California Assembly Bill AB477 Amended / Bill

 BILL NUMBER: AB 477AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2015 INTRODUCED BY Assembly Member Mullin FEBRUARY 23, 2015 An act to amend Section 3019 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 477, as amended, Mullin. Elections: vote by mail ballots. Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) the signature appearing on the voter's affidavit of registration or a previous affidavit of registration of the voter, or (2) the signature appearing on a form issued by an elections official that contains the voter's signature, that is part of the voter's registration record, and that the elections official has determined compares with the signature on the voter's affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.  This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (2) above, determine that the signature appearing on a form issued by the elections official that contains the voter's signature compares with the signature on the voter's affidavit of registration or a previous affidavit of registration of the voter.  If an elections official determines that a voter has failed to sign the identification envelope,  this   the  bill would prohibit the elections official from rejecting the vote by mail ballot if the voter  signs the identification envelope at the elections official's office before 5 p.m. on the 10th day after the election,  completes and submits  a vote by mail ballot affidavit   an unsigned ballot statement, as specified,  before 5 p.m. on the  10th  day  before   after  the  election, as specified.   election, or completes and submits an   unsigned ballot statement to a polling place within the county or a ballot drop-off box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement.  The bill would require the elections official, upon receipt of the  vote by mail ballot affidavit,   unsigned ballot statement,  to compare the voter's signature on the  affidavit,   statement,  as described above, and, if the signatures compare, would require the elections official to attach the  affidavit   statement  to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the  vote by mail ballot affidavit   unsigned ballot statement  and instructions on completing the  affidavit,   statement,  and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the  vote by mail ballot affidavit   unsigned ballot statement  and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill 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 3019 of the Elections Code is amended to read: 3019. (a) Upon receipt of 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: (1) The signature appearing on the voter's affidavit of registration or a previous affidavit of registration of the voter. (2) The signature appearing on a form issued by an elections official that contains the voter's  signature,   signature and  that is part of the voter's registration  record, and that the elections official has determined compares with the signature on the voter's affidavit of registration or a previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrates the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter.   record.  (b) In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters' signatures if the method of preparing and displaying the facsimiles complies with the law. (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office. (2) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope. (d) The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare. (e) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare. (f) (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  completes and submits a vote by mail ballot affidavit before 5 p.m. on the day before the election, in accordance with the following:   does any of the following:   (i) Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the tenth day after the election.   (A) The voter shall complete a vote by mail ballot affidavit   (ii)     Before 5 p.m. on the tenth day after the election, completes and submits an unsigned ballot statement  in substantially the following form:  ""VOTE BY MAIL BALLOT AFFIDAVIT   ""UNSIGNED BALLOT STATEMENT  I,__, am a registered voter of __________ County, State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. 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  affid   st  a  vi   temen  t means that my vote by mail ballot will be invalidated. ______________________ Voter's Signature ___________________ Address''  (iii) Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot drop-off box.  (B)  If timely submitted, the elections official shall accept any completed unsigned ballot statement.  Upon receipt of the  vote by mail ballot affidavit,   unsigned ballot statement.  the elections official shall compare the voter's signature on the  affidavit   statement  in the manner provided by this section. (i) If the elections official determines that the signatures compare, he or she shall attach the  vote by mail ballot affidavit   unsigned ballot statement  to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. (ii) If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.  (C) An elections official may use methods other than those described in subparagraph (A) to obtain a voter's signature on an unsigned identification envelope.  (2) Instructions shall accompany the  vote by mail ballot affidavit   unsigned ballot statement  in substantially the following form: ""READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE  AFFID   ST  A  VI   TEMEN  T. 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  affid   st  a  vi   temen  t should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no  later than 5 p.m. on the day before the election.   later than 5 p.m. on the 10th day after the   election.  2. You must sign your name on the line above (Voter's Signature). 3.Place the  affid   st  a  vi   temen  t into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed  affid   st  a vi   temen  t to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. 4. Alternatively, you may submit your completed  affidavit by facsimile transmission or by e-mail   delivery to your local elections official. If   submitting by e-mail delivery, please provide   the affidavit as an attachment.''   statement by facsimile transmission to your   local elections official, or submit your   completed statement to a polling place within   the county or a ballot drop-off box before the   close of the polls on election day.  (3) The Secretary of State shall include the  vote by mail ballot affidavit   unsigned ballot statement  and instructions described in this subdivision on his or her Internet Web site, and shall provide a list of mailing  addresses, electronic mail addresses,   addresses  and facsimile transmission numbers of all elections officials, or provide conspicuous hyperlinks to that information, on the Internet Web page containing the  affidavit   statement  and instructions. (4) An elections official shall include the  vote by mail ballot affidavit   unsigned ballot statement  and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections official's mailing  address, electronic mail address,   address  and facsimile transmission number on the Internet Web page containing the  affidavit   statement  and instructions. (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. 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.