AB 3184: Elections: signature verification statements, unsigned ballot identification statements, and reports of ballot rejections.

(1)Existing law, upon receiving a vote by mail ballot, requires the elections official to compare the signature on the identification envelope with either the signature appearing on the voters affidavit or other signature appearing on a form that is part of the voters registration record. Existing law, if it is determined that the signatures do not compare, requires the elections official to send by first-class mail notice to the voter of the opportunity to verify the voters signature. Existing law prohibits the elections official from rejecting a vote by mail with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voters record.

Existing law prohibits the elections official from rejecting a vote by mail ballot if the voter failed to sign the identification envelope, but the voter signs an unsigned identification envelope statement.

Existing law requires an elections official to include the vote by mail ballot signature verification statement, unsigned identification envelope statement, and corresponding instructions on the elections officials internet website.

This bill would instead require the elections official to include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions for the completion of the statement, on the elections officials internet website. The bill would require the elections official to accept the combined statement for purposes of satisfying the above-described requirements for a signature verification statement or an unsigned identification envelope statement.

By imposing new duties on local election officials, the bill would impose a state-mandated local program.

(2)Existing law treats information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file as confidential and prohibits disclosure, except as specified.

This bill would require that information to be provided to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.

(3)Existing law requires a local elections official to report to the Secretary of State, within 31 days of the election, the number of vote by mail ballots rejected, categorized according to the reason for the rejection. Existing law requires the Secretary of State, upon receipt of this information, to publish a report containing the information for every election, including local special elections, on the Secretary of States internet website.

This bill instead would require the Secretary of State to publish the report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.

(4)Existing law requires the canvass of an election to commence no later than the Thursday following the election and to be continued daily, not including Saturdays, Sundays, and holidays, for not less than 6 hours each day until completed. Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election, except as specified.

This bill would prohibit the elections official from certifying the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election, except under specified conditions. The bill would authorize the official canvass to be continued for fewer than 6 hours per day until completion, if the only ballots that the elections official has left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature or to provide their signature, as specified, and the elections official does not need to continue the official canvass for at least 6 hours per day in order to complete the official canvass by the 28th calendar day following the election. The bill would repeal these provisions on January 1, 2025.

(5)This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 884 to be operative only if this bill and AB 884 are enacted and this bill is enacted last.

(6)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.

(7)This bill would declare that it is to take effect immediately as an urgency statute.