California Assembly Bill AB1367 Amended / Bill

 BILL NUMBER: AB 1367AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 28, 2009 AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Members Fletcher, Cook, DeVore, Gilmore, and Knight (Principal coauthor: Senator Runner) FEBRUARY 27, 2009 An act to add Section  3020.5   3103.7  to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1367, as amended, Fletcher. Elections: vote by mail ballots. Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day. This bill would make an exception for  absent uniformed services   special absentee  voters, as defined,  temporarily living outside of the territorial limits of the United States or the District of Columbia  and would instead require that their vote by mail ballot be postmarked or signed and dated by the voter on or before election day and received by their elections official not later than 21 days after election day. Because the bill would impose additional duties on elections officials, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section  3020.5   3103.7  is added to the Elections Code, to read:  3020.5.   3103.7.  Notwithstanding Section 3020, 3311, or 4103, or any other provision of law, a vote by mail ballot of a  member of the Armed Forces of the United States who is an absent uniformed services voter, as defined by subsection (1) of Section 1973ff-6 of Title 42 of the United States Code,   special absentee voter under subdivision (b) of Section 300 who is temporarily living outside of the territorial limits of the United States or the District of Columbia  shall be timely cast if it is postmarked by the United States Postal Service or the Military Postal Service Agency or is signed and dated by the voter on or before election day and received by the voter's elections official not later than 21 days after election day. 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.