California 2009 2009-2010 Regular Session

California Assembly Bill AB1424 Introduced / Bill

Filed 02/27/2009

 BILL NUMBER: AB 1424INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Knight FEBRUARY 27, 2009 An act to amend Section 3011 of the Elections Code, and to add Section 14902.5 to the Vehicle Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1424, as introduced, Knight. Elections: vote by mail. Existing law requires that the identification envelope for returning vote by mail ballots contain specified information. This bill would additionally require that the identification envelope include a verification panel, concealed during mailing, setting forth the last 4 digits of the voter's California driver's license or identification card number or, if unavailable, the last 4 digits of the voter's social security number. The bill would require the elections official to verify the accuracy of that information before counting the vote. Because the bill would increase duties of local 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. AB 1424, as introduced, Knight. Elections: vote by mail. Existing law requires that the identification envelope for returning vote by mail ballots contain specified information. This bill would additionally require that the identification envelope include a verification panel, concealed during mailing, setting forth the last 4 digits of the voter's California driver's license or identification card number or, if unavailable, the last 4 digits of the voter's social security number. The bill would require the elections official to verify the accuracy of that information before counting the vote. Because the bill would increase duties of local 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 3011 of the Elections Code is amended to read: 3011. (a) The identification envelope shall contain all of the following  information  : (1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. (2) The signature of the voter. (3) The residence address of the voter as shown on the affidavit of registration. (4) The date of signing. (5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (6) A warning plainly stamped or printed on it that voting twice constitutes a crime. (7) A warning plainly stamped or printed on it that the voter must sign the  envelope   verification panel, described in paragraph (12),  in his or her own handwriting in order for the ballot to be counted. (8) A statement that the voter has neither applied, nor intends to apply, for a vote by mail voter's ballot from any other jurisdiction for the same election. (9) The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (10) The relationship to the voter of the person authorized to return the vote by mail ballot. (11) The signature of the person authorized to return the vote by mail ballot.  (12) A verification panel, concealed during mailing, requiring the last four digits of the voter's California driver's license number or California identification card number or, if neither is available, the last four digits of the voter's social security number.  (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voter's party affiliation may not be stamped or printed on the identification envelope.  (c) (1) An elections official shall verify that the information provided pursuant to paragraph (12) of subdivision (a) is from the California driver's license or California identification card or social security number issued to the voter submitting the vote by mail ballot before the vote may be counted.   (2) Paragraph (1) shall not apply to a valid ballot cast pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Sec. 1973ff-1 et seq.).  SEC. 2. Section 14902.5 is added to the Vehicle Code, to read: 14902.5. Notwithstanding any other provision of law, the fee for an original or replacement identification card shall be waived for a person who requests the identification card for purposes of satisfying the verification panel requirement of Section 3011 of the Elections Code. 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. SECTION 1. Section 3011 of the Elections Code is amended to read: 3011. (a) The identification envelope shall contain all of the following  information  : (1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. (2) The signature of the voter. (3) The residence address of the voter as shown on the affidavit of registration. (4) The date of signing. (5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (6) A warning plainly stamped or printed on it that voting twice constitutes a crime. (7) A warning plainly stamped or printed on it that the voter must sign the  envelope   verification panel, described in paragraph (12),  in his or her own handwriting in order for the ballot to be counted. (8) A statement that the voter has neither applied, nor intends to apply, for a vote by mail voter's ballot from any other jurisdiction for the same election. (9) The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (10) The relationship to the voter of the person authorized to return the vote by mail ballot. (11) The signature of the person authorized to return the vote by mail ballot.  (12) A verification panel, concealed during mailing, requiring the last four digits of the voter's California driver's license number or California identification card number or, if neither is available, the last four digits of the voter's social security number.  (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voter's party affiliation may not be stamped or printed on the identification envelope.  (c) (1) An elections official shall verify that the information provided pursuant to paragraph (12) of subdivision (a) is from the California driver's license or California identification card or social security number issued to the voter submitting the vote by mail ballot before the vote may be counted.   (2) Paragraph (1) shall not apply to a valid ballot cast pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Sec. 1973ff-1 et seq.).  SEC. 2. Section 14902.5 is added to the Vehicle Code, to read: 14902.5. Notwithstanding any other provision of law, the fee for an original or replacement identification card shall be waived for a person who requests the identification card for purposes of satisfying the verification panel requirement of Section 3011 of the Elections Code. 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.