California 2021-2022 Regular Session

California Assembly Bill AB1591 Compare Versions

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1-Assembly Bill No. 1591 CHAPTER 100 An act to amend Sections 13204, 13300.7, 14298, 17300, and 17303 of the Elections Code, relating to elections. [ Approved by Governor July 16, 2021. Filed with Secretary of State July 16, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 1591, Committee on Elections. Elections omnibus bill.(1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.(2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.(4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13204 of the Elections Code is amended to read:13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.SEC. 2. Section 13300.7 of the Elections Code is amended to read:13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.SEC. 3. Section 14298 of the Elections Code is amended to read:14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.SEC. 4. Section 17300 of the Elections Code is amended to read:17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.SEC. 5. Section 17303 of the Elections Code is amended to read:17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
1+Enrolled July 06, 2021 Passed IN Senate July 05, 2021 Passed IN Assembly May 06, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1591Introduced by Committee on Elections (Assembly Members Berman (Chair), Seyarto (Vice Chair), Bennett, Low, Mayes, Mullin, and Blanca Rubio)March 18, 2021 An act to amend Sections 13204, 13300.7, 14298, 17300, and 17303 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1591, Committee on Elections. Elections omnibus bill.(1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.(2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.(4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13204 of the Elections Code is amended to read:13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.SEC. 2. Section 13300.7 of the Elections Code is amended to read:13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.SEC. 3. Section 14298 of the Elections Code is amended to read:14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.SEC. 4. Section 17300 of the Elections Code is amended to read:17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.SEC. 5. Section 17303 of the Elections Code is amended to read:17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
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3- Assembly Bill No. 1591 CHAPTER 100 An act to amend Sections 13204, 13300.7, 14298, 17300, and 17303 of the Elections Code, relating to elections. [ Approved by Governor July 16, 2021. Filed with Secretary of State July 16, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 1591, Committee on Elections. Elections omnibus bill.(1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.(2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.(4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled July 06, 2021 Passed IN Senate July 05, 2021 Passed IN Assembly May 06, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1591Introduced by Committee on Elections (Assembly Members Berman (Chair), Seyarto (Vice Chair), Bennett, Low, Mayes, Mullin, and Blanca Rubio)March 18, 2021 An act to amend Sections 13204, 13300.7, 14298, 17300, and 17303 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1591, Committee on Elections. Elections omnibus bill.(1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.(2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.(4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Assembly Bill No. 1591 CHAPTER 100
5+ Enrolled July 06, 2021 Passed IN Senate July 05, 2021 Passed IN Assembly May 06, 2021
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7- Assembly Bill No. 1591
7+Enrolled July 06, 2021
8+Passed IN Senate July 05, 2021
9+Passed IN Assembly May 06, 2021
810
9- CHAPTER 100
11+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
12+
13+ Assembly Bill
14+
15+No. 1591
16+
17+Introduced by Committee on Elections (Assembly Members Berman (Chair), Seyarto (Vice Chair), Bennett, Low, Mayes, Mullin, and Blanca Rubio)March 18, 2021
18+
19+Introduced by Committee on Elections (Assembly Members Berman (Chair), Seyarto (Vice Chair), Bennett, Low, Mayes, Mullin, and Blanca Rubio)
20+March 18, 2021
1021
1122 An act to amend Sections 13204, 13300.7, 14298, 17300, and 17303 of the Elections Code, relating to elections.
12-
13- [ Approved by Governor July 16, 2021. Filed with Secretary of State July 16, 2021. ]
1423
1524 LEGISLATIVE COUNSEL'S DIGEST
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1726 ## LEGISLATIVE COUNSEL'S DIGEST
1827
1928 AB 1591, Committee on Elections. Elections omnibus bill.
2029
2130 (1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.(2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.(4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.
2231
2332 (1) Existing law requires a ballot to direct voters, with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal, as further specified, to mark the voting target next to the word Yes or No, to the right of the name of the candidate. Existing law also requires a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or after the word No.
2433
2534 This bill would remove the part of the above-described direction regarding voting for a Justice of the California Supreme Court or the California Court of Appeal that requires voters to mark the voting target to the right of the name of the candidate. The bill would require a ballot to direct voters, with respect to voting on any measure, to mark the voting target next to the word Yes or next to the word No.
2635
2736 (2) Existing law authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically if specified conditions are satisfied. Existing law requires these procedures to include a verification process to confirm a voters identity, either in writing, as specified, or electronically by submitting the voters California drivers license number, California identification number, or a partial social security number.
2837
2938 This bill would also require the verification process to confirm the identity of a voter by telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.
3039
3140 (3) Existing law requires a local precinct board to maintain at least one printed copy of the voter list, and to post a notice stating that only a member of the precinct board may mark the list, and that it is a misdemeanor to remove, tear, mark, or otherwise deface the list with the intent to falsify or prevent others from ascertaining specified information about a voter. Existing law requires a similar notice to be posted if an electronic poll book is used.
3241
3342 This bill would revise the notice required if an electronic poll book is used to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter.
3443
3544 (4) Existing law requires an elections official to preserve all voter rosters or combined rosters and voter lists, if applicable, until 5 years after the date of the election, after which they may be destroyed by the official.
3645
3746 This bill would specify that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.
3847
3948 (5) Existing law provides that for specified elections, the elections official shall preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months.
4049
4150 This bill would eliminate the elections officials duty to preserve a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file.
4251
4352 ## Digest Key
4453
4554 ## Bill Text
4655
4756 The people of the State of California do enact as follows:SECTION 1. Section 13204 of the Elections Code is amended to read:13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.SEC. 2. Section 13300.7 of the Elections Code is amended to read:13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.SEC. 3. Section 14298 of the Elections Code is amended to read:14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.SEC. 4. Section 17300 of the Elections Code is amended to read:17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.SEC. 5. Section 17303 of the Elections Code is amended to read:17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
4857
4958 The people of the State of California do enact as follows:
5059
5160 ## The people of the State of California do enact as follows:
5261
5362 SECTION 1. Section 13204 of the Elections Code is amended to read:13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.
5463
5564 SECTION 1. Section 13204 of the Elections Code is amended to read:
5665
5766 ### SECTION 1.
5867
5968 13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.
6069
6170 13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.
6271
6372 13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.
6473
6574
6675
6776 13204. (a) The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:
6877
6978 To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the wordNo.
7079
7180 To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.
7281
7382 To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.
7483
7584 To vote on any measure, mark the voting target next to the word Yes or next to the word No.
7685
7786 Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.
7887
7988 If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.
8089
8190 On vote by mail ballots mark with pen or pencil.
8291
8392 (b) The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.
8493
8594 SEC. 2. Section 13300.7 of the Elections Code is amended to read:13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
8695
8796 SEC. 2. Section 13300.7 of the Elections Code is amended to read:
8897
8998 ### SEC. 2.
9099
91100 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
92101
93102 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
94103
95104 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.(e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.(f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:(1) In writing with a signature card that can be matched to the one on file with the elections official.(2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.(3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
96105
97106
98107
99108 13300.7. Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voters county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys internet website, if all of the following conditions are met:
100109
101110 (a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voters desire to obtain ballot materials electronically in lieu of receiving them by mail.
102111
103112 (b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code.
104113
105114 (c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.
106115
107116 (d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.
108117
109118 (e) A voter may only opt out of, or opt back into, receiving the voters county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.
110119
111120 (f) The procedures shall include a verification process to confirm the voters identity in any of the following manners:
112121
113122 (1) In writing with a signature card that can be matched to the one on file with the elections official.
114123
115124 (2) Electronically with the electronic transmission containing the voters California drivers license number, California identification number, or a partial social security number.
116125
117126 (3) By telephone or in person, upon confirmation of the voters date of birth, residence address, and California drivers license number, California identification number, or a partial social security number.
118127
119128 (g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
120129
121130 SEC. 3. Section 14298 of the Elections Code is amended to read:14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
122131
123132 SEC. 3. Section 14298 of the Elections Code is amended to read:
124133
125134 ### SEC. 3.
126135
127136 14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
128137
129138 14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
130139
131140 14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
132141
133142
134143
135144 14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.
136145
137146 (b) A member of the precinct board shall post a notice on each voter list that reads as follows: This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
138147
139148 (c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
140149
141150 SEC. 4. Section 17300 of the Elections Code is amended to read:17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
142151
143152 SEC. 4. Section 17300 of the Elections Code is amended to read:
144153
145154 ### SEC. 4.
146155
147156 17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
148157
149158 17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
150159
151160 17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
152161
153162
154163
155164 17300. (a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.
156165
157166 (2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.
158167
159168 (b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
160169
161170 SEC. 5. Section 17303 of the Elections Code is amended to read:17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
162171
163172 SEC. 5. Section 17303 of the Elections Code is amended to read:
164173
165174 ### SEC. 5.
166175
167176 17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
168177
169178 17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
170179
171180 17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:(1) Two tally sheets.(2) The challenge lists.(3) The assisted voters list.(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
172181
173182
174183
175184 17303. (a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.
176185
177186 (b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:
178187
179188 (1) Two tally sheets.
180189
181190 (2) The challenge lists.
182191
183192 (3) The assisted voters list.
184193
185194 (c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.
186195
187196 (d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.