ballot shall have nomination papers circulated on her or his behalf. In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as preferring the Green Party equal in number to not less than 1 percent of the number of persons registered as preferring the Green Party as reflected in the report of registration issued by the Secretary of State on the 135th day before the presidential primary election.
3.Preparation, Circulation, and Filing of Nominating Papers6854.This article applies to the nomination of a Green Party candidate for the presidential primary ballot.
6854.5.Nomination papers properly prepared, circulated, signed, and verified shall be left, for examination, with the elections official of the county in which they are circulated at least 74 days before the presidential primary.
6855.Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
6855.5.A nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as preferring the Green Party are competent to sign.
6856.Each section shall be prepared with the lines for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
6856.5.A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as preferring the Green Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
6857.The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON | ||
Section ____________Page ____________ | ||
County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. | ||
State of California County of |
| ss. |
SIGNERS STATEMENT | ||
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office. | ||
Number_________Signature_________Printed name_________Residence | ||
1. | ||
2. | ||
3. | ||
etc. | ||
CIRCULATORS DECLARATION | ||
I, ________, affirm all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street number, is 3.That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ________, California, this ____ day of ____, 20__. [Signed] ______________________________ Circulator [Printed Name] _____________________________ | ||
Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
6858.Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
6858.5.The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark not sufficient the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark not sufficient the name of any voter of the county who is not registered as preferring the Green Party.
6859.Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked not sufficient.
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
6859.5.The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION | ||
To the Secretary of State: | ||
I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which
this certificate is attached, of the presidential candidate, and that the number of names which I have not marked not sufficient is _______. _______________________________________________________ | ||
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
4.Green Party Presidential Primary Ballot6861.Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
6861.5.For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a)The heading Presidential Candidate Preference shall be included.
(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c)The instructions to voters shall begin with the words Vote for a candidate. The instructions to voters shall also include the statement that Delegates to the national convention will be selected after the primary election.
6862.A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
5.Certification of National Convention Delegates Election and Postelection Proceedings6863.The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
6863.5.National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6.Presidential Electors6864.In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
SEC. 3.Section 6901 of the Elections Code is amended to read:6901.Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party. The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.
SEC. 4.Part 6 (commencing with Section 7900) is added to Division 7 of the Elections Code, to read:6.Green Party1.General Provisions7900.This part applies to the organization, operations, and functions of the party known as the Green Party. As used in this part, Green Party means the Green Party of California.
2.Members of County Councils7901.At each presidential primary election, members of central committees, which shall be termed county councils, shall be elected in each county.
7902.For purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political preferences transmitted by the elections officials to the Secretary of State on or before March 1 of the odd-numbered year preceding the next presidential primary election.
7903.The number of members of the county council to be elected in a county shall be a minimum of three and a maximum of 50, and the process in which each countys number shall be calculated shall be defined in the Green Partys bylaws and, to be effective, shall be communicated to the Secretary of State by the Green Party Liaison to the Secretary of State no later than 175 days before the next presidential primary election.
7904.At its first meeting following the presidential primary election and at subsequent meetings, a county council may appoint additional members to the county council to fill any vacancy.
7905.A person shall not be appointed to membership on a county council who is registered as preferring another party or registered as No Party Preference. Appointment of other persons who cannot register to vote shall be allowed under certain circumstances as described in state Green Party bylaws and any applicable county Green Party bylaws.
7906.The removal of residence by an elected or appointed member of a county council from the applicable county shall constitute automatic resignation from the county council.
7907.A member of a county council who changes her or his voter registration to no longer prefer the Green Party shall automatically be removed from office upon such registration.
7908.County council members additionally may be removed for cause by procedures established in the Green Partys bylaws.
7909.When a person is appointed to a county council, the county council shall file notices of the appointment with the county elections official and the coordinating committee of the Green Party within 30 days after the appointment is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.
7910.The Department of General Services shall permit any county council that desires to do so to hold meetings in a state building within the county, and a minimum of one meeting each month shall be without charge.
3.Election of County Councils7911.Members of county councils shall be elected from one or more multi-member districts. Multimember districts shall conform to the county boundaries or recognized jurisdictional boundaries of Congressional, State Assembly, State Senate, or Supervisorial districts within that county, in accordance with state Green Party bylaws and county Green Party bylaws.
7912.The Secretary of State, no later than the 175th day before the presidential primary election, shall compute the number of members of a county council to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Green Party Liaison to the Secretary of State.
7913.The elections official, no later than the 172nd day before the presidential primary election, shall compute the number of members of a county council to be elected in each district if the election of the members is to be by district pursuant to this chapter.
7914.In each county, the name of each candidate for member of a county council shall appear on the ballot only if she or he is registered as preferring the Green Party and has filed a nomination paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1 of Division 6, signed on the candidates behalf by Green Party voters of the county council election district in which she or he is a candidate.
7915.In counties where members of county councils are to be elected by district, a person seeking election as a member of a county council may seek election only in the district in which she or he resides.
7916.Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers for both nomination to a public office and for election as a member of a county council.
7917.Notwithstanding any other provision of this code, the number of sponsors that shall be required of a person to be a candidate for member of a county council shall be either not less than 20 sponsors, or not less than 2 percent of the number of voters registered as preferring the Green Party in the county council election district, whichever is less.
7918.Notwithstanding any other provision of this code, each sponsor is entitled to sponsor as many candidates as there are seats in the district. Candidate names listed on a single sponsors certificate, and the signatures on the certificate shall count toward the sponsor requirement of each and every candidate whose name is listed on the certificate. The number of candidates having their names on a sponsors certificate shall not exceed the number of members of a county council to be elected in the district.
7919.The elections official of each county shall include the office of member of county council and the candidates for the office in a place and manner similar to that for the office of county central committee of other political parties and the candidates for that office on the applicable official lists.
7920.The order of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921.The office of member of county council shall be placed on the presidential primary ballot under the heading Party County Council in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central committees on the presidential primary ballot shall be in substantially the following form: Member of Green Party County Council, ___the __________ District or Member of the Green Party County Council, _______ County.
7922.Except as otherwise provided in this section, the votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committees pursuant to Division 15 (commencing with Section 15000), and specifically:
(a)The final total of votes cast for each candidate for member of county council, including the name, address, and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State without delay upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party Liaison to the Secretary of State.
(b)As soon as practicable after the presidential primary election, the Secretary of State shall prepare a certified list, by county, of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county no later than 45 days following the presidential primary election. This list shall be maintained for public inspection by the registrars of voters in each county until a subsequent list is received.
(c)The Secretary of State, no later than 45 days following the presidential primary election, shall send a notice by mail to each of the elected members of county councils that informs the person that she or he has been elected as a member of the county council. The Secretary of State shall send a copy of the certified list of all elected members of all county councils to the Green Party Liaison to the Secretary of State.
7923.Notwithstanding any other provision of this code, a write-in candidate for member of county council shall not be declared elected unless the write-in candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the presidential primary or 20 votes, whichever is less.
4.State Coordinating Committee7924.The members of the state coordinating committee shall be elected as provided in the Green Party bylaws and shall have the responsibilities described in those bylaws.
7925.A person shall not be a member of the state coordinating committee unless she or he is registered as a voter preferring the Green Party.
7926.The state coordinating committee shall hold meetings at least once during each year.
7927.(a)The state coordinating committee shall have the authority to certify, as provided by Green Party bylaws, county council members in the following counties:
(1)Counties where no county council candidates qualified for the ballot in the preceding presidential primary election.
(2)Counties where all members of the county council have become disqualified from holding office.
(b)County council members certified pursuant to this section shall meet the qualifications otherwise required for county council members. County council members certified pursuant to this section shall be reported by the state coordinating committee to the applicable county elections officials. County council members certified under this section shall have all the powers and privileges otherwise afforded to county councils.
7928.The state coordinating committee shall communicate in writing to the Secretary of State the identity of the Green Party Liaison to the Secretary of State.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 1 of this bill shall not become operative.
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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of
a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 2.Chapter 5 (commencing with Section 6850) is added to Part 1 of Division 6 of the Elections Code, to read:5.Green Party Presidential Primary1.General Provisions6850.This chapter applies to the presidential primary ballot of the Green Party only. As used in this chapter, Green Party means the Green Party of California.
6850.5.The Green Party presidential primary ballot shall express the presidential preference of California voters who vote in the Green Party primary. National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6850.7.A filing fee shall not be required from a person to be voted for in a Green Party presidential primary.
2.Qualification of Candidates for Presidential Preference Portion of Primary Ballot6851.The Secretary of State shall place the name of a candidate upon the Green Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated.
6851.5.On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Green Party Liaison to the Secretary of State informing her or him that, while a response is not required, any information she or he wishes to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Green Party presidential preference primary ballot pursuant to Section 6851.
6852.On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State.
6852.5.When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6851 and 6852, the Secretary of State shall notify the candidate that her or his name will appear on the Green Party presidential preference primary ballot.
6853.If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.
6853.5.An unselected candidate desiring to have her or his name placed on the presidential preference primary ballot shall have nomination papers circulated on her or his behalf. In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as preferring the Green Party equal in number to not less than 1 percent of the number of persons registered as preferring the Green Party as reflected in the report of registration issued by the Secretary of State on the 135th day before the presidential primary election.
3.Preparation, Circulation, and Filing of Nominating Papers6854.This article applies to the nomination of a Green Party candidate for the presidential primary ballot.
6854.5.Nomination papers properly prepared, circulated, signed, and verified shall be left, for examination, with the elections official of the county in which they are circulated at least 74 days before the presidential primary.
6855.Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
6855.5.A nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as preferring the Green Party are competent to sign.
6856.Each section shall be prepared with the lines for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
6856.5.A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as preferring the Green Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
6857.The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON | ||
Section ____________Page ____________ | ||
County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. | ||
State of California County of |
| ss. |
SIGNERS STATEMENT | ||
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office. | ||
Number_________Signature_________Printed name_________Residence | ||
1. | ||
2. | ||
3. | ||
etc. | ||
CIRCULATORS DECLARATION | ||
I, ________, affirm all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street number, is 3.That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ________, California, this ____ day of ____, 20__. [Signed] ______________________________ Circulator [Printed Name] _____________________________ | ||
Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
6858.Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
6858.5.The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark not sufficient the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark not sufficient the name of any voter of the county who is not registered as preferring the Green Party.
6859.Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked not sufficient.
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
6859.5.The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION | ||
To the Secretary of State: | ||
I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which
this certificate is attached, of the presidential candidate, and that the number of names which I have not marked not sufficient is _______. _______________________________________________________ | ||
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
4.Green Party Presidential Primary Ballot6861.Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
6861.5.For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a)The heading Presidential Candidate Preference shall be included.
(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c)The instructions to voters shall begin with the words Vote for a candidate. The instructions to voters shall also include the statement that Delegates to the national convention will be selected after the primary election.
6862.A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
5.Certification of National Convention Delegates Election and Postelection Proceedings6863.The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
6863.5.National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6.Presidential Electors6864.In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
SEC. 3.Section 6901 of the Elections Code is amended to read:6901.Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party. The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.
SEC. 4.Part 6 (commencing with Section 7900) is added to Division 7 of the Elections Code, to read:6.Green Party1.General Provisions7900.This part applies to the organization, operations, and functions of the party known as the Green Party. As used in this part, Green Party means the Green Party of California.
2.Members of County Councils7901.At each presidential primary election, members of central committees, which shall be termed county councils, shall be elected in each county.
7902.For purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political preferences transmitted by the elections officials to the Secretary of State on or before March 1 of the odd-numbered year preceding the next presidential primary election.
7903.The number of members of the county council to be elected in a county shall be a minimum of three and a maximum of 50, and the process in which each countys number shall be calculated shall be defined in the Green Partys bylaws and, to be effective, shall be communicated to the Secretary of State by the Green Party Liaison to the Secretary of State no later than 175 days before the next presidential primary election.
7904.At its first meeting following the presidential primary election and at subsequent meetings, a county council may appoint additional members to the county council to fill any vacancy.
7905.A person shall not be appointed to membership on a county council who is registered as preferring another party or registered as No Party Preference. Appointment of other persons who cannot register to vote shall be allowed under certain circumstances as described in state Green Party bylaws and any applicable county Green Party bylaws.
7906.The removal of residence by an elected or appointed member of a county council from the applicable county shall constitute automatic resignation from the county council.
7907.A member of a county council who changes her or his voter registration to no longer prefer the Green Party shall automatically be removed from office upon such registration.
7908.County council members additionally may be removed for cause by procedures established in the Green Partys bylaws.
7909.When a person is appointed to a county council, the county council shall file notices of the appointment with the county elections official and the coordinating committee of the Green Party within 30 days after the appointment is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.
7910.The Department of General Services shall permit any county council that desires to do so to hold meetings in a state building within the county, and a minimum of one meeting each month shall be without charge.
3.Election of County Councils7911.Members of county councils shall be elected from one or more multi-member districts. Multimember districts shall conform to the county boundaries or recognized jurisdictional boundaries of Congressional, State Assembly, State Senate, or Supervisorial districts within that county, in accordance with state Green Party bylaws and county Green Party bylaws.
7912.The Secretary of State, no later than the 175th day before the presidential primary election, shall compute the number of members of a county council to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Green Party Liaison to the Secretary of State.
7913.The elections official, no later than the 172nd day before the presidential primary election, shall compute the number of members of a county council to be elected in each district if the election of the members is to be by district pursuant to this chapter.
7914.In each county, the name of each candidate for member of a county council shall appear on the ballot only if she or he is registered as preferring the Green Party and has filed a nomination paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1 of Division 6, signed on the candidates behalf by Green Party voters of the county council election district in which she or he is a candidate.
7915.In counties where members of county councils are to be elected by district, a person seeking election as a member of a county council may seek election only in the district in which she or he resides.
7916.Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers for both nomination to a public office and for election as a member of a county council.
7917.Notwithstanding any other provision of this code, the number of sponsors that shall be required of a person to be a candidate for member of a county council shall be either not less than 20 sponsors, or not less than 2 percent of the number of voters registered as preferring the Green Party in the county council election district, whichever is less.
7918.Notwithstanding any other provision of this code, each sponsor is entitled to sponsor as many candidates as there are seats in the district. Candidate names listed on a single sponsors certificate, and the signatures on the certificate shall count toward the sponsor requirement of each and every candidate whose name is listed on the certificate. The number of candidates having their names on a sponsors certificate shall not exceed the number of members of a county council to be elected in the district.
7919.The elections official of each county shall include the office of member of county council and the candidates for the office in a place and manner similar to that for the office of county central committee of other political parties and the candidates for that office on the applicable official lists.
7920.The order of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921.The office of member of county council shall be placed on the presidential primary ballot under the heading Party County Council in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central committees on the presidential primary ballot shall be in substantially the following form: Member of Green Party County Council, ___the __________ District or Member of the Green Party County Council, _______ County.
7922.Except as otherwise provided in this section, the votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committees pursuant to Division 15 (commencing with Section 15000), and specifically:
(a)The final total of votes cast for each candidate for member of county council, including the name, address, and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State without delay upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party Liaison to the Secretary of State.
(b)As soon as practicable after the presidential primary election, the Secretary of State shall prepare a certified list, by county, of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county no later than 45 days following the presidential primary election. This list shall be maintained for public inspection by the registrars of voters in each county until a subsequent list is received.
(c)The Secretary of State, no later than 45 days following the presidential primary election, shall send a notice by mail to each of the elected members of county councils that informs the person that she or he has been elected as a member of the county council. The Secretary of State shall send a copy of the certified list of all elected members of all county councils to the Green Party Liaison to the Secretary of State.
7923.Notwithstanding any other provision of this code, a write-in candidate for member of county council shall not be declared elected unless the write-in candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the presidential primary or 20 votes, whichever is less.
4.State Coordinating Committee7924.The members of the state coordinating committee shall be elected as provided in the Green Party bylaws and shall have the responsibilities described in those bylaws.
7925.A person shall not be a member of the state coordinating committee unless she or he is registered as a voter preferring the Green Party.
7926.The state coordinating committee shall hold meetings at least once during each year.
7927.(a)The state coordinating committee shall have the authority to certify, as provided by Green Party bylaws, county council members in the following counties:
(1)Counties where no county council candidates qualified for the ballot in the preceding presidential primary election.
(2)Counties where all members of the county council have become disqualified from holding office.
(b)County council members certified pursuant to this section shall meet the qualifications otherwise required for county council members. County council members certified pursuant to this section shall be reported by the state coordinating committee to the applicable county elections officials. County council members certified under this section shall have all the powers and privileges otherwise afforded to county councils.
7928.The state coordinating committee shall communicate in writing to the Secretary of State the identity of the Green Party Liaison to the Secretary of State.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 1 of this bill shall not become operative.
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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)The Secretary of State shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
(4)
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use any file or list of registered voters facsimiles of voters signatures, if the method of preparing and displaying the file or list facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of
a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)The Secretary of State shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
(4)
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 2.Chapter 5 (commencing with Section 6850) is added to Part 1 of Division 6 of the Elections Code, to read:5.Green Party Presidential Primary1.General Provisions6850.This chapter applies to the presidential primary ballot of the Green Party only. As used in this chapter, Green Party means the Green Party of California.
6850.5.The Green Party presidential primary ballot shall express the presidential preference of California voters who vote in the Green Party primary. National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6850.7.A filing fee shall not be required from a person to be voted for in a Green Party presidential primary.
2.Qualification of Candidates for Presidential Preference Portion of Primary Ballot6851.The Secretary of State shall place the name of a candidate upon the Green Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated.
6851.5.On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Green Party Liaison to the Secretary of State informing her or him that, while a response is not required, any information she or he wishes to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Green Party presidential preference primary ballot pursuant to Section 6851.
6852.On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State.
6852.5.When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6851 and 6852, the Secretary of State shall notify the candidate that her or his name will appear on the Green Party presidential preference primary ballot.
6853.If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.
6853.5.An unselected candidate desiring to have her or his name placed on the presidential preference primary ballot shall have nomination papers circulated on her or his behalf. In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as preferring the Green Party equal in number to not less than 1 percent of the number of persons registered as preferring the Green Party as reflected in the report of registration issued by the Secretary of State on the 135th day before the presidential primary election.
3.Preparation, Circulation, and Filing of Nominating Papers6854.This article applies to the nomination of a Green Party candidate for the presidential primary ballot.
6854.5.Nomination papers properly prepared, circulated, signed, and verified shall be left, for examination, with the elections official of the county in which they are circulated at least 74 days before the presidential primary.
6855.Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
6855.5.A nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as preferring the Green Party are competent to sign.
6856.Each section shall be prepared with the lines for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
6856.5.A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as preferring the Green Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
6857.The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON | ||
Section ____________Page ____________ | ||
County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. | ||
State of California County of |
| ss. |
SIGNERS STATEMENT | ||
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office. | ||
Number_________Signature_________Printed name_________Residence | ||
1. | ||
2. | ||
3. | ||
etc. | ||
CIRCULATORS DECLARATION | ||
I, ________, affirm all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street number, is 3.That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ________, California, this ____ day of ____, 20__. [Signed] ______________________________ Circulator [Printed Name] _____________________________ | ||
Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
6858.Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
6858.5.The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark not sufficient the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark not sufficient the name of any voter of the county who is not registered as preferring the Green Party.
6859.Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked not sufficient.
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
6859.5.The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION | ||
To the Secretary of State: | ||
I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which
this certificate is attached, of the presidential candidate, and that the number of names which I have not marked not sufficient is _______. _______________________________________________________ | ||
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
4.Green Party Presidential Primary Ballot6861.Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
6861.5.For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a)The heading Presidential Candidate Preference shall be included.
(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c)The instructions to voters shall begin with the words Vote for a candidate. The instructions to voters shall also include the statement that Delegates to the national convention will be selected after the primary election.
6862.A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
5.Certification of National Convention Delegates Election and Postelection Proceedings6863.The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
6863.5.National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6.Presidential Electors6864.In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
SEC. 3.Section 6901 of the Elections Code is amended to read:6901.Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party. The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.
SEC. 4.Part 6 (commencing with Section 7900) is added to Division 7 of the Elections Code, to read:6.Green Party1.General Provisions7900.This part applies to the organization, operations, and functions of the party known as the Green Party. As used in this part, Green Party means the Green Party of California.
2.Members of County Councils7901.At each presidential primary election, members of central committees, which shall be termed county councils, shall be elected in each county.
7902.For purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political preferences transmitted by the elections officials to the Secretary of State on or before March 1 of the odd-numbered year preceding the next presidential primary election.
7903.The number of members of the county council to be elected in a county shall be a minimum of three and a maximum of 50, and the process in which each countys number shall be calculated shall be defined in the Green Partys bylaws and, to be effective, shall be communicated to the Secretary of State by the Green Party Liaison to the Secretary of State no later than 175 days before the next presidential primary election.
7904.At its first meeting following the presidential primary election and at subsequent meetings, a county council may appoint additional members to the county council to fill any vacancy.
7905.A person shall not be appointed to membership on a county council who is registered as preferring another party or registered as No Party Preference. Appointment of other persons who cannot register to vote shall be allowed under certain circumstances as described in state Green Party bylaws and any applicable county Green Party bylaws.
7906.The removal of residence by an elected or appointed member of a county council from the applicable county shall constitute automatic resignation from the county council.
7907.A member of a county council who changes her or his voter registration to no longer prefer the Green Party shall automatically be removed from office upon such registration.
7908.County council members additionally may be removed for cause by procedures established in the Green Partys bylaws.
7909.When a person is appointed to a county council, the county council shall file notices of the appointment with the county elections official and the coordinating committee of the Green Party within 30 days after the appointment is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.
7910.The Department of General Services shall permit any county council that desires to do so to hold meetings in a state building within the county, and a minimum of one meeting each month shall be without charge.
3.Election of County Councils7911.Members of county councils shall be elected from one or more multi-member districts. Multimember districts shall conform to the county boundaries or recognized jurisdictional boundaries of Congressional, State Assembly, State Senate, or Supervisorial districts within that county, in accordance with state Green Party bylaws and county Green Party bylaws.
7912.The Secretary of State, no later than the 175th day before the presidential primary election, shall compute the number of members of a county council to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Green Party Liaison to the Secretary of State.
7913.The elections official, no later than the 172nd day before the presidential primary election, shall compute the number of members of a county council to be elected in each district if the election of the members is to be by district pursuant to this chapter.
7914.In each county, the name of each candidate for member of a county council shall appear on the ballot only if she or he is registered as preferring the Green Party and has filed a nomination paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1 of Division 6, signed on the candidates behalf by Green Party voters of the county council election district in which she or he is a candidate.
7915.In counties where members of county councils are to be elected by district, a person seeking election as a member of a county council may seek election only in the district in which she or he resides.
7916.Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers for both nomination to a public office and for election as a member of a county council.
7917.Notwithstanding any other provision of this code, the number of sponsors that shall be required of a person to be a candidate for member of a county council shall be either not less than 20 sponsors, or not less than 2 percent of the number of voters registered as preferring the Green Party in the county council election district, whichever is less.
7918.Notwithstanding any other provision of this code, each sponsor is entitled to sponsor as many candidates as there are seats in the district. Candidate names listed on a single sponsors certificate, and the signatures on the certificate shall count toward the sponsor requirement of each and every candidate whose name is listed on the certificate. The number of candidates having their names on a sponsors certificate shall not exceed the number of members of a county council to be elected in the district.
7919.The elections official of each county shall include the office of member of county council and the candidates for the office in a place and manner similar to that for the office of county central committee of other political parties and the candidates for that office on the applicable official lists.
7920.The order of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921.The office of member of county council shall be placed on the presidential primary ballot under the heading Party County Council in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central committees on the presidential primary ballot shall be in substantially the following form: Member of Green Party County Council, ___the __________ District or Member of the Green Party County Council, _______ County.
7922.Except as otherwise provided in this section, the votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committees pursuant to Division 15 (commencing with Section 15000), and specifically:
(a)The final total of votes cast for each candidate for member of county council, including the name, address, and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State without delay upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party Liaison to the Secretary of State.
(b)As soon as practicable after the presidential primary election, the Secretary of State shall prepare a certified list, by county, of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county no later than 45 days following the presidential primary election. This list shall be maintained for public inspection by the registrars of voters in each county until a subsequent list is received.
(c)The Secretary of State, no later than 45 days following the presidential primary election, shall send a notice by mail to each of the elected members of county councils that informs the person that she or he has been elected as a member of the county council. The Secretary of State shall send a copy of the certified list of all elected members of all county councils to the Green Party Liaison to the Secretary of State.
7923.Notwithstanding any other provision of this code, a write-in candidate for member of county council shall not be declared elected unless the write-in candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the presidential primary or 20 votes, whichever is less.
4.State Coordinating Committee7924.The members of the state coordinating committee shall be elected as provided in the Green Party bylaws and shall have the responsibilities described in those bylaws.
7925.A person shall not be a member of the state coordinating committee unless she or he is registered as a voter preferring the Green Party.
7926.The state coordinating committee shall hold meetings at least once during each year.
7927.(a)The state coordinating committee shall have the authority to certify, as provided by Green Party bylaws, county council members in the following counties:
(1)Counties where no county council candidates qualified for the ballot in the preceding presidential primary election.
(2)Counties where all members of the county council have become disqualified from holding office.
(b)County council members certified pursuant to this section shall meet the qualifications otherwise required for county council members. County council members certified pursuant to this section shall be reported by the state coordinating committee to the applicable county elections officials. County council members certified under this section shall have all the powers and privileges otherwise afforded to county councils.
7928.The state coordinating committee shall communicate in writing to the Secretary of State the identity of the Green Party Liaison to the Secretary of State.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 1 of this bill shall not become operative.
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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)The Secretary of State shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
(4)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, signature and that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter. record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures, provided that any file or list of registered voters if the method of preparing and displaying the facsimiles file or list complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)The Secretary of State shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
(4)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(f)
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 2.Chapter 5 (commencing with Section 6850) is added to Part 1 of Division 6 of the Elections Code, to read:5.Green Party Presidential Primary1.General Provisions6850.This chapter applies to the presidential primary ballot of the Green Party only. As used in this chapter, Green Party means the Green Party of California.
6850.5.The Green Party presidential primary ballot shall express the presidential preference of California voters who vote in the Green Party primary. National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6850.7.A filing fee shall not be required from a person to be voted for in a Green Party presidential primary.
2.Qualification of Candidates for Presidential Preference Portion of Primary Ballot6851.The Secretary of State shall place the name of a candidate upon the Green Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated.
6851.5.On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Green Party Liaison to the Secretary of State informing her or him that, while a response is not required, any information she or he wishes to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Green Party presidential preference primary ballot pursuant to Section 6851.
6852.On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State.
6852.5.When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6851 and 6852, the Secretary of State shall notify the candidate that her or his name will appear on the Green Party presidential preference primary ballot.
6853.If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.
6853.5.An unselected candidate desiring to have her or his name placed on the presidential preference primary ballot shall have nomination papers circulated on her or his behalf. In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as preferring the Green Party equal in number to not less than 1 percent of the number of persons registered as preferring the Green Party as reflected in the report of registration issued by the Secretary of State on the 135th day before the presidential primary election.
3.Preparation, Circulation, and Filing of Nominating Papers6854.This article applies to the nomination of a Green Party candidate for the presidential primary ballot.
6854.5.Nomination papers properly prepared, circulated, signed, and verified shall be left, for examination, with the elections official of the county in which they are circulated at least 74 days before the presidential primary.
6855.Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
6855.5.A nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as preferring the Green Party are competent to sign.
6856.Each section shall be prepared with the lines for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
6856.5.A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as preferring the Green Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
6857.The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
Section ____________Page ____________
County of ______________.
Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot.
State of California
County of
ss.
SIGNERS STATEMENT
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office.
Number _____ Signature _____ Printed name _____ Residence
1._______________________________________________________
2._______________________________________________________
3._______________________________________________________
Etc.
CIRCULATORS DECLARATION
I, __________, affirm all of the following:
1. That I am 18 years of age or older.
2. That my residence address, including street number, is_______________________________________________ [If no street address exists, a designation of my residence adequate to readily ascertain its location is _______________________________.]
3. That I secured signatures in the County of _________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ___, inclusive, were made in my presence, that the signatures were obtained between _______, 20__ and _________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ________, California, this ____ day of ____, 20__.
[Signed] ______________________________
Circulator
[Printed Name] _____________________________
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON | ||
Section ____________Page ____________ | ||
County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. | ||
State of California County of |
| ss. |
SIGNERS STATEMENT | ||
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office. | ||
Number_________Signature_________Printed name_________Residence | ||
1. | ||
2. | ||
3. | ||
etc. | ||
CIRCULATORS DECLARATION | ||
I, ________, affirm all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street number, is 3.That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ________, California, this ____ day of ____, 20__. [Signed] ______________________________ Circulator [Printed Name] _____________________________ | ||
Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
6858.Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
6858.5.The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark not sufficient the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark not sufficient the name of any voter of the county who is not registered as preferring the Green Party.
6859.Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked not sufficient.
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
6859.5.The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION | ||
To the Secretary of State: | ||
I, County Elections Official of the County of ______, hereby certify that I have
examined the nomination papers, to which this certificate is attached, of the presidential candidate, and that the number of names which I have not marked not sufficient is _______. _______________________________________________________ | ||
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
4.Green Party Presidential Primary Ballot6861.Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
6861.5.For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a)The heading Presidential Candidate Preference shall be included.
(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c)The instructions to voters shall begin with the words Vote for a candidate. The instructions to voters shall also include the statement that Delegates to the national convention will be selected after the primary election.
6862.A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
5.Certification of National Convention Delegates Election and Postelection Proceedings6863.The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
6863.5.National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6.Presidential Electors6864.In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
SEC. 3.Section 6901 of the Elections Code is amended to read:6901.Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party. The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.
SEC. 4.Part 6 (commencing with Section 7900) is added to Division 7 of the Elections Code, to read:6.Green Party1.General Provisions7900.This part applies to the organization, operations, and functions of the party known as the Green Party. As used in this part, Green Party means the Green Party of California.
2.Members of County Councils7901.At each presidential primary election, members of central committees, which shall be termed county councils, shall be elected in each county.
7902.For purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political preferences transmitted by the elections officials to the Secretary of State on or before March 1 of the odd-numbered year preceding the next presidential primary election.
7903.The number of members of the county council to be elected in a county shall be a minimum of three and a maximum of 50, and the process in which each countys number shall be calculated shall be defined in the Green Partys bylaws and, to be effective, shall be communicated to the Secretary of State by the Green Party Liaison to the Secretary of State no later than 175 days before the next presidential primary election.
7904.At its first meeting following the presidential primary election and at subsequent meetings, a county council may appoint additional members to the county council to fill any vacancy.
7905.A person shall not be appointed to membership on a county council who is registered as preferring another party or registered as No Party Preference. Appointment of other persons who cannot register to vote shall be allowed under certain circumstances as described in state Green Party bylaws and any applicable county Green Party bylaws.
7906.The removal of residence by an elected or appointed member of a county council from the applicable county shall constitute automatic resignation from the county council.
7907.A member of a county council who changes her or his voter registration to no longer prefer the Green Party shall automatically be removed from office upon such registration.
7908.County council members additionally may be removed for cause by procedures established in the Green Partys bylaws.
7909.When a person is appointed to a county council, the county council shall file notices of the appointment with the county elections official and the coordinating committee of the Green Party within 30 days after the appointment is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.
7910.The Department of General Services shall permit any county council that desires to do so to hold meetings in a state building within the county, and a minimum of one meeting each month shall be without charge.
3.Election of County Councils7911.Members of county councils shall be elected from one or more multi-member districts. Multi-member Multimember districts shall conform to the county boundaries or recognized jurisdictional boundaries of Congressional, State Assembly, State Senate Senate, or Supervisorial districts within that county, in accordance with state Green Party bylaws and county Green Party bylaws.
7912.The Secretary of State, no later than the 175th day before the presidential primary election, shall compute the number of members of a county council to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Green Party Liaison to the Secretary of State.
7913.The elections official, no later than the 172nd day before the presidential primary election, shall compute the number of members of a county council to be elected in each district if the election of the members is to be by district pursuant to this chapter.
7914.In each county, the name of each candidate for member of a county council shall appear on the ballot only if she or he is registered as preferring the Green Party and has filed a nomination paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1 of Division 6, signed on the candidates behalf by Green Party voters of the county council election district in which she or he is a candidate.
7915.In counties where members of county councils are to be elected by district, a person seeking election as a member of a county council may seek election only in the district in which she or he resides.
7916.Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers for both nomination to a public office and for election as a member of a county council.
7917.Notwithstanding any other provision of this code, the number of sponsors that shall be required of a person to be a candidate for member of a county council shall be either not less than 20 sponsors, or not less than 2 percent of the number of voters registered as preferring the Green Party in the county council election district, whichever is less.
7918.Notwithstanding any other provision of this code, each sponsor is entitled to sponsor as many candidates as there are seats in the district. Candidate names listed on a single sponsors certificate, and the signatures on the certificate shall count toward the sponsor requirement of each and every candidate whose name is listed on the certificate. The number of candidates having their names on a sponsors certificate shall not exceed the number of members of a county council to be elected in the district.
7919.The elections official of each county shall include the office of member of county council and the candidates for the office in a place and manner similar to that for the office of county central committee of other political parties and the candidates for that office on the applicable official lists.
7920.The order of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921.The office of member of county council shall be placed on the presidential primary ballot under the heading Party County Council in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central committees on the presidential primary ballot shall be in substantially the following form: Member of Green Party County Council, ___the __________ District or Member of the Green Party County Council, _______ County.
7922.Except as otherwise provided in this section, the votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committees pursuant to Division 15 (commencing with Section 15000), and specifically:
(a)The final total of votes cast for each candidate for member of county council, including the name, address, and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State without delay upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party Liaison to the Secretary of State.
(b)As soon as practicable after the presidential primary election, the Secretary of State shall prepare a certified list, by county, of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county no later than 45 days following the presidential primary election. This list shall be maintained for public inspection by the registrars of voters in each county until a subsequent list is received.
(c)The Secretary of State, no later than 45 days following the presidential primary election, shall send a notice by mail to each of the elected members of county councils that informs the person that she or he has been elected as a member of the county council. The Secretary of State shall send a copy of the certified list of all elected members of all county councils to the Green Party Liaison to the Secretary of State.
7923.Notwithstanding any other provision of this code, a write-in candidate for member of county council shall not be declared elected unless the write-in candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the presidential primary or 20 votes, whichever is less.
4.State Coordinating Committee7924.The members of the state coordinating committee shall be elected as provided in the Green Party bylaws and shall have the responsibilities described in those bylaws.
7925.A person shall not be a member of the state coordinating committee unless she or he is registered as a voter preferring the Green Party.
7926.The state coordinating committee shall hold meetings at least once during each year.
7927.(a)The state coordinating committee shall have the authority to certify, as provided by Green Party bylaws, county council members in the following counties:
(1)Counties where no county council candidates qualified for the ballot in the preceding presidential primary election.
(2)Counties where all members of the county council have become disqualified from holding office.
(b)County council members certified pursuant to this section shall meet the qualifications otherwise required for county council members. County council members certified pursuant to this section shall be reported by the state coordinating committee to the applicable county elections officials. County council members certified under this section shall have all the powers and privileges otherwise afforded to county councils.
7928.The state coordinating committee shall communicate in writing to the Secretary of State the identity of the Green Party Liaison to the Secretary of State.
SEC. 5.Section 14310 of the Elections Code, as amended by Section 2 of Chapter 906 of the Statutes of 2014, is amended to read:14310.(a)At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the index of registration for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:
(1)An elections official shall advise the voter of the voters right to cast a provisional ballot.
(2)The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the provisional ballot, and a written affirmation regarding the voters registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).
(3)The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
(b)Once voted, the voters ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections officials instructions. The provisional ballot envelopes specified in this subdivision shall be a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.
(c)(1)During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2)During the official canvass, the elections official shall also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. If the signatures compare after an examination pursuant to paragraph (1) and the residence address provided matches the most current residence address on file, the ballot shall be counted. Except as provided in subparagraphs (A) and (B) and Section 14311, if the residence address provided on the provisional envelope does not match the most current residence address on file, the elections official shall review the provisional voters registration record to attempt to verify the voters registration and current residence address.
(A)If the voter provides an in-county residence address different from the residence address in the official record, the elections official shall duplicate or move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The voter shall be reregistered at the residence address provided on the provisional ballot envelope for future elections.
(B)If the voter provides a post office box or business address on the line of the provisional ballot envelope requesting the voters current residence address and, during the official canvass, the elections official independently verifies the voters residence address and the residence address is within the county where the provisional ballot was cast, the ballot shall be counted. If the ballot is counted, the elections official shall count only the races the voter is entitled to vote on, based on the voters independently verified residence address. This subparagraph does not require an elections official to attempt to independently verify a voters residence address during the official canvass.
(C)If the elections officials review is not conclusive or the voter provides an out-of-county address, the ballot shall be rejected.
(3)Provisional ballots shall not be included in any semiofficial or official canvass, except upon: (A) the elections officials establishing before the completion of the official canvass, from the records in his or her office, the claimants right to vote; or (B) the order of a superior court in the county of the voters residence. A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time before completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.
(4)The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.
(A)If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.
(B)If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.
(d)The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover if the voters provisional ballot was counted and, if not, the reason why it was not counted.
(e)The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.
(f)This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voters ballot.
(g)Any existing supply of envelopes marked special challenged ballot may be used until the supply is exhausted.
SEC. 6.Section 14310 of the Elections Code, as amended by Section 3 of Chapter 906 of the Statutes of 2014, is amended to read:14310.(a)At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the index of registration for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:
(1)An elections official shall advise the voter of the voters right to cast a provisional ballot.
(2)The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the ballot, and a written affirmation regarding the voters registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).
(3)The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
(b)Once voted, the voters ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections officials instructions. The provisional ballot envelopes specified in this subdivision shall be of a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.
(c)(1)During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2)During the official canvass, the elections official shall also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. If the signatures compare after an examination pursuant to paragraph (1) and the residence address provided matches the most current residence address on file, the ballot shall be counted. Except as provided in subparagraphs (A) and (B) and Section 14311, if the residence address provided on the provisional envelope does not match the most current residence address on file, the elections official shall review the provisional voters registration record to attempt to verify the voters registration and current residence address.
(A)If the voter provides an in-county residence address different from the residence address in the official record, the elections official shall duplicate or move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The voter shall be reregistered at the residence address provided on the provisional ballot envelope for future elections.
(B)If the voter provides a post office box or business address on the line of the provisional ballot envelope requesting the voters current residence address and, during the official canvass, the elections official independently verifies the voters residence address and the residence address is within the county where the provisional ballot was cast, the ballot shall be counted. If the ballot is counted, the elections official shall count only the races the voter is entitled to vote on, based on the voters independently verified residence address. This subparagraph does not require an elections official to attempt to independently verify a voters residence address during the official canvass.
(C)If the elections officials review is not conclusive or the voter provides an out-of-county address, the ballot shall be rejected.
(3)(A)Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions:
(i)The elections official establishes before the completion of the official canvass, from the records in his or her office, the claimants right to vote.
(ii)The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.
(iii)Upon the order of a superior court in the county of the voters residence.
(B) A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time before completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.
(4)The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.
(A)If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.
(B)If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.
(d)The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover if the voters provisional ballot was counted and, if not, the reason why it was not counted.
(e)The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.
(f)This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voters ballot.
(g)Any existing supply of envelopes marked special challenged ballot may be used until the supply is exhausted.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 1 of this bill shall not become operative.
SEC. 7.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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the tenth eighth day after the election.
(ii)Before 5 p.m. on the tenth eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any
fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot drop-off dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement. statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the 10th eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot drop-off dropoff box before the close of the polls on election day. |
(3)The Secretary of State shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
(4)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 2.Chapter 5 (commencing with Section 6850) is added to Part 1 of Division 6 of the Elections Code, to read:5.Green Party Presidential Primary1.General Provisions6850.This chapter applies to the presidential primary ballot of the Green Party only. As used in this chapter, Green Party means the Green Party of California.
6850.5.The Green Party presidential primary ballot shall express the presidential preference of California voters who vote in the Green Party primary. National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6850.7.A filing fee shall not be required from a person to be voted for in a Green Party presidential primary.
2.Qualification of Candidates for Presidential Preference Portion of Primary Ballot6851.The Secretary of State shall place the name of a candidate upon the Green Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated.
6851.5.On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Green Party Liaison to the Secretary of State informing her or him that, while a response is not required, any information she or he wishes to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Green Party presidential preference primary ballot pursuant to Section 6851.
6852.On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State.
6852.5.When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6851 and 6852, the Secretary of State shall notify the candidate that her or his name will appear on the Green Party presidential preference primary ballot.
6853.If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.
6853.5.An unselected candidate desiring to have her or his name placed on the presidential preference primary ballot shall have nomination papers circulated on her or his behalf. In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as preferring the Green Party equal in number to not less than 1 percent of the number of persons registered as preferring the Green Party as reflected in the report of registration issued by the Secretary of State on the 135th day before the presidential primary election.
3.Preparation, Circulation, and Filing of Nominating Papers6854.This article applies to the nomination of a Green Party candidate for the presidential primary ballot.
6854.5.Nomination papers properly prepared, circulated, signed, and verified shall be left, for examination, with the elections official of the county in which they are circulated at least 74 days before the presidential primary.
6855.Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
6855.5.A nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as preferring the Green Party are competent to sign.
6856.Each section shall be prepared with the lines for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
6856.5.A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as preferring the Green Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
6857.The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
Section ____________Page ____________
County of ______________.
Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot.
State of California
County of
ss.
SIGNERS STATEMENT
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Partys presidential primary ballot, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office.
Number _____ Signature _____ Printed name _____ Residence
1._______________________________________________________
2._______________________________________________________
3._______________________________________________________
Etc.
CIRCULATORS DECLARATION
I, __________, affirm all of the following:
1. That I am 18 years of age or older.
2. That my residence address, including street number, is_______________________________________________ [If no street address exists, a designation of my residence adequate to readily ascertain its location is _______________________________.]
3. That I secured signatures in the County of _________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ___, inclusive, were made in my presence, that the signatures were obtained between _______, 20__ and _________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ________, California, this ____ day of ____, 20__.
[Signed] ______________________________
Circulator
[Printed Name] _____________________________
6857.5.Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
6858.Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
6858.5.The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark not sufficient the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark not sufficient the name of any voter of the county who is not registered as preferring the Green Party.
6859.Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked not sufficient.
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
6859.5.The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION | ||
To the Secretary of State: | ||
I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which
this certificate is attached, of the presidential candidate, and that the number of names which I have not marked not sufficient is _______. _______________________________________________________ | ||
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
4.Green Party Presidential Primary Ballot6861.Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
6861.5.For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a)The heading Presidential Candidate Preference shall be included.
(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c)The instructions to voters shall begin with the words Vote for a candidate. The instructions to voters shall also include the statement that Delegates to the national convention will be selected after the primary election.
6862.A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
5.Certification of National Convention Delegates Election and Postelection Proceedings6863.The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
6863.5.National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
6.Presidential Electors6864.In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
SEC. 3.Section 6901 of the Elections Code is amended to read:6901.Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party. The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.
SEC. 4.Part 6 (commencing with Section 7900) is added to Division 7 of the Elections Code, to read:6.Green Party1.General Provisions7900.This part applies to the organization, operations, and functions of the party known as the Green Party. As used in this part, Green Party means the Green Party of California.
2.Members of County Councils7901.At each presidential primary election, members of central committees, which shall be termed county councils, shall be elected in each county.
7902.For purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political preferences transmitted by the elections officials to the Secretary of State on or before March 1 of the odd-numbered year preceding the next presidential primary election.
7903.The number of members of the county council to be elected in a county shall be a minimum of three and a maximum of 50, and the process in which each countys number shall be calculated shall be defined in the Green Partys bylaws and, to be effective, shall be communicated to the Secretary of State by the Green Party Liaison to the Secretary of State no later than 175 days before the next presidential primary election.
7904.At its first meeting following the presidential primary election and at subsequent meetings, a county council may appoint additional members to the county council to fill any vacancy.
7905.A person shall not be appointed to membership on a county council who is registered as preferring another party or registered as No Party Preference. Appointment of other persons who cannot register to vote shall be allowed under certain circumstances as described in state Green Party bylaws and any applicable county Green Party bylaws.
7906.The removal of residence by an elected or appointed member of a county council from the applicable county shall constitute automatic resignation from the county council.
7907.A member of a county council who changes her or his voter registration to no longer prefer the Green Party shall automatically be removed from office upon such registration.
7908.County council members additionally may be removed for cause by procedures established in the Green Partys bylaws.
7909.When a person is appointed to a county council, the county council shall file notices of the appointment with the county elections official and the coordinating committee of the Green Party within 30 days after the appointment is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.
7910.The Department of General Services shall permit any county council that desires to do so to hold meetings in a state building within the county, and a minimum of one meeting each month shall be without charge.
3.Election of County Councils7911.Members of county councils shall be elected from one or more multi-member districts. Multi-member districts shall conform to the county boundaries or recognized jurisdictional boundaries of Congressional, State Assembly, State Senate or Supervisorial districts within that county, in accordance with state Green Party bylaws and county Green Party bylaws.
7912.The Secretary of State, no later than the 175th day before the presidential primary election, shall compute the number of members of a county council to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Green Party Liaison to the Secretary of State.
7913.The elections official, no later than the 172nd day before the presidential primary election, shall compute the number of members of a county council to be elected in each district if the election of the members is to be by district pursuant to this chapter.
7914.In each county, the name of each candidate for member of a county council shall appear on the ballot only if she or he is registered as preferring the Green Party and has filed a nomination paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1 of Division 6, signed on the candidates behalf by Green Party voters of the county council election district in which she or he is a candidate.
7915.In counties where members of county councils are to be elected by district, a person seeking election as a member of a county council may seek election only in the district in which she or he resides.
7916.Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers for both nomination to a public office and for election as a member of a county council.
7917.Notwithstanding any other provision of this code, the number of sponsors that shall be required of a person to be a candidate for member of a county council shall be either not less than 20 sponsors, or not less than 2 percent of the number of voters registered as preferring the Green Party in the county council election district, whichever is less.
7918.Notwithstanding any other provision of this code, each sponsor is entitled to sponsor as many candidates as there are seats in the district. Candidate names listed on a single sponsors certificate, and the signatures on the certificate shall count toward the sponsor requirement of each and every candidate whose name is listed on the certificate. The number of candidates having their names on a sponsors certificate shall not exceed the number of members of a county council to be elected in the district.
7919.The elections official of each county shall include the office of member of county council and the candidates for the office in a place and manner similar to that for the office of county central committee of other political parties and the candidates for that office on the applicable official lists.
7920.The order of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921.The office of member of county council shall be placed on the presidential primary ballot under the heading Party County Council in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central committees on the presidential primary ballot shall be in substantially the following form: Member of Green Party County Council, ___the __________ District or Member of the Green Party County Council, _______ County.
7922.Except as otherwise provided in this section, the votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committees pursuant to Division 15 (commencing with Section 15000), and specifically:
(a)The final total of votes cast for each candidate for member of county council, including the name, address, and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State without delay upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party Liaison to the Secretary of State.
(b)As soon as practicable after the presidential primary election, the Secretary of State shall prepare a certified list, by county, of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county no later than 45 days following the presidential primary election. This list shall be maintained for public inspection by the registrars of voters in each county until a subsequent list is received.
(c)The Secretary of State, no later than 45 days following the presidential primary election, shall send a notice by mail to each of the elected members of county councils that informs the person that she or he has been elected as a member of the county council. The Secretary of State shall send a copy of the certified list of all elected members of all county councils to the Green Party Liaison to the Secretary of State.
7923.Notwithstanding any other provision of this code, a write-in candidate for member of county council shall not be declared elected unless the write-in candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the presidential primary or 20 votes, whichever is less.
4.State Coordinating Committee7924.The members of the state coordinating committee shall be elected as provided in the Green Party bylaws and shall have the responsibilities described in those bylaws.
7925.A person shall not be a member of the state coordinating committee unless she or he is registered as a voter preferring the Green Party.
7926.The state coordinating committee shall hold meetings at least once during each year.
7927.(a)The state coordinating committee shall have the authority to certify, as provided by Green Party bylaws, county council members in the following counties:
(1)Counties where no county council candidates qualified for the ballot in the preceding presidential primary election.
(2)Counties where all members of the county council have become disqualified from holding office.
(b)County council members certified pursuant to this section shall meet the qualifications otherwise required for county council members. County council members certified pursuant to this section shall be reported by the state coordinating committee to the applicable county elections officials. County council members certified under this section shall have all the powers and privileges otherwise afforded to county councils.
7928.The state coordinating committee shall communicate in writing to the Secretary of State the identity of the Green Party Liaison to the Secretary of State.
SEC. 5.Section 14310 of the Elections Code, as amended by Section 2 of Chapter 906 of the Statutes of 2014, is amended to read:14310.(a)At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the index of registration for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:
(1)An elections official shall advise the voter of the voters right to cast a provisional ballot.
(2)The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the provisional ballot, and a written affirmation regarding the voters registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).
(3)The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
(b)Once voted, the voters ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections officials instructions. The provisional ballot envelopes specified in this subdivision shall be a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.
(c)(1)During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2)During the official canvass, the elections official shall also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. If the signatures compare after an examination pursuant to paragraph (1) and the residence address provided matches the most current residence address on file, the ballot shall be counted. Except as provided in subparagraphs (A) and (B) and Section 14311, if the residence address provided on the provisional envelope does not match the most current residence address on file, the elections official shall review the provisional voters registration record to attempt to verify the voters registration and current residence address.
(A)If the voter provides an in-county residence address different from the residence address in the official record, the elections official shall duplicate or move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The voter shall be reregistered at the residence address provided on the provisional ballot envelope for future elections.
(B)If the voter provides a post office box or business address on the line of the provisional ballot envelope requesting the voters current residence address and, during the official canvass, the elections official independently verifies the voters residence address and the residence address is within the county where the provisional ballot was cast, the ballot shall be counted. If the ballot is counted, the elections official shall count only the races the voter is entitled to vote on, based on the voters independently verified residence address. This subparagraph does not require an elections official to attempt to independently verify a voters residence address during the official canvass.
(C)If the elections officials review is not conclusive or the voter provides an out-of-county address, the ballot shall be rejected.
(2)
(3)Provisional ballots shall not be included in any semiofficial or official canvass, except upon: (A) the elections officials establishing prior to before the completion of the official canvass, from the records in his or her office, the claimants right to vote; or (B) the order of a superior court in the county of the voters residence. A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time prior to before completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.
(3)
(4)The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.
(A)If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.
(B)If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.
(d)The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover whether if the voters provisional ballot was counted and, if not, the reason why it was not counted.
(e)The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.
(f)This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voters ballot.
(g)Any existing supply of envelopes marked special challenged ballot may be used until the supply is exhausted.
SEC. 6.Section 14310 of the Elections Code, as amended by Section 3 of Chapter 906 of the Statutes of 2014, is amended to read:14310.(a)At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the index of registration for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:
(1)An elections official shall advise the voter of the voters right to cast a provisional ballot.
(2)The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the ballot, and a written affirmation regarding the voters registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).
(3)The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
(b)Once voted, the voters ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections officials instructions. The provisional ballot envelopes specified in this subdivision shall be of a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.
(c)(1)During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voters affidavit of registration or other signature in the voters registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2)During the official canvass, the elections official shall also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. If the signatures compare after an examination pursuant to paragraph (1) and the residence address provided matches the most current residence address on file, the ballot shall be counted. Except as provided in subparagraphs (A) and (B) and Section 14311, if the residence address provided on the provisional envelope does not match the most current residence address on file, the elections official shall review the provisional voters registration record to attempt to verify the voters registration and current residence address.
(A)If the voter provides an in-county residence address different from the residence address in the official record, the elections official shall duplicate or move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The voter shall be reregistered at the residence address provided on the provisional ballot envelope for future elections.
(B)If the voter provides a post office box or business address on the line of the provisional ballot envelope requesting the voters current residence address and, during the official canvass, the elections official independently verifies the voters residence address and the residence address is within the county where the provisional ballot was cast, the ballot shall be counted. If the ballot is counted, the elections official shall count only the races the voter is entitled to vote on, based on the voters independently verified residence address. This subparagraph does not require an elections official to attempt to independently verify a voters residence address during the official canvass.
(C)If the elections officials review is not conclusive or the voter provides an out-of-county address, the ballot shall be rejected.
(2)
(3)(A)Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions:
(i)The elections official establishes prior to before the completion of the official canvass, from the records in his or her office, the claimants right to vote.
(ii)The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.
(iii)Upon the order of a superior court in the county of the voters residence.
(B) A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time prior to before completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.
(3)
(4)The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.
(A)If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.
(B)If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.
(d)The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover whether if the voters provisional ballot was counted and, if not, the reason why it was not counted.
(e)The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.
(f)This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voters ballot.
(g)Any existing supply of envelopes marked special challenged ballot may be used until the supply is exhausted.
SEC. 2.SEC. 7.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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, signature and that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or a previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter. record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter completes and submits a vote by mail ballot affidavit before 5 p.m. on the day before the election, in accordance with the following: does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the tenth day after the election.
(A)The voter shall complete a vote by mail ballot affidavit
(ii)Before 5 p.m. on the tenth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
VOTE BY MAIL BALLOT AFFIDAVITUNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one
ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this affidavit statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot drop-off box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the vote by mail ballot affidavit, unsigned ballot statement. the elections official shall compare the voters signature on the affidavit statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the vote by mail ballot affidavit unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the vote by mail ballot affidavit unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your affidavit statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the 10th day before after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the affidavit statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed affidavit statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed affidavit statement by facsimile transmission or by e-mail delivery to your local elections official. If submitting by e-mail delivery, please provide the affidavit as an attachment. official, or submit your completed statement to a polling place within the county or a ballot drop-off box before the close of the polls on election day. |
(3)The Secretary of State shall include the vote by mail ballot affidavit unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses, electronic mail addresses, addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the affidavit statement and instructions.
(4)An elections official shall include the vote by mail ballot affidavit unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address, electronic mail address, address and facsimile transmission number on the Internet Web page containing the affidavit statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
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.
(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any a previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any a previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures, provided that signatures if the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter completes and submits a vote by mail ballot affidavit before 5 p.m. on the day before the election, in accordance with the following:
(A)The voter shall complete a vote by mail ballot affidavit in substantially the following form:
VOTE BY MAIL BALLOT AFFIDAVIT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this affidavit means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(B)Upon receipt of the vote by mail ballot affidavit, the elections official shall compare the voters signature on the affidavit in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the vote by mail ballot affidavit to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(2)Instructions shall accompany the vote by mail ballot affidavit in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your affidavit should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the day before the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the affidavit into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed affidavit to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed affidavit by facsimile transmission or by e-mail delivery to your local elections official. If submitting by e-mail delivery, please provide the affidavit as an attachment. |
(3)The Secretary of State shall include the vote by mail ballot affidavit and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing addresses, electronic mail addresses, and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the affidavit and instructions.
(4)An elections official shall include the vote by mail ballot affidavit and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address, electronic mail address, and facsimile transmission number on the Internet Web page containing the affidavit and instructions.
(f)
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
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.
|
Date
|
Status
|
|---|---|
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Oct 10, 2015 | Chaptered by Secretary of State - Chapter 726, Statutes of 2015. |
| Oct 10, 2015 | Approved by the Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 30.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 30. Page 3086.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 2.) (September 9). |
| Sep 4, 2015 | Re-referred to Com. on E. & R. pursuant to Assembly Rule 77.2. |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 14. Page 2484.). |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 3, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 2, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27). |
| Feb 23, 2015 | Read first time. To print. |
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jul 1, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 24, 2015 | In committee: Hearing postponed by committee. |
| Jun 8, 2015 | In committee: Hearing postponed by committee. |
| May 28, 2015 | Referred to Com. on E. & C.A. |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 29. Page 1430.) |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 14, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to third reading. |
| Apr 29, 2015 | From committee: Do pass. (Ayes 12. Noes 5.) (April 29). |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 15). Re-referred to Com. on APPR. |
| Apr 9, 2015 | Re-referred to Com. on E. & R. |
| Apr 8, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Mar 5, 2015 | Referred to Com. on E. & R. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 477 MULLIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| Sep 3, 2015 | Assembly 3rd Reading AB477 Mullin By Allen | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 14, 2015 | AB 477 MULLIN Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Sep 3, 2015 |
| California Common Cause | ** Support | Sep 3, 2015 |
| California Forward Action Fund | ** Support | Sep 3, 2015 |
| California Voter Foundation | ** Support | Sep 10, 2015 |
| Green Party of California | ** Support | Sep 3, 2015 |
| League Of Women Voters Of California | ** Support | Sep 3, 2015 |
| Los Angeles County Board of Supervisors | ** Support | Sep 3, 2015 |
| Secretary of State Alex Padilla | ** Support | Sep 3, 2015 |
| VerifiedVoting.org | ** Support | Sep 10, 2015 |
AB 477
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 477
(Mullin)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
50-29 |
(May 14, 2015) |
SENATE: |
26-14 |
(September 3, 2015) |
COMMITTEE VOTE: |
4-2 |
(September 9, 2015) |
RECOMMENDATION: |
concur |
(E. & R.)
Original Committee Reference: E. & R.
SUMMARY: Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to complete and sign an unsigned ballot statement up to eight days after the election, as specified, in order to have his or her ballot counted. Specifically, this bill:
Prohibits an elections official, if he or she determines that a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the 8th day after the election;
Before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified; or,
Before the polls close on Election Day, completes and submits an unsigned ballot statement to a polling place within the county or ballot dropoff box.
Requires an elections official, if timely submitted, to accept any completed unsigned ballot statement. Requires an elections official, upon receipt of the unsigned ballot statement, to compare the voter's signature on the statement in the manner provided by current law.
Permits an elections official to use methods other than those described above to obtain a voter's signature on an unsigned identification envelope.
Requires instructions to accompany the unsigned ballot statement, as specified.
Allows an elections official to compare the signature on a VBM ballot identification envelope with a signature appearing on any form issued by the elections official that contains the voter's signature and that is part of the voter's registration record, instead of providing that an elections official may make a determination of whether the signature on a voter's VBM ballot identification envelope compares to the voter's registration record by reviewing a series of signatures appearing on official forms in the voter’s registration record that have been determined to compare, and that demonstrates the progression of the voter's signature.
The Senate amendments:
Decrease the number of days that a voter has to complete and sign an unsigned ballot statement from 10 days after the election to eight days after the election.
Delete provisions of the bill that required the Secretary of State (SOS) to include the unsigned ballot statement and instructions on his or her Internet Web site, as specified.
Establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, as specified, and establish a Green Party state coordinating committee, as specified.
Add double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session.
Make other technical and non-substantive changes.
FISCAL EFFECT: According to the Senate Appropriations Committee:
1) This bill would likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
2) Costs to the SOS would be minor and absorbable.
COMMENTS: According to the author, "AB 477 will reduce the number of legitimate vote-by-mail ballots that are rejected, ensuring that fewer voters are disenfranchised. California has one of the highest ballot rejection rates in the country, which is especially disconcerting because vote-by-mail ballot use has increased rapidly in recent years, with 60 percent of voters casting their ballots by mail in last November's general election."
The University of California Davis California Civic Engagement Project conducted a statewide survey of California's 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50% of California's voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately 1% of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
This bill prohibits an elections official, if a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot, as specified. Additionally, this bill creates a new process that permits a voter to either sign the identification envelope of his or her VBM ballot at the elections official's office or complete and submit an unsigned ballot statement before 5 p.m. on the 8th day after the election, as specified. If the voter chooses to complete and submit an unsigned ballot statement, this bill requires that the unsigned ballot statement be mailed or delivered to the elections official’s office before 5 p.m. on the 8th day after election day or, alternatively, dropped off at a polling place or in a dropoff box within the county the voter is registered before the polls close on election day.
The Senate amendments establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, as specified, and establish a Green Party state coordinating committee, as specified. These amendments are similar provisions of law that are already in place for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party. In addition, the amendments add double-jointing language to avoid chaptering problems with AB 1020 and make other non-substantive technical changes.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002320
AB 477
Page 6
Date of Hearing: September 9, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 477 (
Mullin) – As Amended September 1, 2015
CONCURRENCE IN SENATE AMENDMENTS
ASSEMBLY: |
50-29 |
(May 14, 2015) |
SENATE: |
26-14 |
(September 3, 2015) |
SUBJECT:
Elections: ballots and the Green Party.
SUMMARY: Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to complete and sign an unsigned ballot statement up to eight days after the election, as specified, in order to have his or her ballot counted. Specifically, this bill:
Prohibits an elections official, if he or she determines that a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the 8th day after the election;
Before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified; or,
Before the polls close on election day, completes and submits an unsigned ballot statement to a polling place within the county or ballot dropoff box.
Requires an elections official, if timely submitted, to accept any completed unsigned ballot statement. Requires an elections official, upon receipt of the unsigned ballot statement, to compare the voter’s signature on the statement in the manner provided by current law.
Permits an elections official to use methods other than those described above to obtain a voter's signature on an unsigned identification envelope.
Requires instructions to accompany the unsigned ballot statement, as specified.
Allows an elections official to compare the signature on a VBM ballot identification envelope with a signature appearing on any form issued by the elections official that contains the voter’s signature and that is part of the voter's registration record, instead of providing that an elections official may make a determination of whether the signature on a voter's VBM ballot identification envelope compares to the voter's registration record by reviewing a series of signatures appearing on official forms in the voter’s registration record that have been determined to compare, and that demonstrates the progression of the voter’s signature.
The
Senate amendments:
Decrease the number of days that a voter has to complete and sign an unsigned ballot statement from 10 days after the election to eight days after the election.
Delete provisions of the bill that required the Secretary of State (SOS) to include the unsigned ballot statement and instructions on his or her Internet Web site, as specified.
Establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, as specified, and establish a Green Party state coordinating committee, as specified.
Add double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session.
Make other technical and non-substantive changes.
EXISTING LAW:
Requires a county elections official, upon receiving a VBM ballot, to compare the signatures
on the envelope with either of the following:
The signature appearing on any previous affidavit of registration of the voter; or,
The signature appearing on a form issued by an elections official that contains the voter's signature, that is part of the voter's registration record, and that the elections official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter.
Permits an elections official to make the determination of whether a signature on a VBM ballot compares with the signatures on file for that voter by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrate the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.
Permits a county elections official to use the duplicate file of affidavits of registered voters or facsimiles of voters’ signatures when determining from the records of registration if the signature and residence address compare, as specified.
Provides that if the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. Requires the cause of the rejection to be written on the face of the identification envelope.
Authorizes an elections official, in comparing signatures, to use signature verification technology. Prohibits an elections official, if the signature verification technology determines the signatures do not compare, from rejecting the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
Allows VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified.
Provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary. Authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to elect county central committees and establish state central committees, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee:
1) This bill would likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
2) Costs to the
SOS would be minor and absorbable.
COMMENTS:
Prior Committee Consideration of this Measure: In April, this committee considered and approved this measure on a 4-2 vote. At the time, this bill allowed a voter who failed to sign his or her VBM identification envelope to complete and sign an unsigned ballot statement up to ten days after the election, as specified, in order to have his or her ballot counted. Subsequent to the committee's approval of this measure, it was amended in the Senate to add provisions that establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, and establish a Green Party state coordinating committee, among other changes. As a result, this bill has been re-referred to this committee for further consideration pursuant to Assembly Rule 77.2.
Purpose of the Bill: According to the author:
AB 477 will reduce the number of legitimate vote-by-mail ballots that are rejected, ensuring that fewer voters are disenfranchised. California has one of the highest ballot rejection rates in the country, which is especially disconcerting because vote-by-mail ballot use has increased rapidly in recent years, with 60 percent of voters casting their ballots by mail in last November’s general election. With such high usage rates, it is imperative the state do everything possible to minimize the number of discarded legitimate ballots.
69,000 ballots were rejected in the 2012 general election. About one-quarter of vote-by-mail ballots were thrown out because the signature on the ballot envelope did not match the signature on record. With the advent of online voter registration, many voters’ signatures are pulled from their Department of Motor Vehicles file. In many cases, this signature is out of date or the voter was unable to sign clearly because they used an electronic signature pad. AB 477 would reduce the number of ballots thrown out because of mismatching signatures by allowing elections officials to use other signatures in a voter’s registration record to verify vote-by-mail envelopes.
In addition, about 17 percent of ballots are not counted because the voter failed to sign his or her ballot envelope altogether. To remedy this, AB 477 allows elections officials to collect a voter’s signature on a separate form, signed under penalty of perjury. This policy has been successfully implemented in both Florida and Colorado. Lastly, the bill also incorporates another successful Colorado law by allowing elections officials to collect signatures on unsigned ballots after Election Day.
Vote By Mail Ballot Rejection: The UC Davis California Civic Engagement Project conducted a statewide survey of California’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50 percent of California’s voters chose to cast their ballot using a VBM ballot. This totaled 6.6 million ballots. However, approximately one percent of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
In an effort to remedy the significant VBM ballot rejection rate, last session the Legislature approved and Governor Brown signed SB 29 (Correa), Chapter 618, Statutes of 2014, which allowed VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified. The signing and implementation of SB 29 (Correa), was ground breaking as it represented the first time that California state law explicitly has allowed any ballot which was received after election day to be counted.
According to the author’s statement, the goal of this bill is to
address those VBM ballots that arrive with no signature. This bill
will help remedy this problem by prohibiting an elections official,
if a voter has failed to sign the VBM identification envelope, from
rejecting the VBM ballot, as specified. This bill creates a new
process that permits a voter to either sign the identification
envelope of his or her VBM ballot at the elections official’s
office or complete and submit an unsigned ballot statement before 5
p.m. on the 8th day after the election, as specified. If the voter
chooses to complete and submit an unsigned ballot statement, this
bill requires that the unsigned ballot statement be mailed or
delivered to the elections official’s office before 5 p.m. on the
8th day after election day or, alternatively, dropped off at a
polling place or in a dropoff box within the county the voter is
registered before the polls close on election day.
Current Procedures for Processing Unsigned VBM Ballots: Current law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the UC Davis California Civic Engagement Project survey referenced above, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available. While this bill sets up a new process that will help ensure that a voter who votes by mail and forgets to sign his or her VBM ballot has an opportunity to ensure their ballot is counted, one major issue remains unresolved - county elections officials will still face similar challenges when attempting to contact a voter to alert them of a missing signature.
On the other hand, because phone numbers and emails are difficult for
an elections official to obtain, mail is usually the only available
recourse when contacting a voter. This bill, which permits an
unsigned ballot statement to be received by an elections official
eight days after election day, will, theoretically, provide county
elections officials with more time to alert a voter of their unsigned
VBM ballot and allow a voter time to correct the lack of signature on
the VBM identification envelope.
Florida and Colorado Laws: According to the author, this bill was partially inspired by election laws in Florida and Colorado. Florida law requires an election supervisor, until 5 p.m. on the day before an election, to allow a voter who has returned an unsigned absentee ballot to complete and submit an affidavit in order to cure the unsigned absentee ballot, as specified. This bill mirrors some aspects of Florida's law and prohibits an elections official, if a voter has failed to sign his or her VBM identification envelope, from rejecting the VBM ballot. Specifically, this bill permits the voter to complete and submit an unsigned ballot statement to the elections official, as specified.
This bill also incorporates components of a Colorado election law pertaining to unsigned mail or provisional ballots. Colorado requires an elections official, if a mail or provisional ballot return envelope lacks a signature, to contact the voter in writing no later than two calendar days after election day. Colorado requires an elections official to send a letter to the voter informing the voter that he or she must sign and return a Signature Affidavit Form in person or by mail, facsimile, or email no later than eight days after the election. This bill contains similar provisions and requires a voter to complete and submit an unsigned ballot statement in person or by mail or fax, not email, by the 5 p.m. on the 8th day after election day.
Green Party: Current law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary. In addition, existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees and establish state central committees, as specified. Similarly, this bill establishes procedures for the Green Party to participate in the presidential primary and authorizes the Green Party to establish county councils by election and to establish a state coordinating committee, as specified.
Arguments in Support: In support of this bill, the California Voter Foundation, writes:
Last
year the [California Voter Foundation] published a first-of-its-kind,
in-depth study of three counties’ vote-by-mail programs,
identifying differences between these programs and recommending
improvements that can be implemented so that more mail ballots that
are cast can be counted. Our study found that two counties –
Sacramento and Orange – when voters fail to sign their VBM
envelope, the voter is contacted and urged to come to the election
office and sign the envelope there. In the third county studied –
Santa Cruz – ballots that lack a signature are mailed back to the
voter to be signed and re-submitted, creating some confusion as to
whether new postage needs to be affixed to the VBM envelope. By
providing an additional method for county registrars to collect a VBM
voter’s missing signature, [AB 477] will help increase the VBM
ballot success rate.
Previous Legislation: AB 1135 (Mullin), Chapter 271, Statutes of 2013, expands the list of documents a county elections official may use to compare to the signature on a VBM ballot identification envelope, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
California Voter Foundation
VerifiedVoting.org
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
AB 477
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 477
(Mullin)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
50-29 |
(May 14, 2015) |
SENATE: |
26-14 |
(September 3, 2015) |
Original Committee Reference: E. & R.
SUMMARY: Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to complete and sign an unsigned ballot statement up to eight days after the election, as specified, in order to have his or her ballot counted. Specifically, this bill:
Prohibits an elections official, if he or she determines that a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the 8th day after the election;
Before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified; or,
Before the polls close on election day, completes and submits an unsigned ballot statement to a polling place within the county or ballot dropoff box.
Requires an elections official, if timely submitted, to accept any completed unsigned ballot statement. Requires an elections official, upon receipt of the unsigned ballot statement, to compare the voter’s signature on the statement in the manner provided by current law.
Permits an elections official to use methods other than those described above to obtain a voter's signature on an unsigned identification envelope.
Requires instructions to accompany the unsigned ballot statement, as specified.
Allows an elections official to compare the signature on a VBM ballot identification envelope with a signature appearing on any form issued by the elections official that contains the voter’s signature and that is part of the voter's registration record, instead of providing that an elections official may make a determination of whether the signature on a voter's VBM ballot identification envelope compares to the voter's registration record by reviewing a series of signatures appearing on official forms in the voter’s registration record that have been determined to compare, and that demonstrates the progression of the voter’s signature.
The Senate amendments:
Establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, as specified, and establish a Green Party state coordinating committee, as specified.
Decrease the number of days that a voter has to complete and sign an unsigned ballot statement from 10 days after the election to eight days after the election.
Delete provisions of the bill that required the Secretary of State (SOS) to include the unsigned ballot statement and instructions on his or her Internet Web site, as specified.
Add double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session.
Make other technical and non-substantive changes.
FISCAL EFFECT: According to the Senate Appropriations Committee:
This bill would likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
Costs to the SOS would be minor and absorbable.
COMMENTS: According to the author, "AB 477 will reduce the number of legitimate vote-by-mail ballots that are rejected, ensuring that fewer voters are disenfranchised. California has one of the highest ballot rejection rates in the country, which is especially disconcerting because vote-by-mail ballot use has increased rapidly in recent years, with 60 percent of voters casting their ballots by mail in last November's general election."
The University of California, Davis California Civic Engagement Project conducted a statewide survey of California's 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50% of California's voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately 1% of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
This bill prohibits an elections official, if a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot, as specified. Additionally, this bill creates a new process that permits a voter to either sign the identification envelope of his or her VBM ballot at the elections official’s office or complete and submit an unsigned ballot statement before 5 p.m. on the 8th day after the election, as specified. If the voter chooses to complete and submit an unsigned ballot statement, this bill requires that the unsigned ballot statement be mailed or delivered to the elections official’s office before 5 p.m. on the 8th day after election day or, alternatively, dropped off at a polling place or in a dropoff box within the county the voter is registered before the polls close on election day.
The Senate amendments establish procedures for the Green Party to participate in the presidential primary, authorize the Green Party to establish county councils by election, as specified, and establish a Green Party state coordinating committee, as specified. In addition, the amendments add double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session and make other non-substantive technical changes.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002019
AB 477
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 477
Amended: 9/1/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 50-29, 5/14/15 - See last page for vote
SUBJECT: Elections: ballots and the Green Party
DIGEST: This bill allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to sign a statement up to 8 days after the election, as specified, in order to have his or her ballot counted; establishes procedures for the Green Party to participate in the presidential primary, a process for establishing county councils; and, contains double jointing language with AB 1020 (Ridley-Thomas).
Senate Floor Amendments of 9/1/15 address the potential for voter confusion by eliminating redundant information provided by both the Secretary of State and a county elections official.
Existing law as it relates to comparing of signatures on VBM ballots:
Requires a county elections official, upon receiving a VBM ballot, to compare the signatures on the identification envelope with either of the following:
The signature appearing on any previous affidavit of registration of the voter; or,
The signature appearing on a form issued by an election official that contains the voter's signature, that is part of the voter's registration record, and that the election official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter.
Permits an elections official to make the determination of whether a signature on a VBM ballot compares with the signatures on file for that voter by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrate the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.
Permits a county election official to use the duplicate file of affidavits of registered voters or facsimiles of voters’ signatures when determining from the records of registration if the signature and residence address compare.
Provides that if the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. Requires the cause of the rejection to be written on the face of the identification envelope.
Authorizes an election official, in comparing signatures, to use signature verification technology. Prohibits an election official, if the signature verification technology determines the signatures does not compare, from rejecting the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
Allows VBM ballots to be counted if they are cast by Election Day and received by the elections official by mail no later than three days after the election, as specified.
Existing law generally provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary; authorizes the Democratic Party, the Republican Party, the American Independent Party and the Peace and Freedom Party to each elect county central committees, and also establish state central committees.
This bill:
VBM Ballots
Provides that an elections official may validate the signature on the identification envelope with the signature appearing on any form issued by an elections official that contains the voter’s signature that is part of the voter’s registration record instead of having to compare the signature to a series of signatures that demonstrates the progression of the voter’s signature.
Requires if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
Before 5 p.m. on the eighth day after the election, completes and submits an “unsigned ballot statement” in substantially the following form (and signed under penalty of perjury):
“UNSIGNED BALLOT STATEMENT
I, am a registered voter of __________ County,
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
Voter’s Signature_________________
Address”________________________
Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause b), to a polling place within the county or a ballot dropoff box.
If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voter’s signature on the statement in the manner provided.
If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
An elections official may use methods other than those described above to obtain a voter’s signature on an unsigned identification envelope.
Instructions shall accompany the unsigned ballot statement in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election.
You must sign your name on the line above (Voter’s Signature).
Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct.
Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.”
Requires an elections official to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide the elections official’s mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
Provides that a ballot shall not be removed from its identification envelope until the time for processing ballots. And further provides a ballot shall not be rejected for cause after the identification envelope has been opened.
Green Party Provisions
Establishes the procedures by which the Green Party would participate in the presidential primary.
Authorizes the Green Party to establish county councils by election.
Establishes a Green Party state coordinating committee.
Miscellaneous
Contains double jointing language with AB 1020 (Ridley-Thomas), and makes other technical and conforming changes.
Background
Vote By Mail Ballot Rejection: The UC Davis California Civic Engagement Project conducted a statewide survey of California’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50 percent of California’s voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately one percent of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
In an effort to remedy the significant VBM ballot rejection rate, last session the Legislature approved and Governor Brown signed SB 29 (Correa, Chapter 618, Statutes of 2014) which allowed VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified. The signing and implementation of SB 29 (Correa), was ground breaking as it represented the first time that California state law explicitly has allowed any ballot which was received after election day to be counted.
Current Procedures for Processing Unsigned VBM Ballots: Existing law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the UC Davis California Civic Engagement Project survey referenced above, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available.
Comments
According
to the author, AB 477 will reduce the number of legitimate
vote-by-mail ballots that are rejected, ensuring that fewer voters
are disenfranchised. California has one of the highest ballot
rejection rates in the country, which is especially disconcerting
because vote-by-mail ballot use has increased rapidly in recent
years, with 60 percent of voters casting their ballots by mail in
last November’s general election. With such high usage rates, it
is imperative the state do everything possible to minimize the number
of discarded legitimate ballots.
In
total, about 17 percent of ballots are not counted because the voter
failed to sign his or her ballot envelope. To remedy this, AB 477
allows elections officials to collect a voter’s signature on a
separate form, signed under penalty of fraud. This policy has been
successfully implemented in both Florida and Colorado. Lastly, the
bill also incorporates another successful Colorado law by allowing
elections officials to collect signatures on unsigned ballots after
Election Day.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
The bill would likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
Costs to the Secretary of State would be minor and absorbable.
Secretary of State Alex Padilla
California Association of Clerks and Election Officials
California Common Cause
California Forward Action Fund
California Voter Foundation
Green Party of California
Los Angeles County Board of Supervisors
League of Women Voters of California
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 50-29, 5/14/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooley, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron
NO VOTE RECORDED: Roger Hernández
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
8/30/15 19:17:13
**** END ****
AB 477
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 477
Amended: 8/31/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATION COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 50-29, 5/14/15 - See last page for vote
SUBJECT: Elections: ballots and the Green Party
DIGEST: This bill allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to sign a statement up to 8 days after the election, as specified, in order to have his or her ballot counted; establishes procedures for the Green Party to participate in the presidential primary, a process for establishing county councils; and, contains double jointing language with AB 1020 (Ridley-Thomas).
Existing law as it relates to comparing of signatures on VBM ballots:
Requires a county elections official, upon receiving a VBM ballot, to compare the signatures on the identification envelope with either of the following:
The signature appearing on any previous affidavit of registration of the voter; or,
The signature appearing on a form issued by an election official that contains the voter's signature, that is part of the voter's registration record, and that the election official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter.
Permits an elections official to make the determination of whether a signature on a VBM ballot compares with the signatures on file for that voter by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrate the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.
Permits a county election official to use the duplicate file of affidavits of registered voters or facsimiles of voters’ signatures when determining from the records of registration if the signature and residence address compare.
Provides that if the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. Requires the cause of the rejection to be written on the face of the identification envelope.
Authorizes an election official, in comparing signatures, to use signature verification technology. Prohibits an election official, if the signature verification technology determines the signatures does not compare, from rejecting the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
Allows VBM ballots to be counted if they are cast by Election Day and received by the elections official by mail no later than three days after the election, as specified.
Existing law generally provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary; authorizes the Democratic Party, the Republican Party, the American Independent Party and the Peace and Freedom Party to each elect county central committees, and also establish state central committees.
This bill:
VBM Ballots
Provides that an elections official may validate the signature on the identification envelope with the signature appearing on any form issued by an elections official that contains the voter’s signature that is part of the voter’s registration record instead of having to compare the signature to a series of signatures that demonstrates the progression of the voter’s signature.
Requires if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
Before 5 p.m. on the eighth day after the election, completes and submits an “unsigned ballot statement” in substantially the following form (and signed under penalty of perjury):
“UNSIGNED BALLOT STATEMENT
I, am a registered voter of __________ County,
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
Voter’s Signature_________________
Address”________________________
Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause b), to a polling place within the county or a ballot dropoff box.
If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voter’s signature on the statement in the manner provided.
If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
An elections official may use methods other than those described above to obtain a voter’s signature on an unsigned identification envelope.
Instructions shall accompany the unsigned ballot statement in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election.
You must sign your name on the line above (Voter’s Signature).
Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct.
Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.”
Requires the Secretary of State (SOS) to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
Requires an elections official to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide the elections official’s mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
Provides that a ballot shall not be removed from its identification envelope until the time for processing ballots. And further provides a ballot shall not be rejected for cause after the identification envelope has been opened.
Green Party Provisions
Establishes the procedures by which the Green Party would participate in the presidential primary.
Authorizes the Green Party to establish county councils by election.
Establishes a Green Party state coordinating committee.
Miscellaneous
Contains double jointing language with AB 1020 (Ridley-Thomas), and makes other technical and corresponding changes.
Background
Vote By Mail Ballot Rejection: The UC Davis California Civic Engagement Project conducted a statewide survey of California’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50 percent of California’s voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately one percent of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
In an effort to remedy the significant VBM ballot rejection rate, last session the Legislature approved and Governor Brown signed SB 29 (Correa, Chapter 618, Statutes of 2014) which allowed VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified. The signing and implementation of SB 29 (Correa), was ground breaking as it represented the first time that California state law explicitly has allowed any ballot which was received after election day to be counted.
Current Procedures for Processing Unsigned VBM Ballots: Existing law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the UC Davis California Civic Engagement Project survey referenced above, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available.
Comments
According
to the author, AB 477 will reduce the number of legitimate
vote-by-mail ballots that are rejected, ensuring that fewer voters
are disenfranchised. California has one of the highest ballot
rejection rates in the country, which is especially disconcerting
because vote-by-mail ballot use has increased rapidly in recent
years, with 60 percent of voters casting their ballots by mail in
last November’s general election. With such high usage rates, it
is imperative the state do everything possible to minimize the number
of discarded legitimate ballots.
In
total, about 17 percent of ballots are not counted because the voter
failed to sign his or her ballot envelope. To remedy this, AB 477
allows elections officials to collect a voter’s signature on a
separate form, signed under penalty of fraud. This policy has been
successfully implemented in both Florida and Colorado. Lastly, the
bill also incorporates another successful Colorado law by allowing
elections officials to collect signatures on unsigned ballots after
Election Day.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
The bill would likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
Costs to the Secretary of State would be minor and absorbable.
Secretary of State Alex Padilla
California Association of Clerks and Election Officials
California Common Cause
California Forward Action Fund
California Voter Foundation
Green Party of California
Los Angeles County Board of Supervisors
League of Women Voters of California
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 50-29, 5/14/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooley, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron
NO VOTE RECORDED: Roger Hernández
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
8/30/15 19:17:13
**** END ****
AB 477 (Mullin) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 477 (Mullin) - Elections: ballots and the Green Party
|
|
Version: July 1, 2015 |
Policy Vote: E. & C.A. 4 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Robert Ingenito |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 477 would (1) allow voters who failed to sign their vote by mail (VBM) identification envelope to sign a statement up to eight days after the election, as specified, in order to have their ballot counted, and (2) establish procedures for the Green Party to participate in the presidential primary, and authorize the Green Party to establish county councils by election.
Fiscal Impact:
The bill would result likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
Costs to the Secretary of State would be minor and absorbable.
Author Amendments:
Remove provisional ballot address comparison language, include double-jointing language for AB 1020.
-- END --
AB 477 (Mullin) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 477 (Mullin) - Elections: ballots and the Green Party.
|
|
Version: July 1, 2015 |
Policy Vote: E. & C.A. 4 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Robert Ingenito |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 477 would (1) allow voters who failed to sign their vote by mail (VBM) identification envelope to sign a statement up to eight days after the election, as specified, in order to have their ballot counted, and (2) establish procedures for the Green Party to participate in the presidential primary, and authorize the Green Party to establish county councils by election.
Fiscal Impact:
The bill would result likely result in state reimbursable costs to local elections officials, potentially exceeding $50,000 (General Fund).
Costs to the Secretary of State would be minor and absorbable.
Background:
The UC Davis California Civic Engagement Project conducted a statewide survey the State’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. In 2012, for the first time in a statewide general election, over 50 percent of California’s voters (6.6 million ballots) chose to cast their ballot via VBM. However, approximately one percent of those VBM ballots received were rejected during ballot processing, amounting to roughly 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top reasons for VBM ballot rejection.
About one-quarter of VBM ballots were thrown out because the signature on the ballot envelope did not match the signature on record. With the advent of online voter registration, many voters’ signatures are pulled from their Department of Motor Vehicles file. In many cases, this signature is out of date or the voter was unable to sign clearly because they used an electronic signature pad. In addition, about 17 percent of ballots are not counted because the voter failed to sign his or her ballot envelope altogether.
Current law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the survey, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available.
In the November 2014 General Election for a Chula Vista City Council race, the winning candidate won by two votes. A legal challenge by the opponent was filed contending the Registrar of Voters (ROV) incorrectly rejected 10 provisional ballots declared ineligible during review. Specifically at issue is how some provisional ballots are handled. In the Chula Vista race, the 10 provisional ballots that the ROV declared ineligible involved voters writing down an address other than their residential address.
Proposed Law:
This bill would provide remedies to VBM voters who fail to sign their VBM identification envelope. Specifically, this bill would, among other things, do the following:
Prohibit an elections official from rejecting the ballot of a VBM voter who has failed to sign their VBM identification envelope if the voter, by 5:00 p.m. on the 8th day after the election, either (1) signs the identification envelope at the elections official's office, or (2) completes and submits an unsigned ballot statement, as specified.
Require the elections official to compare the signatures provided in the manner required under current law and to accept the VBM ballot if the signatures compare.
Require SOS to include the unsigned ballot statement and instructions on the SOS website along with contact information for elections officials.
Related Legislation:
AB 1135 (Chapter 271, Statutes of 2013, Mullin) is similar to the provision on signature comparison on VBM’s as it allows elections officials to use other documents to verify a voter’s signature, as long as the signatures show a progression over time.
Staff Comments:
The bill would impose new duties on county elections officials, thereby creating a reimbursable state mandate of unknown costs.
AB 477 (Mullin) Page 8 of 8
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 477 Hearing Date: 7/7/15
Author: |
Mullin |
||
Version: |
7/1/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Frances Tibon Estoista |
||
Subject: Elections: ballots, Green Party presidential primary delegate procedures
DIGEST
This bill does the following:
Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to sign a statement up to 8 days after the election, as specified, in order to have his or her ballot counted;
Establishes procedures for the Green Party to participate in the presidential
primary, a process for establishing county councils; and,
Establishes a verification process for election officials relating to provisional ballots.
ANALYSIS
Existing law as it relates to comparing of signatures on VBM ballots:
1) Requires a county elections official, upon receiving a VBM ballot, to compare the signatures on the identification envelope with either of the following:
a) The signature appearing on any previous affidavit of registration
of the voter; or,
b) The signature appearing on a form issued by an election official that contains the voter's signature, that is part of the voter's registration record, and that the election official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter.
2) Permits an elections official to make the determination of whether a signature on a VBM ballot compares with the signatures on file for that voter by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrate the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.
3) Permits a county election official to use the duplicate file of affidavits of registered voters or facsimiles of voters’ signatures when determining from the records of registration if the signature and residence address compare.
4) Provides that if the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. Requires the cause of the rejection to be written on the face of the identification envelope.
5) Authorizes an election official, in comparing signatures, to use signature verification technology. Prohibits an election official, if the signature verification technology determines the signatures does not compare, from rejecting the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
6) Allows VBM ballots to be counted if they are cast by Election Day and received by the elections official by mail no later than three days after the election, as specified.
This bill:
Provides that an elections official may validate the signature on the identification envelope with the signature appearing on any form issued by an elections official that contains the voter’s signature that is part of the voter’s registration record instead of having to compare the signature to a series of signatures that demonstrates the progression of the voter’s signature.
Requires if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
Before 5 p.m. on the eighth day after the election, completes and submits an “unsigned ballot statement” in substantially the following form (and signed under penalty of perjury):
“UNSIGNED BALLOT STATEMENT
I,, am a registered voter of __________ County,
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
Voter’s Signature_________________
Address”________________________
Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause b), to a polling place within the county or a ballot dropoff box.
If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voter’s signature on the statement in the manner provided.
If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
An elections official may use methods other than those described above to obtain a voter’s signature on an unsigned identification envelope.
Instructions shall accompany the unsigned ballot statement in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election.
2. You must sign your name on the line above (Voter’s Signature).
3. Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct.
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.
Requires the Secretary of State (SOS) to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide a list of mailing addresses and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
Requires an elections official to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide the elections official’s mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
Provides that a ballot shall not be removed from its identification envelope until the time for processing ballots. And further provides a ballot shall not be rejected for cause after the identification envelope has been opened.
Existing law generally provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary; authorizes the Democratic Party, the Republican Party, the American Independent Party and the Peace and Freedom Party to each elect county central committees, and also establish state central committees.
This bill:
Establishes the procedures by which the Green Party would participate in the presidential primary.
Authorizes the Green Party to establish county councils by election.
Establishes a Green Party state coordinating committee.
Existing law as it relates to provisional voting and ballot processing:
At
all elections, a voter claiming to be properly registered, but whose
qualification or entitlement to vote cannot be immediately
established upon examination of the index of registration for the
precinct or upon examination of the records on file with the county
elections official, shall be entitled to vote a provisional ballot as
follows:
An elections official shall advise the voter of the voter’s right to cast a provisional ballot.
The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the provisional ballot, and a written affirmation regarding the voter’s registration and eligibility to vote.
The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
Existing law further provides:
Once voted, the voter’s ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections official’s instructions. The provisional ballot shall be a color different than the color of, but printed substantially similar to, the envelopes used for VBM ballots, and shall be completed in the same manner as VBM envelopes.
During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to existing law, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration or other signature in the voter’s registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
Existing
law requires provisional ballots not be included in any
semiofficial or official canvass, except upon: (A) the elections
official’s establishing prior to the completion of the official
canvass, from the records in his or her office, the claimant’s
right to vote; or (B) the order of a superior court in the county of
the voter’s residence. A voter may seek the court order specified
in this paragraph regarding his or her own ballot at any time prior
to completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. A fee shall not be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
Existing
law provides the provisional ballot of a voter who is otherwise
entitled to vote shall not be rejected because the voter did not cast
his or her ballot in the precinct to which he or she was assigned by
the elections official.
Existing
law provides if the ballot cast by the voter contains the same
candidates and measures on which the voter would have been entitled
to vote in his or her assigned precinct, the elections official shall
count the votes for the entire ballot. If the ballot cast by the
voter contains candidates or measures on which the voter would not
have been entitled to vote in his or her assigned precinct, the
elections official shall count only the votes for the candidates and
measures on which the voter was entitled to vote in his or her
assigned precinct.
Existing
law requires the SOS to establish a free access system that any
voter who casts a provisional ballot may access to discover whether
the voter’s provisional ballot was counted and, if not, the reason
why it was not counted. Allows the SOS to adopt appropriate
regulations. Provides that any existing supply of envelopes marked
“special challenged ballot” may be used until the supply is
exhausted.
This bill:
Requires, during the official canvass, the elections official to also compare the residence address provided by the voter on the provisional ballot envelope with the most current residence address on file. If the signatures compare after an examination, as specified, and the residence address provided matches the most current residence address on file, the ballot shall be counted. Except as provided existing law, if the residence address provided on the provisional envelope does not match the most current residence address on file, the elections official shall review the provisional voter’s registration record to attempt to verify the voter’s registration and current residence address.
Requires that if the voter provides an in-county residence address different from the residence address in the official record, the elections official shall duplicate or move the ballot to the precinct of the new address on the provisional ballot envelope and count only the races the voter is entitled to vote on. The voter shall be reregistered at the residence address provided on the provisional ballot envelope for future elections.
If the voter provides a post office box or business address on the line of the provisional ballot envelope requesting the voter’s current residence address and, during the official canvass, the elections official independently verifies the voter’s residence address and the residence address is within the county where the provisional ballot was cast, the ballot shall be counted. If the ballot is counted, the elections official shall count only the races the voter is entitled to vote on, based on the voter’s independently verified residence address and does not require an elections official to attempt to independently verify a voter’s residence address during the official canvass.
Provides if the elections official’s review is not conclusive or the voter provides an out-of-county address, the ballot shall be rejected.
Makes other technical and corresponding changes.
BACKGROUND
Vote By Mail Ballot Rejection: The UC Davis California Civic Engagement Project conducted a statewide survey of California’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50 percent of California’s voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately one percent of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
In an effort to remedy the significant VBM ballot rejection rate, last session the Legislature approved and Governor Brown signed SB 29 (Correa), Chapter 618, Statutes of 2014, which allowed VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified. The signing and implementation of SB 29 (Correa), was ground breaking as it represented the first time that California state law explicitly has allowed any ballot which was received after election day to be counted.
Current Procedures for Processing Unsigned VBM Ballots: Existing law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the UC Davis California Civic Engagement Project survey referenced above, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available.
COMMENTS
According to the author, AB 477 will reduce the number of legitimate vote-by-mail ballots that are rejected, ensuring that fewer voters are disenfranchised. California has one of the highest ballot rejection rates in the country, which is especially disconcerting because vote-by-mail ballot use has increased rapidly in recent years, with 60 percent of voters casting their ballots by mail in last November’s general election. With such high usage rates, it is imperative the state do everything possible to minimize the number of discarded legitimate ballots.
69,000 ballots were rejected in the 2012 general election. About one-quarter of vote-by-mail ballots were thrown out because the signature on the ballot envelope did not match the signature on record. With the advent of online voter registration, many voters’ signatures are pulled from their Department of Motor Vehicles file. In many cases, this signature is out of date or the voter was unable to sign clearly because they used an electronic signature pad. AB 477 would reduce the number of ballots thrown out because of mismatching signatures by allowing elections officials to use other signatures in a voter’s registration record to verify vote-by-mail envelopes.
In addition, about 17 percent of ballots are not counted because the voter failed to sign his or her ballot envelope altogether. To remedy this, AB 477 allows elections officials to collect a voter’s signature on a separate form, signed under penalty of perjury. This policy has been successfully implemented in both Florida and Colorado. Lastly, the bill also incorporates another successful Colorado law by allowing elections officials to collect signatures on unsigned ballots after Election Day.
Chula Vista Dispute. In the November 2014 General Election for a Chula Vista City Council race, the winning candidate won by a narrow margin of two votes. A legal challenge by the opponent was filed contending the Registrar of Voters incorrectly rejected 10 provisional ballots declared ineligible during review. Specifically at issue is how some provisional ballots are handled. In the Chula Vista race, it came down to 10 provisional ballots that the ROV declared ineligible because voters wrote down an address that was not their residence address; four wrote down a P.O. Box, three listed a business address, and three wrote down what was deemed to be a non-existent address.
Although the superior court judge ruled that the San Diego Registrar of Voters did not err when he left uncounted the ballots in question, what the case did highlight was the possibility that counties around the state do not validate provisional ballots in a consistent manner.
RELATED/PRIOR LEGISLATION
AB 1135 (Chapter 271, Statutes of 2013, Mullin) is similar to the provision on signature comparison on VBM’s as it allows elections officials to use other documents to verify a voter’s signature, as long as the signatures show a progression over time.
AB 2530 (Chapter 906, Statutes of 2014, Rodriguez) requires if signature software was used to verify a VBM, mail ballot precinct ballot or provisional ballot, then any rejected signatures must be visually examined to verify that the signatures do not compare. AB 477 amends a portion of that provision of existing law.
PRIOR ACTION
Assembly Floor: |
50 - 29 |
Assembly Appropriations Committee: |
12 - 5 |
Assembly Elections and Redistricting Committee: |
4 - 2 |
POSITIONS
Sponsor: Author
Support: Secretary of State Alex Padilla
California Association of Clerks and Election Officials
California Common Cause
California Voter Foundation
Green Party of California
Los Angeles County Board of Supervisors
League of Women Voters of California
Oppose: None received
-- END --
AB 477
Page 2
ASSEMBLY THIRD READING
AB 477
(Mullin)
As Amended April 8, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Elections |
4-2 |
Ridley-Thomas, Gordon, Mullin, Perea |
Grove, Gatto |
Appropriations |
12-5 |
Gomez, Bloom, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones, Wagner |
SUMMARY: Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to sign a statement up to 10 days after the election, as specified, in order to have his or her ballot counted. Specifically, this bill:
Prohibits an elections official, if he or she determines that a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the 10th day after the election;
Before 5 p.m. on the 10th day after the election, completes and submits an unsigned ballot statement, as specified; or,
Before the polls close on election day, completes and submits an unsigned ballot statement to a polling place within the county or ballot drop-off box.
Requires an elections official, if timely submitted, to accept any completed unsigned ballot statement. Requires an elections official, upon receipt of the unsigned ballot statement, to compare the voter’s signature on the statement in the manner provided by current law.
Permits an elections official to use methods other than those described above to obtain a voter’s signature on an unsigned identification envelope.
Requires instructions to accompany the unsigned ballot statement, as specified.
Allows an elections official to compare the signature on a VBM ballot identification envelope with a signature appearing on any form issued by the elections official that contains the voter’s signature and that is part of the voter’s registration record, instead of providing that an elections official may make a determination of whether the signature on a voter's VBM ballot identification envelope compares to the voter's registration record by reviewing a series of signatures appearing on official forms in the voter’s registration record that have been determined to compare, and that demonstrates the progression of the voter’s signature.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
Costs to elections officials would be state reimbursable, but should be minor such that mandate claims would be unlikely, but if filed, would not exceed $30,000 statewide.
Any costs to the Secretary of State would be minor and absorbable.
COMMENTS: According to the author, "AB 477 will reduce the number of legitimate vote-by-mail ballots that are rejected, ensuring that fewer voters are disenfranchised. California has one of the highest ballot rejection rates in the country, which is especially disconcerting because vote-by-mail ballot use has increased rapidly in recent years, with 60 percent of voters casting their ballots by mail in last November's general election. With such high usage rates, it is imperative the state do everything possible to minimize the number of discarded legitimate ballots…"
The UC Davis California Civic Engagement Project conducted a statewide survey of California's 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Identifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50% of California's voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately 1% of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
According to the author’s statement, the goal of this bill is to address those VBM ballots that arrive with no signature. This bill will help remedy this problem by prohibiting an elections official, if a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot, as specified. This bill creates a new process that permits a voter to either sign the identification envelope of his or her VBM ballot at the elections official’s office or complete and submit an unsigned ballot statement before 5 p.m. on the 10th day after the election, as specified. If the voter chooses to complete and submit an unsigned ballot statement, this bill requires that the unsigned ballot statement be mailed or delivered to the elections official’s office before 5 p.m. on the 10th day after election day or, alternatively, dropped off at a polling place or in a drop-off box within the county the voter is registered before the polls close on election day.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0000239
AB 477
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 477
(Mullin) – As Amended April 8, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
4 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill provides remedies to a vote-by-mail (VBM) voter who fails to sign his or her VBM identification envelope. Specifically, this bill:
Prohibits an elections official from rejecting the ballot of a VBM voter who has failed to sign their VBM identification envelope if the voter, by 5:00 p.m. on the 10th day after the election, either:
Signs the identification envelope at the elections official's office; or
Completes and submits an unsigned ballot statement, as specified.
Requires the elections official to compare the signatures provided via (1) in the manner required under current law and to accept the VBM ballot if the signatures compare.
Requires the Secretary of State (SOS) to include the unsigned ballot statement and instructions on the SOS website along with contact information for elections officials.
FISCAL EFFECT:
Costs to elections officials would be state reimbursable, but should be minor such that mandate claims would be unlikely, but if filed would not exceed $30,000 statewide.
Any costs to the SOS would be minor and absorbable.
COMMENTS:
Background and
Purpose. The UC Davis California Civic Engagement Project
conducted a statewide survey of California’s 58 county election
offices to gain a better understanding of California's use of VBM
ballots, including return methods. The project found that, of the 6.6
million VBM ballots returned in the November 2012 general election,
about one percent were rejected during ballot processing. According
to this survey, late receipt was the most common reason why a VBM
ballot was uncounted. The other top two reasons were signature
issues, such as a missing signature or a mismatching signature.
SB 29 (Correa)/Chapter 618, Statutes of 2014, was an effort to remedy the significant VBM ballot rejection rate, by allowing VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election.
According to the author, this bill is intended to address those VBM ballots arriving with no signature. AB 477 will help remedy this problem by prohibiting an elections official, if a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot, as specified. Instead, the bill creates a new process that permits a voter to either sign the identification envelope of his or her VBM ballot at the elections official’s office or complete and submit an unsigned ballot statement before 5 p.m. on the 10th day after the election, as specified.
Though not required to do so, when VBM ballots arrive with missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. Since current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact such a voter in a timely manner are a challenge. Given that contact by mail is then the only recourse, this bill, which permits an unsigned ballot statement to be received by an elections official up to 10 days after election day, theoretically will provide county elections officials with sufficient time to alert a voter of their unsigned VBM identification envelope and allow a voter time to provide the required signature.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 477
Page 6
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 477
(Mullin) – As Amended April 8, 2015
SUBJECT: Elections: vote by mail ballots.
SUMMARY: Allows a voter who failed to sign his or her vote by mail (VBM) identification envelope to sign a statement up to 10 days after the election, as specified, in order to have his or her ballot counted. Specifically, this bill:
Prohibits an elections official, if he or she determines that a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot if the voter does any of the following:
Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the 10th day after the election;
Before 5 p.m. on the 10th day after the election, completes and submits an unsigned ballot statement to be in substantially the following form;
“UNSIGNED BALLOT STATEMENT
I, am a registered voter of __________ County, State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
Voter’s Signature
Address”
Before the polls close on election day, completes and submits an unsigned ballot statement, in the form described above, to a polling place within the county or ballot drop-off box.
Requires an elections official, if timely submitted, to accept any completed unsigned ballot statement. Requires an elections official, upon receipt of the unsigned ballot statement, to compare the voter’s signature on the statement in the manner provided by current law.
Requires an elections official, if he or she determines that the signatures compare, to attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
Prohibits an elections official, if he or she determines that the signatures do not compare, from opening the identification envelope and prohibits the ballot from being counted.
Permits an elections official to use methods other than those described above to obtain a voter’s signature on an unsigned identification envelope.
Requires instructions to accompany the unsigned ballot statement to be in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1.
In order to ensure that your vote by mail ballot will be counted,
your statement should be completed and returned as soon as possible
so that it can reach the elections official of the county in which
your precinct is located no later than 5 p.m. on the tenth day after
the election.
2. You must sign your name on the line above (Voter’s Signature).
3. Place
the statement into a mailing envelope addressed to your local
elections official. Mail, deliver, or have delivered the completed
statement to the elections official. Be sure there is sufficient
postage if mailed and that the address of the elections official is
correct.
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot drop off box before the close of the polls on election day.
Requires the Secretary of State to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide a list of mailing addresses, and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the statement and instructions.
Requires an elections official to include the unsigned ballot statement and instructions described above on his or her Internet Web site, and provide the elections official’s mailing address, and facsimile transmission number on the Internet Web page containing the statement and instructions.
Allows an elections official to compare the signature on a VBM ballot identification envelope with a signature appearing on any form issued by the elections official that contains the voter’s signature and that is part of the voter’s registration record, instead of providing that an elections official may make a determination of whether the signature on a voter's VBM ballot identification envelope compares to the voter's registration record by reviewing a series of signatures appearing on official forms in the voter’s registration record that have been determined to compare, and that demonstrates the progression of the voter’s signature.
EXISTING LAW:
Requires a county elections official, upon receiving a VBM ballot, to compare the signatures
on the envelope with either of the following:
The signature appearing on any previous affidavit of registration of the voter; or,
The signature appearing on a form issued by an elections official that contains the voter's signature, that is part of the voter's registration record, and that the elections official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter.
Permits an elections official to make the determination of whether a signature on a VBM ballot compares with the signatures on file for that voter by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrate the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.
Permits a county elections official to use the duplicate file of affidavits of registered voters or facsimiles of voters’ signatures when determining from the records of registration if the signature and residence address compare, as specified.
Provides that if the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. Requires the cause of the rejection to be written on the face of the identification envelope.
Authorizes an elections official, in comparing signatures, to use signature verification technology. Prohibits an elections official, if the signature verification technology determines the signatures does not compare, from rejecting the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
Allows VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified.
FISCAL EFFECT: Unknown. State-mandated local program: contains reimbursement direction.
COMMENTS:
Purpose of the Bill: According to the author:
AB
477 will reduce the number of legitimate vote-by-mail ballots that
are rejected, ensuring that fewer voters are disenfranchised.
California has one of the highest ballot rejection rates in the
country, which is especially disconcerting because vote-by-mail
ballot use has increased rapidly in recent years, with 60 percent of
voters casting their ballots by mail in last November’s general
election. With such high usage rates, it is imperative the state do
everything possible to minimize the number of discarded legitimate
ballots.
69,000
ballots were rejected in the 2012 general election. About one-quarter
of vote-by-mail ballots were thrown out because the signature on the
ballot envelope did not match the signature on record. With the
advent of online voter registration, many voters’ signatures are
pulled from their Department of Motor Vehicles file. In many cases,
this signature is out of date or the voter was unable to sign clearly
because they used an electronic signature pad. AB 477 would reduce
the number of ballots thrown out because of mismatching signatures by
allowing elections officials to use other signatures in a voter’s
registration record to verify vote-by-mail envelopes.
In addition, about 17 percent of ballots are not counted because the voter failed to sign his or her ballot envelope altogether. To remedy this, AB 477 allows elections officials to collect a voter’s signature on a separate form, signed under penalty of perjury. This policy has been successfully implemented in both Florida and Colorado. Lastly, the bill also incorporates another successful Colorado law by allowing elections officials to collect signatures on unsigned ballots after Election Day.
Vote By Mail Ballot Rejection: The UC Davis California Civic Engagement Project conducted a statewide survey of California’s 58 county election offices to gain a better understanding of California's use of VBM ballots, including return methods. According to their September 2014 brief, entitled "California's Uncounted VBM Ballots: Indentifying Variation in County Processing," in 2012, for the first time in a statewide general election, over 50 percent of California’s voters chose to cast their ballot via VBM. This totaled 6.6 million ballots. However, approximately one percent of those VBM ballots received by the elections official were rejected during ballot processing. That amounts to approximately 69,000 ballots. According to the survey, late receipt was the most common reason why a VBM ballot was uncounted. Signature issues, such as a missing signature or a mismatching signature, were the other top two reasons for VBM ballot rejection.
In an effort to remedy the significant VBM ballot rejection rate, last session the Legislature approved and Governor Brown signed SB 29 (Correa), Chapter 618, Statutes of 2014, which allowed VBM ballots to be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified. The signing and implementation of SB 29 (Correa), was ground breaking as it represented the first time that California state law explicitly has allowed any ballot which was received after election day to be counted.
According to the author’s statement, the goal of this bill is to address those VBM ballots that arrive with no signature. This bill will help remedy this problem by prohibiting an elections official, if a voter has failed to sign the VBM identification envelope, from rejecting the VBM ballot, as specified. This bill creates a new process that permits a voter to either sign the identification envelope of his or her VBM ballot at the elections official’s office or complete and submit an unsigned ballot statement before 5 p.m. on the 10th day after the election, as specified. If the voter chooses to complete and submit an unsigned ballot statement, this bill requires that the unsigned ballot statement be mailed or delivered to the elections official’s office before 5 p.m. on the 10th day after election day or, alternatively, dropped off at a polling place or in a drop-off box within the county the voter is registered before the polls close on election day.Current Procedures for Processing Unsigned VBM Ballots: Current law does not require county elections officials to contact a voter and inform them that his or her ballot was not counted. However, in practice, when it comes to VBM ballots being rejected due to missing signatures, county elections officials attempt to contact the voter prior to election day in order to provide them the opportunity to correct their ballot. According to the UC Davis California Civic Engagement Project survey referenced above, nearly all counties utilize multiple methods to contact a voter, such as contacting the voter by phone, email, or mailing the VBM ballot back. However, because current law does not require a voter to provide a phone number or email when an individual registers to vote or requests a VBM ballot, efforts to contact a voter remain a challenge as a voter’s phone number and email may not be updated or available. While this bill sets up a new process that will help ensure that a voter who votes by mail and forgets to sign his or her VBM ballot has an opportunity to ensure their ballot is counted, one major issue remains unresolved - county elections officials will still face similar challenges when attempting to contact a voter to alert them of a missing signature.
On the other hand, because phone numbers and emails are difficult for an elections official to obtain, mail is usually the only available recourse when contacting a voter. This bill, which permits an unsigned ballot statement to be received by an elections official 10 days after election day, will, theoretically, provide county elections officials with more time to alert a voter of their unsigned VBM ballot and allow a voter time to correct the lack of signature on the VBM identification envelope.Florida and Colorado Laws: According to the author, this bill was partially inspired by election laws in Florida and Colorado. Florida law requires an election supervisor, until 5 p.m. on the day before an election, to allow a voter who has returned an unsigned absentee ballot to complete and submit an affidavit in order to cure the unsigned absentee ballot, as specified. This bill mirrors some aspects of Florida's law and prohibits an elections official, if a voter has failed to sign his or her VBM identification envelope, from rejecting the VBM ballot. Specifically, this bill permits the voter to complete and submit an unsigned ballot statement to the elections official, as specified.
This bill also incorporates components of a Colorado election law pertaining to unsigned mail or provisional ballots. Colorado requires an elections official, if a mail or provisional ballot return envelope lacks a signature, to contact the voter in writing no later than two calendar days after election day. Colorado requires an elections official to send a letter to the voter informing the voter that he or she must sign and return a Signature Affidavit Form in person or by mail, facsimile, or email no later than eight days after the election. This bill contains similar provisions and requires a voter to complete and submit an unsigned ballot statement in person or by mail or fax, not email, by the 5 p.m. on the 10th day after election day.Arguments in Support: In support of this bill, the California Voter Foundation, writes:
Last year the [California Voter Foundation] published a first-of-its-kind, in-depth study of three counties’ vote-by-mail programs, indentifying differences between these programs and recommending improvements that can be implemented so that more mail ballots that are cast can be counted. Our study found that two counties – Sacramento and Orange – when voters fail to sign their VBM envelope, the voter is contacted and urged to come to the election office and sign the envelope there. In the third county studied – Santa Cruz – ballots that lack a signature are mailed back to the voter to be signed and re-submitted, creating some confusion as to whether new postage needs to be affixed to the VBM envelope. By providing an additional method for county registrars to collect a VBM voter’s missing signature, [AB 477] will help increase the VBM ballot success rate.
Previous Legislation: AB 1135 (Mullin), Chapter 271, Statutes of 2013, expands the list of documents a county elections official may use to compare to the signature on a VBM ballot identification envelope, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
California Voter Foundation
VerifiedVoting.org
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):