AB 1037: Vote by mail ballots: signature verification.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State - Chapter 673, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voters signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voters signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box.
This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voters ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program.
This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 are enacted and this bill is enacted last.
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 the statutory provisions noted above.
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voters signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voters signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box.
This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voters ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program.
This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 are enacted and this bill is enacted last.
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 the statutory provisions noted above.
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voters signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voters signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box.
This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voters ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program.
This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 are enacted and this bill is enacted last.
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 the statutory provisions noted above.
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voters signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voters signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box.
This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voters ballot. By imposing duties on local elections officials, this bill would create 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 the statutory provisions noted above.
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voters signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voters signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box.
This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. By imposing duties on local elections officials, this bill would create 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 the statutory provisions noted above.
(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voters signature.
(C)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by
mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, or by other means of the opportunity to provide a signature.
(iii)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(C)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.
(D)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(E)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I
received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(iii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.
(iv)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(v)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
(j)An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Senate Bill 77. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Senate Bill 77, in which case Section 1 of this bill shall not become operative.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voters signature.
(C)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by
mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, or by other means of the opportunity to provide a signature.
(iii)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(C)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.
(D)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(E)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I
received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(iii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.
(iv)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(v)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
(j)An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Senate Bill 77. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Senate Bill 77, in which case Section 1 of this bill shall not become operative.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voters signature.
(C)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by
mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, or by other means of the opportunity to provide a signature.
(iii)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
SEC. 1.5.Section 3019 of the Elections Code is amended to read:3019.(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(B)(C)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, person or by other means of the opportunity to verify the voters signature.
(C)(D)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)(E)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, or by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I requested (or I received)
received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I requested (or I received) received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(ii)(iii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, person or by other means of the opportunity to provide a signature.
(iii)(iv)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)(v)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope. envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(g)(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(h)(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
(j)An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Senate Bill 77. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Senate Bill 77, in which case Section 1 of this bill shall not become operative.
SEC. 2. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voters signature.
(C)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I
received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, or by other means of the opportunity to provide a signature.
(iii)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.(f)A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.
(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.
(g)(h)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(h)(i)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
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)(1)Upon receiving 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:
(A)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(B)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.
(2)All of the following apply to the comparison of signatures pursuant to this section:
(A)A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.
(B)An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C)Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D)When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.
(E)The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F)The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
(H)The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I)A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(c)(1)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).
(2)If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d)(1)(A)Except as provided in subparagraph (D), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voters signature.
(C)Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.
(D)If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2)The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. | |
1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. | |
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. | |
3. You must sign your name where specified on the signature verification statement (Voters Signature). | |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A)The voter delivers, in person, by mail, by fax, or by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B)Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.
(i)If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5)The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
SIGNATURE VERIFICATION STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I requested (or I received) received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 |
(6)An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7)If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.
(e)(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 no later than 5 p.m. two days prior to the certification of the election.
(ii)No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
UNSIGNED IDENTIFICATION ENVELOPE STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I declare under penalty of perjury that I requested (or I received)
received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)(i)Except as provided in clause (iv), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii)Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person, by telephone or email, or by other means of the opportunity to provide a signature.
(iii)Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the election officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(iv)If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C)If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope 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, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.
(ii)If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope. envelope statement.
(2)Instructions shall accompany the unsigned identification envelope 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, but no later than 5 p.m. two days prior to the certification of the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. | |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by 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 notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4)An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f)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.
(g)For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(h)In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
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
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State - Chapter 673, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 19, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 12, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 18. Page 3293.). |
| Sep 12, 2023 | Assembly Rule 77 suspended. (Page 3228.) |
| Sep 11, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77. |
| Sep 11, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8. Page 2589.). |
| Sep 7, 2023 | Read second time. Ordered to third reading. |
| Sep 6, 2023 | Read third time and amended. Ordered to second reading. |
| Jul 5, 2023 | Read second time. Ordered to third reading. |
| Jul 3, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 20, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 20). Re-referred to Com. on APPR. |
| May 31, 2023 | Referred to Com. on E. & C.A. |
| May 23, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 16. Page 1695.) |
| May 11, 2023 | Read second time. Ordered to third reading. |
| May 10, 2023 | From committee: Do pass. (Ayes 12. Noes 3.) (May 10). |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 19). Re-referred to Com. on APPR. |
| Apr 12, 2023 | Re-referred to Com. on ELECTIONS. |
| Apr 11, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. |
| Feb 23, 2023 | Referred to Com. on ELECTIONS. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 12, 2023 | AB 1037 Berman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 11, 2023 | Assembly 3rd Reading AB1037 Berman et al. By Newman | Senate Floor |
Passed |
|
| Jun 20, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 22, 2023 | AB 1037 Berman Assembly Third Reading | Assembly Floor |
Passed |
|
| May 10, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections |
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 | |
| California State Association Of Counties | ** Support | |
| County Of Los Angeles | ** Support | |
| Disability Rights California | ** Support | |
| League Of Women Voters Of California | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1037
Author:(Berman and Cervantes)
As Amended Ver:September 6, 2023
Majority vote
SUMMARY
Permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) ballot identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified.
Senate Amendments
Add double-jointing language to avoid chaptering problems with SB 77 (Umberg) of the current legislative session. Make a technical change.
COMMENTS
In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process for those ballots. AB 477 (Mullin), Chapter 726, Statutes of 2015, allows a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. AB 840 (Quirk), Chapter 820, Statutes of 2017, authorizes a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire), Chapter 568, Statutes of 2019, requires counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter's registration record. Additionally, SB 503 (Becker), Chapter 319, Statutes of 2021, codifies various provisions of the Secretary of State's signature verification emergency regulations and provides clear and uniform statewide signature verification standards.
This bill provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
The Senate amendments make technical changes. This bill, as amended in the Senate, is consistent with prior Assembly actions.
According to the Author
"California has been unwavering in our commitment to expand and protect ballot access. We've taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and the process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters."
Arguments in Support
With a support position on a prior version of this bill, Disability Rights California wrote, "This bill authorizes county elections officials to offer voters an additional option to fix or cure their ballot electronically if the vote-by-mail signatures do not match, or if the envelope does not contain a signature. By providing an additional option for curing ballots, this bill makes it less likely voters with disabilities will have their vote-by-mail ballots rejected.
"As a disability rights organization, we support AB 1037 because it expands how voters with disabilities may cure their vote-by-mail ballot signatures if it does not match the one on file or is missing. By adding a new electronic method for returning a signature, this bill makes it more likely that voters with disabilities will be able to act to verify their signature or provide a new one. This bill helps address an important voter equity. Mismatched signatures disproportionately impact people with disabilities because many disabilities can cause inconsistent signatures. Additionally, this bill will make the process more accessible to voters with disabilities because it expands the reply options methods beyond paper-based notices."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM ELECTIONS: 6-2-0
YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio
NO: Lackey, Essayli
ASM APPROPRIATIONS: 12-3-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson
NO: Megan Dahle, Dixon, Sanchez
ABS, ABST OR NV: Mathis
ASSEMBLY FLOOR: 61-16-3
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones- Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO: Alanis, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis
ABS, ABST OR NV: Chen, Lackey, Quirk-Silva
SENATE FLOOR: 31-8-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Caballero
UPDATED
VERSION: September 6, 2023
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0001946
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1037 |
THIRD READING
Bill No: AB 1037
Author: Berman (D) and Cervantes (D)
Amended: 9/6/23 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 6/20/23
AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg
NOES: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 61-16, 5/22/23 - See last page for vote
SUBJECT: Vote by mail ballots: signature verification
SOURCE: California Association of Clerks and Election Officials
DIGEST:
This bill permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified.
Senate Floor Amendments of 9/6/23 address a chaptering conflict with SB 77 (Umberg, 2023), add a coauthor, and make a nonsubstantive change.
ANALYSIS:
Existing law:
- Provides that provisions of law governing VBM voting shall be liberally construed in favor of the VBM voter.
- Requires a county elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate, and provides that the distribution of VBM ballots to registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location.
- Authorizes any county, pursuant to the California Voter’s Choice Act (CVCA), to conduct elections in which every active registered voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election, subject to certain conditions.
- Requires a county elections official, upon receiving a VBM ballot, to compare the signature on the VBM ballot identification envelope with either of the following:
- The signature appearing on the voter's affidavit of registration or any previous affidavit of registration of the voter.
- The signature appearing on a form issued by an elections official that contains the voter's signature and is part of the voter's registration record.
- Requires an elections official, when comparing the signature on the identification envelope, to apply certain presumptions, as specified.
- Provides that if the elections official determines, upon comparing signatures, that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter's registration record, the signature is subject to additional procedures that provide that a signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter's registration record.
- Requires a notice sent to a voter who did not sign their VBM ballot identification envelope or whose signature does not compare pursuant to existing law to be sent by first-class mail on or before the next business day following a determination that a voter's signature does not compare, as specified.
- Allows a voter to return their signature verification statement or unsigned identification envelope statement by mail, email, facsimile transmission, or in person at a polling place within the county or to a ballot drop-off box.
- Provides that voter registration information is confidential. Permits voter registration information to be provided to candidates for federal, state or local office, to any ballot measure committee, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes as determined by the Secretary of State (SOS).
This bill:
- Permits a voter who has a missing signature or a mismatched signature on their VBM identification envelope to submit a signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official.
- Requires a local elections official offering electronic means for submission of a statement, other than what is permitted under existing law, to establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
- Makes other technical and conforming changes.
Background
- Signature Cure Process and Previous Legislation. In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process. In 2015, the Legislature passed and Governor Brown signed AB 477 (Mullin, Chapter 726, Statutes of 2015) which allowed a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. In 2017, AB 840 (Quirk, Chapter 820, Statutes of 2017) was signed into law and authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire, Chapter 446, Statutes of 2018) created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire, Chapter 568, Statutes of 2019) required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligned the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
Additionally, last session SB 503 (Becker, Chapter 319, Statutes of 2021) was signed into law to provide clear and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties. SB 503 required various provisions of the SOS's signature verification emergency regulations to be codified into state statute. Specifically, SB 503 required an elections official, upon receiving a VBM ballot and comparing the voter’s signature on the identification envelope with signatures in the voter’s registration record, to apply certain presumptions, and provides for a signature to be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record, as specified. Additionally, SB 503 required the SOS, when promulgating regulations pertaining to signature comparison, to consult with elections experts, voter access and advocacy stakeholders, and elections officials, among other provisions.
This bill provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
- Other States and Signature Cure Processes. According to the National Conference of State Legislatures, 24 states require election officials to notify voters when there is a missing signature or a signature discrepancy on a voter’s VBM ballot return envelope, and require that voters be given an opportunity to correct it.
Notably, Nevada and Colorado have recently adopted an electronic signature cure process, also known as “text to cure” or “TXT2Cure” that allows a voter the option to cure their ballot expeditiously through electronic means. Any voter who has a signature discrepancy is sent a cure notification from their county clerk that includes an affidavit with instructions on how they can return the signed paper affidavit with a photocopy of an acceptable form of identification to their county election office or instructions for voters to use the TXT2Cure system.
Generally, to use a TXT2Cure system, a voter will be provided a link and identification information on the cure letter to login and submit their signature via their smartphone. For example, in order for a Colorado voter to electronically cure their signature they must follow the following steps: (1) text the word "COLORADO" to the number 28683; (2) touch the link received in the reply text; (3) click the "Cure My Ballot" button; (4) enter the Voter ID number that is provided in the voter’s cure letter; (5) when prompted, provide a signature by signing the screen of the mobile phone; (6) when prompted, use the mobile phone’s camera to take a picture of an acceptable form of ID; and (7) click submit. Both Colorado and Nevada have been offering the TXT2Cure systems since 2020. According to a press releases from the Colorado SOS’s office, the TXT2Cure system is designed to reduce the number of ballots rejected due to missing or discrepant signatures, and is especially geared for younger voters who statistically have more ballots with signature discrepancies. Typically, younger voters have fewer signatures on file, and have signatures that are evolving. Through leveraging technology familiar to young people, TXT2Cure helps make sure these younger voters have their ballots counted. Additionally, voters may be more inclined to quickly go online and submit their signature, as opposed to mailing, faxing, or emailing the signed cure letter
- Vote by Mail Ballots and Previous Legislation. In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley, Chapter 922, Statutes of 2001) which, among other provisions, authorized any voter to become a permanent VBM voter. As a result, California voters have increasingly used VBM ballots to vote in elections.
In 2016, SB 450 (Allen, Chapter 832, Statutes of 2016) enacted the CVCA, which permits counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 11 days, including Election Day. In 2018, five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under this system.
In 2020, 15 counties chose to conduct elections pursuant to the CVCA (Amador, Butte, Calaveras, El Dorado, Fresno, Los Angeles, Madera, Mariposa, Napa, Nevada, Orange, Sacramento, San Mateo, Santa Clara, and Tuolumne). According to the SOS’s website, as of last year, an additional 12 counties have adopted the CVCA election model for a total of 27 counties.
- Elections, COVID-19, and Previous Legislation. Due to concerns that conducting in-person voting during the spread of COVID-19 could threaten the health and safety of voters, election workers, and the public generally, the Legislature approved and Governor Newsom signed bills that made significant changes to the way that the state conducted the November 2020 presidential general election. Those changes largely were enacted through two bills—AB 860 (Berman, Chapter 4, Statutes of 2020) and SB 423 (Umberg, Chapter 31, Statutes of 2020). Notably, those bills required that a mail ballot be sent to every active registered voter, provided voters in all counties with the ability to track their ballot, authorized changes to in-person voting requirements, and made other changes to facilitate the expected surge in voting by mail at the November election.
In February 2021, SB 29 (Umberg, Chapter 3, Statutes of 2021) was signed into law and continued the practice of requiring county elections officials to mail a ballot to every active registered voter for all elections proclaimed or conducted prior to January 1, 2022. Subsequently, in September 2021, AB 37 (Berman, Chapter 312, Statutes of 2021) was signed into law which permanently requires an elections official to send every active voter a VBM ballot for each election in which they are eligible to vote, among other provisions.
- Vote by Mail Ballot Rejection Studies. In September 2020, the California Voter Foundation in collaboration with the University of Southern California (USC) Center for Inclusive Democracy examined demographic and voting methods of voters in Sacramento, Santa Clara, and San Mateo counties whose November 2018 VBM ballots were rejected and the reasons for the rejection. The study found that the top three reasons a VBM ballot was rejected were late arrivals of VBM ballots, missing signatures on VBM ballot identification envelopes, and signatures that did not sufficiently match the voter registration signatures on file.
In a 2021 study, the USC Center for Inclusive Democracy found that of all the VBM ballots cast (both counted and rejected) in California, 0.5% (80,363 ballots) were rejected in the 2020 general election. Latinos, young voters, new voters, and previous polling place voters had higher rates of VBM ballot rejections than the general population. Asian-American voters had similar rejection rates as the general population.
According to the study, in the 2020 general election, the majority (76.8%) of rejected VBM ballots were not counted due to signature issues. Over 59% (47,785 ballots) of all rejected VBM ballots in California had non-matching signatures and 17.3% (13,913 ballots) had missing signatures. Another 16.1% (12,969 ballots) of rejected VBM ballots were rejected for arriving late and 7.1% (5,696 ballots) were rejected for other reasons. Key takeaways from the report state that Latino and previous polling place voters had higher rates of non-matching signatures than the general population. Asian-American voters had higher rates of missing signatures than the general population. Young voters (aged 18 to 24) had higher rates of non-matching signatures than older voters (aged 65 and over), while older voters had higher rates of late VBM ballots than young voters. Foreign-born voters had higher rates of missing signatures than U.S.-born voters, while U.S.-born voters had higher rates of late and non-matching signatures.
Comments
According to the author, “California has been unwavering in our commitment to expand and protect ballot access. We’ve taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and a process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters.”
Related/Prior Legislation
SB 77 (Umberg, 2023) requires an elections official to notify a voter by telephone, text, or email of the opportunity to fix a problem with the voter's signature on a VBM ballot identification envelope so that the ballot can be counted.
AB 1004 (Ta, 2023) permits a voter whose signature on a state, county, city, or district initiative, referendum, or recall petition is invalidated by an elections official to submit a signature verification statement to verify the voter’s signature, as specified. AB 1004 was held on the Assembly Appropriations Committee’s Suspense File.
SB 503 (Becker, Chapter 319, Statutes of 2021) provided additional clarity and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties.
SB 523 (McGuire, Chapter 568, Statutes of 2019) required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligned the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
SB 759 (McGuire, Chapter 446, Statutes of 2018) created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified.
AB 840 (Quirk, Chapter 820, Statutes of 2017) authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
AB 477 (Mullin, Chapter 726, Statutes of 2015) allowed a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election in order to have their ballot counted, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 9/7/23)
California Association of Clerks and Election Officials (source)
California State Association of Counties
County of Los Angeles
Disability Rights California
League of Women Voters of California
OPPOSITION: (Verified 9/7/23)
None received
ASSEMBLY FLOOR: 61-16, 5/22/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Alanis, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis
NO VOTE RECORDED: Chen, Lackey, Quirk-Silva
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
9/8/23 14:30:31
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1037 |
THIRD READING
Bill No: AB 1037
Author: Berman (D)
Amended: 4/11/23 in Assembly
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 6/20/23
AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg
NOES: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 61-16, 5/22/23 - See last page for vote
SUBJECT: Vote by mail ballots: signature verification
SOURCE: California Association of Clerks and Election Officials
DIGEST:
This bill permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified.
ANALYSIS:
Existing law:
- Provides that provisions of law governing VBM voting shall be liberally construed in favor of the VBM voter.
- Requires a county elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate, and provides that the distribution of VBM ballots to registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location.
- Authorizes any county, pursuant to the California Voter’s Choice Act (CVCA), to conduct elections in which every active registered voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election, subject to certain conditions.
- Requires a county elections official, upon receiving a VBM ballot, to compare the signature on the VBM ballot identification envelope with either of the following:
- The signature appearing on the voter's affidavit of registration or any previous affidavit of registration of the voter.
- The signature appearing on a form issued by an elections official that contains the voter's signature and is part of the voter's registration record.
- Requires an elections official, when comparing the signature on the identification envelope, to apply certain presumptions, as specified.
- Provides that if the elections official determines, upon comparing signatures, that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter's registration record, the signature is subject to additional procedures that provide that a signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter's registration record.
- Requires a notice sent to a voter who did not sign their VBM ballot identification envelope or whose signature does not compare pursuant to existing law to be sent by first-class mail on or before the next business day following a determination that a voter's signature does not compare, as specified.
- Allows a voter to return their signature verification statement or unsigned identification envelope statement by mail, email, facsimile transmission, or in person at a polling place within the county or to a ballot drop-off box.
- Provides that voter registration information is confidential. Permits voter registration information to be provided to candidates for federal, state or local office, to any ballot measure committee, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes as determined by the Secretary of State (SOS).
This bill:
- Permits a voter who has a missing signature or a mismatched signature on their VBM identification envelope to submit a signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official.
- Requires a local elections official offering electronic means for submission of a statement, other than what is permitted under existing law, to establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
- Makes other technical and conforming changes.
Background
Signature Cure Process and Previous Legislation. In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process. In 2015, the Legislature passed and Governor Brown signed AB 477 (Mullin, Chapter 726, Statutes of 2015) which allowed a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. In 2017, AB 840 (Quirk, Chapter 820, Statutes of 2017) was signed into law and authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire, Chapter 446, Statutes of 2018) created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire, Chapter 568, Statutes of 2019) required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligned the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
Additionally, last session SB 503 (Becker, Chapter 319, Statutes of 2021) was signed into law to provide clear and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties. SB 503 required various provisions of the SOS's signature verification emergency regulations to be codified into state statute. Specifically, SB 503 required an elections official, upon receiving a VBM ballot and comparing the voter’s signature on the identification envelope with signatures in the voter’s registration record, to apply certain presumptions, and provides for a signature to be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record, as specified. Additionally, SB 503 required the SOS, when promulgating regulations pertaining to signature comparison, to consult with elections experts, voter access and advocacy stakeholders, and elections officials, among other provisions.
AB 1037 provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
Other States and Signature Cure Processes. According to the National Conference of State Legislatures, 24 states require election officials to notify voters when there is a missing signature or a signature discrepancy on a voter’s VBM ballot return envelope, and require that voters be given an opportunity to correct it.
Notably, Nevada and Colorado have recently adopted an electronic signature cure process, also known as “text to cure” or “TXT2Cure” that allows a voter the option to cure their ballot expeditiously through electronic means. Any voter who has a signature discrepancy is sent a cure notification from their county clerk that includes an affidavit with instructions on how they can return the signed paper affidavit with a photocopy of an acceptable form of identification to their county election office or instructions for voters to use the TXT2Cure system.
Generally, to use a TXT2Cure system, a voter will be provided a link and identification information on the cure letter to login and submit their signature via their smartphone. For example, in order for a Colorado voter to electronically cure their signature they must follow the following steps: (1) text the word "COLORADO" to the number 28683; (2) touch the link received in the reply text; (3) click the "Cure My Ballot" button; (4) enter the Voter ID number that is provided in the voter’s cure letter; (5) when prompted, provide a signature by signing the screen of the mobile phone; (6) when prompted, use the mobile phone’s camera to take a picture of an acceptable form of ID; and (7) click submit. Both Colorado and Nevada have been offering the TXT2Cure systems since 2020. According to a press releases from the Colorado SOS’s office, the TXT2Cure system is designed to reduce the number of ballots rejected due to missing or discrepant signatures, and is especially geared for younger voters who statistically have more ballots with signature discrepancies. Typically, younger voters have fewer signatures on file, and have signatures that are evolving. Through leveraging technology familiar to young people, TXT2Cure helps make sure these younger voters have their ballots counted. Additionally, voters may be more inclined to quickly go online and submit their signature, as opposed to mailing, faxing, or emailing the signed cure letter
Vote by Mail Ballots and Previous Legislation. In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley, Chapter 922, Statutes of 2001) which, among other provisions, authorized any voter to become a permanent VBM voter. As a result, California voters have increasingly used VBM ballots to vote in elections.
In 2016, SB 450 (Allen, Chapter 832, Statutes of 2016) enacted the CVCA, which permits counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 11 days, including Election Day. In 2018, five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under this system.
In 2020, 15 counties chose to conduct elections pursuant to the CVCA (Amador, Butte, Calaveras, El Dorado, Fresno, Los Angeles, Madera, Mariposa, Napa, Nevada, Orange, Sacramento, San Mateo, Santa Clara, and Tuolumne). According to the SOS’s website, as of last year, an additional 12 counties have adopted the CVCA election model for a total of 27 counties.
Elections, COVID-19, and Previous Legislation. Due to concerns that conducting in-person voting during the spread of COVID-19 could threaten the health and safety of voters, election workers, and the public generally, the Legislature approved and Governor Newsom signed bills that made significant changes to the way that the state conducted the November 2020 presidential general election. Those changes largely were enacted through two bills—AB 860 (Berman, Chapter 4, Statutes of 2020) and SB 423 (Umberg, Chapter 31, Statutes of 2020). Notably, those bills required that a mail ballot be sent to every active registered voter, provided voters in all counties with the ability to track their ballot, authorized changes to in-person voting requirements, and made other changes to facilitate the expected surge in voting by mail at the November election.
In February 2021, SB 29 (Umberg, Chapter 3, Statutes of 2021) was signed into law and continued the practice of requiring county elections officials to mail a ballot to every active registered voter for all elections proclaimed or conducted prior to January 1, 2022. Subsequently, in September 2021, AB 37 (Berman, Chapter 312, Statues of 2021) was signed into law which permanently requires an elections official to send every active voter a VBM ballot for each election in which they are eligible to vote, among other provisions.
Vote by Mail Ballot Rejection Studies. In September 2020, the California Voter Foundation in collaboration with the University of Southern California (USC) Center for Inclusive Democracy examined demographic and voting methods of voters in Sacramento, Santa Clara, and San Mateo counties whose November 2018 VBM ballots were rejected and the reasons for the rejection. The study found that the top three reasons a VBM ballot was rejected were late arrivals of VBM ballots, missing signatures on VBM ballot identification envelopes, and signatures that did not sufficiently match the voter registration signatures on file.
In a 2021 study, the USC Center for Inclusive Democracy found that of all the VBM ballots cast (both counted and rejected) in California, 0.5% (80,363 ballots) were rejected in the 2020 general election. Latinos, young voters, new voters, and previous polling place voters had higher rates of VBM ballot rejections than the general population. Asian-American voters had similar rejection rates as the general population.
According to the study, in the 2020 general election, the majority (76.8%) of rejected VBM ballots were not counted due to signature issues. Over 59% (47,785 ballots) of all rejected VBM ballots in California had non-matching signatures and 17.3% (13,913 ballots) had missing signatures. Another 16.1% (12,969 ballots) of rejected VBM ballots were rejected for arriving late and 7.1% (5,696 ballots) were rejected for other reasons. Key takeaways from the report state that Latino and previous polling place voters had higher rates of non-matching signatures than the general population. Asian-American voters had higher rates of missing signatures than the general population. Young voters (aged 18 to 24) had higher rates of non-matching signatures than older voters (aged 65 and over), while older voters had higher rates of late VBM ballots than young voters. Foreign-born voters had higher rates of missing signatures than U.S.-born voters, while U.S.-born voters had higher rates of late and non-matching signatures.
Comments
According to the author, California has been unwavering in our commitment to expand and protect ballot access. We’ve taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and a process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters.
Related/Prior Legislation
AB 1004 (Ta, 2023) permits a voter whose signature on a state, county, city, or district initiative, referendum, or recall petition is invalidated by an elections official to submit a signature verification statement to verify the voter’s signature, as specified. AB 1004 was held on the Assembly Appropriations Committee’s Suspense File.
SB 503 (Becker, Chapter 319, Statutes of 2021) provided additional clarity and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties.
SB 523 (McGuire, Chapter 568, Statutes of 2019) required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
SB 759 (McGuire, Chapter 446, Statutes of 2018) created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified.
AB 840 (Quirk, Chapter 820, Statutes of 2017) authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
AB 477 (Mullin, Chapter 726, Statutes of 2015) allowed a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election in order to have their ballot counted, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 7/5/23)
California Association of Clerks and Election Officials (source)
County of Los Angeles
Disability Rights California
League of Women Voters of California
OPPOSITION: (Verified 7/5/23)
ASSEMBLY FLOOR: 61-16, 5/22/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Alanis, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis
NO VOTE RECORDED: Chen, Lackey, Quirk-Silva
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
7/5/23 14:50:43
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Steven Glazer, Chair
2023 - 2024 Regular
Bill No: AB Hearing Date: 6/20/23
Author: | |||
Version: | 4/11/23 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Scott Matsumoto | ||
Subject: Vote by mail ballots: signature verification.
DIGEST
This bill permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified.
ANALYSIS
Existing law:
- Provides that provisions of law governing VBM voting shall be liberally construed in favor of the VBM voter.
- Requires a county elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate, and provides that the distribution of VBM ballots to registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location.
- Authorizes any county, pursuant to the California Voter’s Choice Act (CVCA), to conduct elections in which every active registered voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election, subject to certain conditions.
- Requires a county elections official, upon receiving a VBM ballot, to compare the signature on the VBM ballot identification envelope with either of the following:
- The signature appearing on the voter's affidavit of registration or any previous affidavit of registration of the voter.
- The signature appearing on a form issued by an elections official that contains the voter's signature and is part of the voter's registration record.
- Requires an elections official, when comparing the signature on the identification envelope, to apply certain presumptions, as specified.
- Provides that if the elections official determines, upon comparing signatures, that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter's registration record, the signature is subject to additional procedures that provide that a signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter's registration record.
- Requires a notice sent to a voter who did not sign their VBM ballot identification envelope or whose signature does not compare pursuant to existing law to be sent by first-class mail on or before the next business day following a determination that a voter's signature does not compare, as specified.
- Allows a voter to return their signature verification statement or unsigned identification envelope statement by mail, email, facsimile transmission, or in person at a polling place within the county or to a ballot drop-off box.
- Provides that voter registration information is confidential. Permits voter registration information to be provided to candidates for federal, state or local office, to any ballot measure committee, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes as determined by the Secretary of State (SOS).
This bill:
- Permits a voter who has a missing signature or a mismatched signature on their VBM identification envelope to submit a signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official.
- Requires a local elections official offering electronic means for submission of a statement, other than what is permitted under existing law, to establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
- Makes other technical and conforming changes.
BACKGROUND
Signature Cure Process and Previous Legislation. In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process. In 2015, the Legislature passed and Governor Brown signed AB 477 (Mullin), Chapter 726, Statutes of 2015, which allows a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. In 2017, AB 840 (Quirk), Chapter 820, Statutes of 2017, was signed into law and authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire), Chapter 568, Statutes of 2019, required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
Additionally, last session SB 503 (Becker), Chapter 319, Statutes of 2021 was signed into law to provide clear and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties. SB 503 requires various provisions of the SOS's signature verification emergency regulations to be codified into state statute. Specifically, SB 503 requires an elections official, upon receiving a VBM ballot and comparing the voter’s signature on the identification envelope with signatures in the voter’s registration record, to apply certain presumptions, and provides for a signature to be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record, as specified. Additionally, SB 503 requires the SOS, when promulgating regulations pertaining to signature comparison, to consult with elections experts, voter access and advocacy stakeholders, and elections officials, among other provisions.
AB 1037 provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
Other States and Signature Cure Processes. According to the National Conference of State Legislatures, 24 states require election officials to notify voters when there is a missing signature or a signature discrepancy on a voter’s VBM ballot return envelope, and require that voters be given an opportunity to correct it.
Notably, Nevada and Colorado have recently adopted an electronic signature cure process, also known as “text to cure” or “TXT2Cure” that allows a voter the option to cure their ballot expeditiously through electronic means. Any voter who has a signature discrepancy is sent a cure notification from their county clerk that includes an affidavit with instructions on how they can return the signed paper affidavit with a photocopy of an acceptable form of identification to their county election office or instructions for voters to use the TXT2Cure system.
Generally, to use a TXT2Cure system, a voter will be provided a link and identification information on the cure letter to login and submit their signature via their smartphone. For example, in order for a Colorado voter to electronically cure their signature they must follow the following steps: 1) Text the word "COLORADO" to the number 28683; 2) Touch the link received in the reply text; 3) Click the "Cure My Ballot" button; 4) Enter the Voter ID number that is provided in the voter’s cure letter; 5) When prompted, provide a signature by signing the screen of the mobile phone; 6) When prompted, use the mobile phone’s camera to take a picture of an acceptable form of ID; and 7) Click submit. Both Colorado and Nevada have been offering the TXT2Cure systems since 2020. According to a press releases from the Colorado SOS’s office, the TXT2Cure system is designed to reduce the number of ballots rejected due to missing or discrepant signatures, and is especially geared for younger voters who statistically have more ballots with signature discrepancies. Typically, younger voters have fewer signatures on file, and have signatures that are evolving. Through leveraging technology familiar to young people, TXT2Cure helps make sure these younger voters have their ballots counted. Additionally, voters may be more inclined to quickly go online and submit their signature, as opposed to mailing, faxing, or emailing the signed cure letter
Vote by Mail Ballots and Previous Legislation. In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley), Chapter 922, Statutes of 2001, which, among other provisions, authorized any voter to become a permanent VBM voter. As a result, California voters have increasingly used VBM ballots to vote in elections.
In 2016, SB 450 (Allen), Chapter 832, Statutes of 2016, enacted the CVCA, which permits counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 11 days, including Election Day. In 2018, five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under this system.
In 2020, fifteen counties chose to conduct elections pursuant to the CVCA (Amador, Butte, Calaveras, El Dorado, Fresno, Los Angeles, Madera, Mariposa, Napa, Nevada, Orange, Sacramento, San Mateo, Santa Clara, and Tuolumne). According to the SOS’s website, as of last year, an additional twelve counties have adopted the CVCA election model for a total of 27 counties.
Elections, COVID-19, and Previous Legislation. Due to concerns that conducting in-person voting during the spread of COVID-19 could threaten the health and safety of voters, election workers, and the public generally, the Legislature approved and Governor Newsom signed bills that made significant changes to the way that the state conducted the November 2020 presidential general election. Those changes largely were enacted through two bills—AB 860 (Berman), Chapter 4, Statutes of 2020 and SB 423 (Umberg), Chapter 31, Statutes of 2020. Notably, those bills required that a mail ballot be sent to every active registered voter, provided voters in all counties with the ability to track their ballot, authorized changes to in-person voting requirements, and made other changes to facilitate the expected surge in voting by mail at the November election.
In February 2021, SB 29 (Umberg), Chapter 3, Statutes of 2021, was signed into law and continued the practice of requiring county elections officials to mail a ballot to every active registered voter for all elections proclaimed or conducted prior to January 1, 2022. Subsequently, in September 2021, AB 37 (Berman), Chapter 312, Statues of 2021, was signed into law which permanently requires an elections official to send every active voter a VBM ballot for each election in which they are eligible to vote, among other provisions.
Vote by Mail Ballot Rejection Studies. In September 2020, the California Voter Foundation in collaboration with the University of Southern California (USC) Center for Inclusive Democracy examined demographic and voting methods of voters in Sacramento, Santa Clara, and San Mateo counties whose November 2018 VBM ballots were rejected and the reasons for the rejection. The study found that the top three reasons a VBM ballot was rejected were late arrivals of VBM ballots, missing signatures on VBM ballot identification envelopes, and signatures that did not sufficiently match the voter registration signatures on file.
In a 2021 study, the USC Center for Inclusive Democracy found that of all the VBM ballots cast (both counted and rejected) in California, 0.5% (80,363 ballots) were rejected in the 2020 general election. Latinos, young voters, new voters, and previous polling place voters had higher rates of VBM ballot rejections than the general population. Asian-American voters had similar rejection rates as the general population.
According to the study, in the 2020 general election, the majority (76.8%) of rejected VBM ballots were not counted due to signature issues. Over 59% (47,785 ballots) of all rejected VBM ballots in California had non-matching signatures and 17.3% (13,913 ballots) had missing signatures. Another 16.1% (12,969 ballots) of rejected VBM ballots were rejected for arriving late and 7.1% (5,696 ballots) were rejected for other reasons. Key takeaways from the report state that Latino and previous polling place voters had higher rates of non-matching signatures than the general population. Asian-American voters had higher rates of missing signatures than the general population. Young voters (aged 18 to 24) had higher rates of non-matching signatures than older voters (aged 65 and over), while older voters had higher rates of late VBM ballots than young voters. Foreign-born voters had higher rates of missing signatures than U.S.-born voters, while U.S.-born voters had higher rates of late and non-matching signatures.
Mail Ballot Usage. According to official election results compiled by the SOS, California voters are increasingly choosing to vote using a ballot sent to them instead of voting in-person. The chart below shows historical use of VBM ballots in statewide elections since 2016. The results show a steady increase in the use of VBM ballots even before policy changes were made to send every eligible voter a ballot. That trend has continued after those policy changes were implemented.
Year | Statewide Election | Total Ballots Cast | VBM Ballots Cast | % | In-Person Ballots Cast | % |
2016 | Primary | 8,548,301 | 5,036,262 | 58.92% | 3,512,039 | 41.08% |
General | 14,610,509 | 8,443,594 | 57.79% | 6,166,915 | 42.21% | |
2018 | Primary | 7,141,987 | 4,834,975 | 67.70% | 2,307,021 | 32.30% |
General | 12,712,542 | 8,302,488 | 65.31% | 4,410,054 | 34.69% | |
2020 | Primary | 9,687,076 | 6,982,750 | 72.08% | 2,704,326 | 27.92% |
General | 17,785,151 | 15,423,301 | 86.72% | 2,361,850 | 13.28% | |
2021 | Special | 12,892,578 | 11,733,429 | 91.01% | 1,159,149 | 8.99% |
2022 | Primary | 7,285,230 | 6,647,212 | 91.24% | 638,018 | 8.76% |
General | 11,146,610 | 9,755,188 | 87.52% | 1,391,422 | 12.48% |
COMMENTS
- According to the author: California has been unwavering in our commitment to expand and protect ballot access. We’ve taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and a process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters.
- Argument in Support. In a letter sponsoring AB 1037, the League of Women Voters of California stated, in part, the following:
AB 1037 recognizes that there are more modern and efficient electronic means for elections officials to receive signature verification and unsigned identification envelope statements. The legislation would shorten the time delay in returning corrections, address voters who may not be able to use one of the current mechanisms due to physical disabilities or other reasons, and streamline the process overall. In all, more voters would be able to ensure their ballot can be counted.
RELATED/PRIOR LEGISLATION
AB 1004 (Ta) of 2023 permits a voter whose signature on a state, county, city, or district initiative, referendum, or recall petition is invalidated by an elections official to submit a signature verification statement to verify the voter’s signature, as specified. AB 1004 was held on the Assembly Committee on Appropriations’ Suspense File.
AB 477 (Mullin), Chapter 726, Statutes of 2015, allowed a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election in order to have their ballot counted, as specified.
AB 840 (Quirk), Chapter 820, Statutes of 2017, authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified.
SB 523 (McGuire), Chapter 568, Statutes of 2019, required counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
SB 503 (Becker), Chapter 319, Statutes of 2021 provided additional clarity and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties.
PRIOR ACTION
Assembly Floor: | |
Assembly Appropriations Committee: | |
Assembly Elections Committee: |
POSITIONS
Sponsor: California Association of Clerks and Election Officials
Support: County of Los Angeles
Disability Rights California
League of Women Voters of California
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1037
Author:(Berman)
As Amended Ver:April 11, 2023
Majority vote
SUMMARY
Permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) ballot identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified.
Major Provisions
- Permits a voter who has a missing signature or a mismatched signature on their VBM ballot identification envelope to submit a signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official.
- Requires a local elections official offering electronic means for submission of a statement, other than what is permitted under existing law, to establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter's ballot.
COMMENTS
In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process for those ballots. AB 477 (Mullin), Chapter 726, Statutes of 2015, allows a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. AB 840 (Quirk), Chapter 820, Statutes of 2017, authorizes a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire), Chapter 568, Statutes of 2019, requires counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter's registration record. Additionally, SB 503 (Becker), Chapter 319, Statutes of 2021, codifies various provisions of the Secretary of State's (SOS) signature verification emergency regulations and provides clear and uniform statewide signature verification standards.
This bill provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
According to the Author
"California has been unwavering in our commitment to expand and protect ballot access. We've taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and the process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters."
Arguments in Support
In support of this bill, Disability Rights California writes, "This bill authorizes county elections officials to offer voters an additional option to fix or cure their ballot electronically if the vote-by-mail signatures do not match, or if the envelope does not contain a signature. By providing an additional option for curing ballots, this bill makes it less likely voters with disabilities will have their vote-by-mail ballots rejected.
"As a disability rights organization, we support AB 1037 because it expands how voters with disabilities may cure their vote-by-mail ballot signatures if it does not match the one on file or is missing. By adding a new electronic method for returning a signature, this bill makes it more likely that voters with disabilities will be able to act to verify their signature or provide a new one. This bill helps address an important voter equity. Mismatched signatures disproportionately impact people with disabilities because many disabilities can cause inconsistent signatures. Additionally, this bill will make the process more accessible to voters with disabilities because it expands the reply options methods beyond paper-based notices."
Arguments in Opposition
None received.
FISCAL COMMENTS
- By requiring a county elections official to update the printed notice and instructions for specified signature documents to add that other electronic means of submission may be available, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, counties could claim reimbursement from the state. However, costs to update and reprint forms are likely absorbable (General Fund).
- One-time costs of approximately $35,000 to the SOS to secure language translations for the updated notices created by this bill and update the VoteCal statewide voter database and My Voter Status online look-up tool to align with county practices.
VOTES
ASM ELECTIONS: 6-2-0
YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio
NO: Lackey, Essayli
ASM APPROPRIATIONS: 12-3-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson
NO: Megan Dahle, Dixon, Sanchez
ABS, ABST OR NV: Mathis
UPDATED
VERSION: April 11, 2023
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0000347
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1037
Author:(Berman) – As Amended Ver:April 11, 2023
Policy Committee: | Elections | Vote: | 6 - 2 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill allows a voter with a missing or mismatched signature on their vote-by-mail (VBM) identification envelope to return a signature verification statement or unsigned identification envelope statement by electronic means other than email or fax, if such electronic means are made available by the local elections official.
The elections official must establish appropriate privacy and security protocols to ensure the information is received directly and securely by the elections official.
FISCAL EFFECT:
- By requiring a county elections official to update the printed notice and instructions for specified signature documents to add that other electronic means of submission may be available, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, counties could claim reimbursement from the state. However, costs to update and reprint forms are likely absorbable (General Fund).
- One-time costs of approximately $35,000 to the Secretary of State to secure language translations for the updated notices created by this bill and update the VoteCal statewide voter database and My Voter Status online look-up tool to align with county practices.
COMMENTS:
- Purpose. The author notes far too many ballots go uncounted due to mismatched or missing signatures. According to the author, this bill “takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures.” This bill is sponsored by the California Association of Clerks and Election Officials and supported by disability rights and voting rights groups.
- Signature Cure Process. As an increasing number of voters prefer to vote via VBM ballots, the Legislature has undertaken many efforts to modify the signature verification process to reduce the number of rejected VBM ballots due to incomplete or invalid ballot identification envelopes. Most relatedly, SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter’s registration record. And, SB 523 (McGuire), Chapter 568, Statutes of 2019, required a county to notify a voter whose signature is missing on a VBM ballot and aligns the cure process with that for mismatched signatures. Under these processes, a voter can return the relevant corrective signature statement in person or by mail, fax, or email. This bill additionally allows return via other electronic means made available by the elections official.
- Related Legislation. AB 1004 (Ta) establishes a process for a voter to verify their signature when their signature on a state or local initiative, referendum, or recall petition is invalidated. AB 1004 is pending hearing in this committee.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON ELECTIONS
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 1037 (
Author:Berman) – As Amended Ver:April 11, 2023
SUBJECT: Vote by mail ballots: signature verification.
SUMMARY: Permits a voter who has a missing signature or a mismatched signature on their vote by mail (VBM) identification envelope to return a completed signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official, as specified. Specifically, this bill:
- Permits a voter who has a missing signature or a mismatched signature on their VBM identification envelope to submit a signature verification statement or unsigned identification envelope statement by electronic means, in addition to those permitted under existing law, if such means are made available by the elections official.
- Requires a local elections official offering electronic means for submission of a statement, other than what is permitted under existing law, to establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
- Makes other technical and conforming changes.
EXISTING LAW:
- Provides that provisions of law governing VBM voting shall be liberally construed in favor of the VBM voter. (Elections Code §3000)
- Requires a county elections official to mail a ballot to every active registered voter for every election in which the voter is eligible to participate, and provides that the distribution of VBM ballots to registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location. (Elections Code §3000.5)
- Authorizes any county, pursuant to the California Voter’s Choice Act (CVCA), to conduct elections in which every active registered voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on election day, in lieu of operating polling places for the election, subject to certain conditions. (Elections Code §4005)
- Requires a county elections official, upon receiving a VBM ballot, to compare the signature on the VBM ballot identification envelope with either of the following:
- The signature appearing on the voter's affidavit of registration or 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 and is part of the voter's registration record. (Elections Code §3019(a)(1))
- The signature appearing on the voter's affidavit of registration or any previous affidavit of registration of the voter; or,
- Requires an elections official, when comparing the signature on the identification envelope, to apply certain presumptions, as specified. (Elections Code §3019(a)(2))
- Provides that if the elections official determines, upon comparing signatures, that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter's registration record, the signature is subject to additional procedures that provide that a signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter's registration record. (Elections Code §3019(c))
- Requires a notice sent to a voter who did not sign their VBM ballot identification envelope or whose signature does not compare pursuant to existing law to be sent by first-class mail on or before the next business day following a determination that a voter's signature does not compare, as specified. (Elections Code §3019(d))
- Allows a voter to return their signature verification statement or unsigned identification envelope statement by mail, email, facsimile transmission, or in person at a polling place within the county or to a ballot dropoff box. (Elections Code §§3019(d)(2); 3019(e)(2))
- Provides that voter registration information is confidential. Permits voter registration information to be provided to candidates for federal, state or local office, to any ballot measure committee, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes as determined by the Secretary of State (SOS). (Elections Code §2194)
FISCAL EFFECT: Unknown. State-mandated local program; contains reimbursement direction.
COMMENTS:
- Purpose of the Bill: According to the author:
California has been unwavering in our commitment to expand and protect ballot access. We’ve taken steps to make registration simpler, make ballot language more accessible, increase access to ballot drop boxes, and send a vote by mail ballot to every active registered voter and provide a means to track your ballot. Yet far too many ballots go uncounted due to mismatched or missing signatures and the process that can be improved. AB 1037 takes one more step to modernize and simplify voting by authorizing election officials to use electronic means to cure missing or mismatched ballot signatures. Incorporating this option can provide greater efficiency and further meet the needs of voters.
- Signature Cure Process and Previous Legislation: In an effort to reduce the number of rejected VBM ballots, the Legislature has taken a number of steps to modify the signature verification process for those ballots. In 2015, the Legislature passed and Governor Brown signed AB 477 (Mullin), Chapter 726, Statutes of 2015, which allows a voter who failed to sign their VBM ballot identification envelope to complete, sign, and return by mail or facsimile an unsigned ballot statement up to eight days after the election, as specified, in order to have their ballot counted. In 2017, AB 840 (Quirk), Chapter 820, Statutes of 2017, was signed into law and authorized a voter to submit their completed unsigned ballot statement to the local elections official by email.
SB 759 (McGuire), Chapter 446, Statutes of 2018, created a cure process for a voter whose signature on their VBM ballot identification envelope does not match the signature on file in the voter's registration record, as specified. SB 523 (McGuire), Chapter 568, Statutes of 2019, requires counties to notify a voter whose signature was missing on a VBM ballot identification envelope, and aligns the processes for handling unsigned VBM ballot envelopes with the processes for handling VBM ballot envelopes with signatures that do not match the signatures on file in the voter’s registration record.
Additionally, last session SB 503 (Becker), Chapter 319, Statutes of 2021 was signed into law to provide clear and uniform statewide signature verification standards to ensure voters’ signatures are evaluated consistently across all counties. SB 503 requires various provisions of the SOS's signature verification emergency regulations to be codified into state statute. Specifically, SB 503 requires an elections official, upon receiving a VBM ballot and comparing the voter’s signature on the identification envelope with signatures in the voter’s registration record, to apply certain presumptions, and provides for a signature to be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record, as specified. Additionally, SB 503 requires the SOS, when promulgating regulations pertaining to signature comparison, to consult with elections experts, voter access and advocacy stakeholders, and elections officials, among other provisions.
This bill provides voters with another method to return their completed unsigned identification envelope statement or signature verification statement and allows a voter to submit their completed statement by other electronic means made available by the local elections official.
- Other States and Signature Cure Processes: According to the National Conference of State Legislatures, 24 states require election officials to notify voters when there is a missing signature or a signature discrepancy on a voter’s VBM ballot return envelope, and require that voters be given an opportunity to correct it.
Notably, Nevada and Colorado have recently adopted an electronic signature cure process, also known as “text to cure” or “TXT2Cure” that allows a voter the option to cure their ballot expeditiously through electronic means. Any voter who has a signature discrepancy is sent a cure notification from their county clerk that includes an affidavit with instructions on how they can return the signed paper affidavit with a photocopy of an acceptable form of identification to their county election office or instructions for voters to use the TXT2Cure system.
Generally, to use a TXT2Cure system, a voter will be provided a link and identification information on the cure letter to login and submit their signature via their smartphone. For example, in order for a Colorado voter to electronically cure their signature they must follow the following steps: 1) Text the word "COLORADO" to the number 28683; 2) Touch the link received in the reply text; 3) Click the "Cure My Ballot" button; 4) Enter the Voter ID number that is provided in the voter’s cure letter; 5) When prompted, provide a signature by signing the screen of the mobile phone; 6) When prompted, use the mobile phone’s camera to take a picture of an acceptable form of ID; and, 7) Click submit. Both Colorado and Nevada have been offering the TXT2Cure systems since 2020. According to a press releases from the Colorado SOS’s office, the TXT2Cure system is designed to reduce the number of ballots rejected due to missing or discrepant signatures, and is especially geared for younger voters who statistically have more ballots with signature discrepancies. Typically, younger voters have fewer signatures on file, and have signatures that are evolving. Through leveraging technology familiar to young people, TXT2Cure helps make sure these younger voters have their ballots counted. Additionally, voters may be more inclined to quickly go online and submit their signature, as opposed to mailing, faxing, or emailing the signed cure letter - Vote by Mail Ballots and Previous Legislation: In 2001, the Legislature approved and Governor Davis signed AB 1520 (Shelley), Chapter 922, Statutes of 2001, which, among other provisions, authorized any voter to become a permanent VBM voter. As a result, California voters have increasingly used VBM ballots to vote in elections.
In 2016, SB 450 (Allen), Chapter 832, Statutes of 2016, enacted the CVCA, which permits counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 11 days, including election day. In 2018, five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under this system.
In 2020, fifteen counties chose to conduct elections pursuant to the CVCA (Amador, Butte, Calaveras, El Dorado, Fresno, Los Angeles, Madera, Mariposa, Napa, Nevada, Orange, Sacramento, San Mateo, Santa Clara, and Tuolumne). According to the SOS’s website, as of last year, an additional twelve counties have adopted the CVCA election model for a total of 27 counties.
- Elections, COVID-19, and Previous Legislation: Due to concerns that conducting in-person voting during the spread of COVID-19 could threaten the health and safety of voters, election workers, and the public generally, the Legislature approved and Governor Newsom signed bills that made significant changes to the way that the state conducted the November 2020 presidential general election. Those changes largely were enacted through two bills—AB 860 (Berman), Chapter 4, Statutes of 2020 and SB 423 (Umberg), Chapter 31, Statutes of 2020. Notably, those bills required that a mail ballot be sent to every active registered voter, provided voters in all counties with the ability to track their ballot, authorized changes to in-person voting requirements, and made other changes to facilitate the expected surge in voting by mail at the November election.
In February 2021, SB 29 (Umberg), Chapter 3, Statutes of 2021, was signed into law and continued the practice of requiring county elections officials to mail a ballot to every active registered voter for all elections proclaimed or conducted prior to January 1, 2022. Subsequently, in September 2021, AB 37 (Berman), Chapter 312, Statues of 2021, was signed into law which permanently requires an elections official to send every active voter a VBM ballot for each election in which they are eligible to vote, among other provisions.
- Vote by Mail Ballot Rejection Studies: In September 2020, the California Voter Foundation in collaboration with the University of Southern California (USC) Center for Inclusive Democracy examined demographic and voting methods of voters in Sacramento, Santa Clara, and San Mateo counties whose November 2018 VBM ballots were rejected and the reasons for the rejection. The study found that the top three reasons a VBM ballot was rejected were late arrivals of VBM ballots, missing signatures on VBM ballot identification envelopes, and signatures that did not sufficiently match the voter registration signatures on file.
In a 2021 study, the USC Center for Inclusive Democracy found that of all the VBM ballots cast (both counted and rejected) in California, 0.5% (80,363 ballots) were rejected in the 2020 general election. Latino, young voters, new voters, and previous polling place voters had higher rates of VBM ballot rejections than the general population. Asian-American voters had similar rejection rates as the general population
According to the study, in the 2020 general election, the majority (76.8%) of rejected VBM ballots were not counted due to signature issues. Over 59% (47,785 ballots) of all rejected VBM ballots in California had non-matching signatures and 17.3% (13,913 ballots) had missing signatures. Another 16.1% (12,969 ballots) of rejected VBM ballots were rejected for arriving late and 7.1% (5,696 ballots) were rejected for other reasons. Key takeaways from the report state that Latino and previous polling place voters had higher rates of non-matching signatures than the general population. Asian-American voters had higher rates of missing signatures than the general population. Young voters (aged 18 to 24) had higher rates of non-matching signatures than older voters (aged 65 and over), while older voters had higher rates of late VBM ballots than young voters. Foreign-born voters had higher rates of missing signatures than U.S.-born voters, while U.S.-born voters had higher rates of late and non-matching signatures. - Mail Ballot Usage: According to official election results compiled by the SOS, California voters are increasingly choosing to vote using a ballot sent to them, instead of voting in-person. The chart below shows historical use of VBM ballots in statewide elections since 2016. The results show a steady increase in the use of VBM ballots even before policy changes were made to send every eligible voter a ballot. That trend has continued after those policy changes were implemented.
Year | Statewide Election | Total Ballots Cast | VBM Ballots Cast | % | In-Person Ballots Cast | % |
2016 | Primary | 8,548,301 | 5,036,262 | 58.92% | 3,512,039 | 41.08% |
General | 14,610,509 | 8,443,594 | 57.79% | 6,166,915 | 42.21% | |
2018 | Primary | 7,141,987 | 4,834,975 | 67.70% | 2,307,021 | 32.30% |
General | 12,712,542 | 8,302,488 | 65.31% | 4,410,054 | 34.69% | |
2020 | Primary | 9,687,076 | 6,982,750 | 72.08% | 2,704,326 | 27.92% |
General | 17,785,151 | 15,423,301 | 86.72% | 2,361,850 | 13.28% | |
2021 | Special | 12,892,578 | 11,733,429 | 91.01% | 1,159,149 | 8.99% |
2022 | Primary | 7,285,230 | 6,647,212 | 91.24% | 638,018 | 8.76% |
General | 11,146,610 | 9,755,188 | 87.52% | 1,391,422 | 12.48% |
- Arguments in Support: In support of this bill, Disability Rights California writes:
This bill authorizes county elections officials to offer voters an additional option to fix or cure their ballot electronically if the vote-by-mail signatures do not match, or if the envelope does not contain a signature. By providing an additional option for curing ballots, this bill makes it less likely voters with disabilities will have their vote-by-mail ballots rejected.
As a disability rights organization, we support AB 1037 because it expands how voters with disabilities may cure their vote-by-mail ballot signatures if it does not match the one on file or is missing. By adding a new electronic method for returning a signature, this bill makes it more likely that voters with disabilities will be able to act to verify their signature or provide a new one. This bill helps address an important voter equity. Mismatched signatures disproportionately impact people with disabilities because many disabilities can cause inconsistent signatures. Additionally, this bill will make the process more accessible to voters with disabilities because it expands the reply options methods beyond paper-based notices.
- Related Legislation: AB 1004 (Ta), permits a voter whose signature on a state, county, city, or district initiative, referendum, or recall petition is invalidated by an elections official to submit a signature verification statement to verify the voter’s signature, as specified. AB 1004 is also being heard in this committee today.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Clerks and Election Officials (Sponsor)
Disability Rights California
League of Women Voters of California
Opposition
None on file.
Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094
Bill Co-Author(s):