Bills

AB 887: Military and overseas voters: ballot submission by electronic mail: Internet voting.

  • Session Year: 2015-2016
  • House: Assembly
  • Latest Version Date: 2016-01-04
Version:

Existing law requires that a vote by mail ballot be available to any registered voter and specifies the manner by which the ballot must be returned. Existing law permits a military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a military or overseas voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voters eligibility to vote by comparing the voters signature from the materials returned by facsimile transmission to the signature on the voters affidavit of registration.

This bill would permit a military or overseas voter to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voters eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voters affidavit of registration.

This bill would permit a military or overseas voter to cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official. To be counted, the voted ballot must be received by the voters elections official no later than the closing of the polls on election day. These provisions would become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet.

Because the bill requires elections officials to provide a higher level of service and expands the scope of the crime of perjury, it 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires that a vote by mail ballot be available to any registered voter. Under existing law, a voter may: (1) return the vote by mail ballot by mail or in person to the elections official from whom it came; (2) return the vote by mail ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3), if unable to return the vote by mail ballot, designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction.

This bill would authorize an elections official to send a voter a ballot by secure electronic transmission for an election conducted wholly within the county. This bill would also require a voter who receives a ballot in this manner to print the ballot for return to the elections official.

Authors shown for version:
Amended Assembly (1/4/2016)

Bill Author