| 1 | | - | Assembly Bill No. 3184 CHAPTER 437An act to amend Sections 2194, 3019, and 15377 of, and to add and repeal Chapter 4.5 (commencing with Section 15390) of Division 15 of, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3184, Berman. Elections: signature verification statements, unsigned ballot identification statements, and reports of ballot rejections.(1) Existing law, upon receiving a vote by mail ballot, requires the elections official to compare the signature on the identification envelope with either the signature appearing on the voters affidavit or other signature appearing on a form that is part of the voters registration record. Existing law, if it is determined that the signatures do not compare, requires the elections official to send by first-class mail notice to the voter of the opportunity to verify the voters signature. Existing law prohibits the elections official from rejecting a vote by mail with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voters record. Existing law prohibits the elections official from rejecting a vote by mail ballot if the voter failed to sign the identification envelope, but the voter signs an unsigned identification envelope statement. Existing law requires an elections official to include the vote by mail ballot signature verification statement, unsigned identification envelope statement, and corresponding instructions on the elections officials internet website. This bill would instead require the elections official to include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions for the completion of the statement, on the elections officials internet website. The bill would require the elections official to accept the combined statement for purposes of satisfying the above-described requirements for a signature verification statement or an unsigned identification envelope statement. By imposing new duties on local election officials, the bill would impose a state-mandated local program. (2) Existing law treats information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file as confidential and prohibits disclosure, except as specified. This bill would require that information to be provided to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (3) Existing law requires a local elections official to report to the Secretary of State, within 31 days of the election, the number of vote by mail ballots rejected, categorized according to the reason for the rejection. Existing law requires the Secretary of State, upon receipt of this information, to publish a report containing the information for every election, including local special elections, on the Secretary of States internet website.This bill instead would require the Secretary of State to publish the report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.(4) Existing law requires the canvass of an election to commence no later than the Thursday following the election and to be continued daily, not including Saturdays, Sundays, and holidays, for not less than 6 hours each day until completed. Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election, except as specified.This bill would prohibit the elections official from certifying the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election, except under specified conditions. The bill would authorize the official canvass to be continued for fewer than 6 hours per day until completion, if the only ballots that the elections official has left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature or to provide their signature, as specified, and the elections official does not need to continue the official canvass for at least 6 hours per day in order to complete the official canvass by the 28th calendar day following the election. The bill would repeal these provisions on January 1, 2025. (5) This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 884 to be operative only if this bill and AB 884 are enacted and this bill is enacted last.(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(7) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2194 of the Elections Code is amended to read:2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format.SEC. 2. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 2.5. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 3. Section 15377 of the Elections Code is amended to read:15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.SEC. 4. Chapter 4.5 (commencing with Section 15390) is added to Division 15 of the Elections Code, to read: CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative.SEC. 6. 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.SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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| 1 | + | Enrolled September 04, 2024 Passed IN Senate August 22, 2024 Passed IN Assembly August 30, 2024 Amended IN Senate August 19, 2024 Amended IN Senate August 12, 2024 Amended IN Senate August 06, 2024 Amended IN Senate June 24, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3184Introduced by Assembly Member BermanFebruary 16, 2024An act to amend Sections 2194, 3019, and 15377 of, and to add and repeal Chapter 4.5 (commencing with Section 15390) of Division 15 of, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 3184, Berman. Elections: signature verification statements, unsigned ballot identification statements, and reports of ballot rejections.(1) Existing law, upon receiving a vote by mail ballot, requires the elections official to compare the signature on the identification envelope with either the signature appearing on the voters affidavit or other signature appearing on a form that is part of the voters registration record. Existing law, if it is determined that the signatures do not compare, requires the elections official to send by first-class mail notice to the voter of the opportunity to verify the voters signature. Existing law prohibits the elections official from rejecting a vote by mail with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voters record. Existing law prohibits the elections official from rejecting a vote by mail ballot if the voter failed to sign the identification envelope, but the voter signs an unsigned identification envelope statement. Existing law requires an elections official to include the vote by mail ballot signature verification statement, unsigned identification envelope statement, and corresponding instructions on the elections officials internet website. This bill would instead require the elections official to include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions for the completion of the statement, on the elections officials internet website. The bill would require the elections official to accept the combined statement for purposes of satisfying the above-described requirements for a signature verification statement or an unsigned identification envelope statement. By imposing new duties on local election officials, the bill would impose a state-mandated local program. (2) Existing law treats information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file as confidential and prohibits disclosure, except as specified. This bill would require that information to be provided to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (3) Existing law requires a local elections official to report to the Secretary of State, within 31 days of the election, the number of vote by mail ballots rejected, categorized according to the reason for the rejection. Existing law requires the Secretary of State, upon receipt of this information, to publish a report containing the information for every election, including local special elections, on the Secretary of States internet website.This bill instead would require the Secretary of State to publish the report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.(4) Existing law requires the canvass of an election to commence no later than the Thursday following the election and to be continued daily, not including Saturdays, Sundays, and holidays, for not less than 6 hours each day until completed. Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election, except as specified.This bill would prohibit the elections official from certifying the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election, except under specified conditions. The bill would authorize the official canvass to be continued for fewer than 6 hours per day until completion, if the only ballots that the elections official has left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature or to provide their signature, as specified, and the elections official does not need to continue the official canvass for at least 6 hours per day in order to complete the official canvass by the 28th calendar day following the election. The bill would repeal these provisions on January 1, 2025. (5) This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 884 to be operative only if this bill and AB 884 are enacted and this bill is enacted last.(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(7) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2194 of the Elections Code is amended to read:2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format.SEC. 2. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 2.5. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 3. Section 15377 of the Elections Code is amended to read:15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.SEC. 4. Chapter 4.5 (commencing with Section 15390) is added to Division 15 of the Elections Code, to read: CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative.SEC. 6. 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.SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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| 14 | 27 | | |
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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 29 | | |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 31 | | |
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| 19 | 32 | | AB 3184, Berman. Elections: signature verification statements, unsigned ballot identification statements, and reports of ballot rejections. |
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| 20 | 33 | | |
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| 21 | 34 | | (1) Existing law, upon receiving a vote by mail ballot, requires the elections official to compare the signature on the identification envelope with either the signature appearing on the voters affidavit or other signature appearing on a form that is part of the voters registration record. Existing law, if it is determined that the signatures do not compare, requires the elections official to send by first-class mail notice to the voter of the opportunity to verify the voters signature. Existing law prohibits the elections official from rejecting a vote by mail with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voters record. Existing law prohibits the elections official from rejecting a vote by mail ballot if the voter failed to sign the identification envelope, but the voter signs an unsigned identification envelope statement. Existing law requires an elections official to include the vote by mail ballot signature verification statement, unsigned identification envelope statement, and corresponding instructions on the elections officials internet website. This bill would instead require the elections official to include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions for the completion of the statement, on the elections officials internet website. The bill would require the elections official to accept the combined statement for purposes of satisfying the above-described requirements for a signature verification statement or an unsigned identification envelope statement. By imposing new duties on local election officials, the bill would impose a state-mandated local program. (2) Existing law treats information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file as confidential and prohibits disclosure, except as specified. This bill would require that information to be provided to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (3) Existing law requires a local elections official to report to the Secretary of State, within 31 days of the election, the number of vote by mail ballots rejected, categorized according to the reason for the rejection. Existing law requires the Secretary of State, upon receipt of this information, to publish a report containing the information for every election, including local special elections, on the Secretary of States internet website.This bill instead would require the Secretary of State to publish the report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.(4) Existing law requires the canvass of an election to commence no later than the Thursday following the election and to be continued daily, not including Saturdays, Sundays, and holidays, for not less than 6 hours each day until completed. Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election, except as specified.This bill would prohibit the elections official from certifying the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election, except under specified conditions. The bill would authorize the official canvass to be continued for fewer than 6 hours per day until completion, if the only ballots that the elections official has left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature or to provide their signature, as specified, and the elections official does not need to continue the official canvass for at least 6 hours per day in order to complete the official canvass by the 28th calendar day following the election. The bill would repeal these provisions on January 1, 2025. (5) This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 884 to be operative only if this bill and AB 884 are enacted and this bill is enacted last.(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(7) This bill would declare that it is to take effect immediately as an urgency statute. |
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| 22 | 35 | | |
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| 23 | 36 | | (1) Existing law, upon receiving a vote by mail ballot, requires the elections official to compare the signature on the identification envelope with either the signature appearing on the voters affidavit or other signature appearing on a form that is part of the voters registration record. Existing law, if it is determined that the signatures do not compare, requires the elections official to send by first-class mail notice to the voter of the opportunity to verify the voters signature. Existing law prohibits the elections official from rejecting a vote by mail with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voters record. |
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| 24 | 37 | | |
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| 25 | 38 | | Existing law prohibits the elections official from rejecting a vote by mail ballot if the voter failed to sign the identification envelope, but the voter signs an unsigned identification envelope statement. |
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| 26 | 39 | | |
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| 27 | 40 | | Existing law requires an elections official to include the vote by mail ballot signature verification statement, unsigned identification envelope statement, and corresponding instructions on the elections officials internet website. |
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| 28 | 41 | | |
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| 29 | 42 | | This bill would instead require the elections official to include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions for the completion of the statement, on the elections officials internet website. The bill would require the elections official to accept the combined statement for purposes of satisfying the above-described requirements for a signature verification statement or an unsigned identification envelope statement. |
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| 30 | 43 | | |
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| 31 | 44 | | By imposing new duties on local election officials, the bill would impose a state-mandated local program. |
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| 32 | 45 | | |
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| 33 | 46 | | (2) Existing law treats information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file as confidential and prohibits disclosure, except as specified. |
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| 34 | 47 | | |
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| 35 | 48 | | This bill would require that information to be provided to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. |
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| 36 | 49 | | |
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| 37 | 50 | | (3) Existing law requires a local elections official to report to the Secretary of State, within 31 days of the election, the number of vote by mail ballots rejected, categorized according to the reason for the rejection. Existing law requires the Secretary of State, upon receipt of this information, to publish a report containing the information for every election, including local special elections, on the Secretary of States internet website. |
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| 38 | 51 | | |
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| 39 | 52 | | This bill instead would require the Secretary of State to publish the report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 40 | 53 | | |
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| 41 | 54 | | (4) Existing law requires the canvass of an election to commence no later than the Thursday following the election and to be continued daily, not including Saturdays, Sundays, and holidays, for not less than 6 hours each day until completed. Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election, except as specified. |
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| 42 | 55 | | |
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| 43 | 56 | | This bill would prohibit the elections official from certifying the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election, except under specified conditions. The bill would authorize the official canvass to be continued for fewer than 6 hours per day until completion, if the only ballots that the elections official has left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature or to provide their signature, as specified, and the elections official does not need to continue the official canvass for at least 6 hours per day in order to complete the official canvass by the 28th calendar day following the election. The bill would repeal these provisions on January 1, 2025. |
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| 44 | 57 | | |
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| 45 | 58 | | (5) This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 884 to be operative only if this bill and AB 884 are enacted and this bill is enacted last. |
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| 46 | 59 | | |
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| 47 | 60 | | (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 48 | 61 | | |
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| 49 | 62 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 50 | 63 | | |
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| 51 | 64 | | (7) This bill would declare that it is to take effect immediately as an urgency statute. |
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| 52 | 65 | | |
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| 53 | 66 | | ## Digest Key |
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| 54 | 67 | | |
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| 55 | 68 | | ## Bill Text |
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| 56 | 69 | | |
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| 57 | 70 | | The people of the State of California do enact as follows:SECTION 1. Section 2194 of the Elections Code is amended to read:2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format.SEC. 2. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 2.5. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section.SEC. 3. Section 15377 of the Elections Code is amended to read:15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website.SEC. 4. Chapter 4.5 (commencing with Section 15390) is added to Division 15 of the Elections Code, to read: CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative.SEC. 6. 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.SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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| 58 | 71 | | |
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| 59 | 72 | | The people of the State of California do enact as follows: |
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| 60 | 73 | | |
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| 61 | 74 | | ## The people of the State of California do enact as follows: |
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| 62 | 75 | | |
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| 63 | 76 | | SECTION 1. Section 2194 of the Elections Code is amended to read:2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. |
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| 64 | 77 | | |
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| 65 | 78 | | SECTION 1. Section 2194 of the Elections Code is amended to read: |
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| 66 | 79 | | |
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| 67 | 80 | | ### SECTION 1. |
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| 68 | 81 | | |
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| 69 | 82 | | 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. |
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| 70 | 83 | | |
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| 71 | 84 | | 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. |
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| 72 | 85 | | |
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| 73 | 86 | | 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code:(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:(A) The harassment of any voter or voters household.(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.(C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3).(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.(b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).(c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.(e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. |
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| 74 | 87 | | |
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| 75 | 88 | | |
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| 76 | 89 | | |
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| 77 | 90 | | 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code: |
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| 78 | 91 | | |
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| 79 | 92 | | (1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office. |
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| 80 | 93 | | |
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| 81 | 94 | | (2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to: |
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| 82 | 95 | | |
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| 83 | 96 | | (A) The harassment of any voter or voters household. |
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| 84 | 97 | | |
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| 85 | 98 | | (B) The advertising, solicitation, sale, or marketing of products or services to any voter or voters household. |
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| 86 | 99 | | |
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| 87 | 100 | | (C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3). |
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| 88 | 101 | | |
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| 89 | 102 | | (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. |
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| 90 | 103 | | |
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| 91 | 104 | | (4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code. |
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| 92 | 105 | | |
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| 93 | 106 | | (b) (1) Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person. |
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| 94 | 107 | | |
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| 95 | 108 | | (2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c). |
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| 96 | 109 | | |
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| 97 | 110 | | (c) (1) The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge. |
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| 98 | 111 | | |
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| 99 | 112 | | (2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied. |
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| 100 | 113 | | |
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| 101 | 114 | | (d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness. |
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| 102 | 115 | | |
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| 103 | 116 | | (e) For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150. |
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| 104 | 117 | | |
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| 105 | 118 | | (f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voters signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. |
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| 106 | 119 | | |
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| 107 | 120 | | SEC. 2. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 109 | 122 | | SEC. 2. Section 3019 of the Elections Code is amended to read: |
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| 110 | 123 | | |
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| 111 | 124 | | ### SEC. 2. |
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| 112 | 125 | | |
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| 113 | 126 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 114 | 127 | | |
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| 115 | 128 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 116 | 129 | | |
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| 117 | 130 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 118 | 131 | | |
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| 119 | 132 | | |
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| 120 | 133 | | |
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| 121 | 134 | | 3019. (a) (1) Upon receiving 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: |
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| 122 | 135 | | |
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| 123 | 136 | | (A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter. |
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| 124 | 137 | | |
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| 125 | 138 | | (B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record. |
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| 126 | 139 | | |
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| 127 | 140 | | (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record: |
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| 128 | 141 | | |
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| 129 | 142 | | (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature. |
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| 130 | 143 | | |
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| 131 | 144 | | (B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. |
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| 132 | 145 | | |
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| 133 | 146 | | (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. |
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| 134 | 147 | | |
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| 135 | 148 | | (D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity. |
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| 136 | 149 | | |
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| 137 | 150 | | (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. |
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| 138 | 151 | | |
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| 139 | 152 | | (F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law. |
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| 140 | 153 | | |
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| 141 | 154 | | (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c). |
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| 142 | 155 | | |
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| 143 | 156 | | (H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. |
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| 144 | 157 | | |
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| 145 | 158 | | (I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5. |
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| 146 | 159 | | |
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| 147 | 160 | | (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 148 | 161 | | |
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| 149 | 162 | | (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2). |
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| 150 | 163 | | |
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| 151 | 164 | | (2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d). |
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| 152 | 165 | | |
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| 153 | 166 | | (d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. |
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| 154 | 167 | | |
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| 155 | 168 | | (B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. |
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| 156 | 169 | | |
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| 157 | 170 | | (C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature. |
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| 158 | 171 | | |
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| 159 | 172 | | (D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature. |
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| 160 | 173 | | |
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| 161 | 174 | | (E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election. |
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| 162 | 175 | | |
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| 163 | 176 | | (2) The notice and instructions shall be in substantially the following form: |
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| 164 | 177 | | |
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| 165 | 178 | | READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. |
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| 166 | 179 | | 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. |
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| 167 | 180 | | 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. |
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| 168 | 181 | | 3. You must sign your name where specified on the signature verification statement (Voters Signature). |
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| 169 | 182 | | 4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 170 | 183 | | 5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 171 | 184 | | |
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| 172 | 185 | | READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. |
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| 173 | 186 | | |
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| 174 | 187 | | 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. |
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| 175 | 188 | | |
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| 176 | 189 | | 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. |
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| 177 | 190 | | |
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| 178 | 191 | | 3. You must sign your name where specified on the signature verification statement (Voters Signature). |
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| 179 | 192 | | |
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| 180 | 193 | | 4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 181 | 194 | | |
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| 182 | 195 | | 5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 183 | 196 | | |
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| 184 | 197 | | (3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). |
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| 185 | 198 | | |
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| 186 | 199 | | (4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied: |
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| 187 | 200 | | |
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| 188 | 201 | | (A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box. |
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| 189 | 202 | | |
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| 190 | 203 | | (B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record. |
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| 191 | 204 | | |
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| 192 | 205 | | (i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 193 | 206 | | |
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| 194 | 207 | | (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope. |
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| 195 | 208 | | |
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| 196 | 209 | | (5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2): |
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| 197 | 210 | | |
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| 198 | 211 | | SIGNATURE VERIFICATION STATEMENT |
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| 199 | 212 | | I,, am a registered voter of __________ County, |
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| 200 | 213 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 201 | 214 | | Voters Signature |
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| 202 | 215 | | Address |
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| 203 | 216 | | |
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| 204 | 217 | | SIGNATURE VERIFICATION STATEMENT |
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| 205 | 218 | | |
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| 206 | 219 | | I,, am a registered voter of __________ County, |
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| 207 | 220 | | |
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| 208 | 221 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 209 | 222 | | |
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| 210 | 223 | | Voters Signature |
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| 211 | 224 | | |
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| 212 | 225 | | Address |
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| 213 | 226 | | |
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| 214 | 227 | | (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections. |
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| 215 | 228 | | |
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| 216 | 229 | | (e) (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 does any of the following: |
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| 217 | 230 | | |
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| 218 | 231 | | (i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election. |
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| 219 | 232 | | |
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| 220 | 233 | | (ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form: |
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| 221 | 234 | | |
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| 222 | 235 | | UNSIGNED IDENTIFICATION ENVELOPE STATEMENT |
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| 223 | 236 | | I,, am a registered voter of __________ County, |
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| 224 | 237 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 225 | 238 | | Voters Signature |
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| 226 | 239 | | Address |
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| 227 | 240 | | |
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| 228 | 241 | | UNSIGNED IDENTIFICATION ENVELOPE STATEMENT |
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| 229 | 242 | | |
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| 230 | 243 | | I,, am a registered voter of __________ County, |
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| 231 | 244 | | |
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| 232 | 245 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 233 | 246 | | |
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| 234 | 247 | | Voters Signature |
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| 235 | 248 | | |
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| 236 | 249 | | Address |
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| 237 | 250 | | |
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| 238 | 251 | | (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box. |
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| 239 | 252 | | |
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| 240 | 253 | | (B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement. |
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| 241 | 254 | | |
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| 242 | 255 | | (ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. |
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| 243 | 256 | | |
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| 244 | 257 | | (iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature. |
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| 245 | 258 | | |
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| 246 | 259 | | (iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature. |
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| 247 | 260 | | |
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| 248 | 261 | | (v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election. |
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| 249 | 262 | | |
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| 250 | 263 | | (C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section. |
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| 251 | 264 | | |
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| 252 | 265 | | (i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 253 | 266 | | |
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| 254 | 267 | | (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d). |
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| 255 | 268 | | |
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| 256 | 269 | | (D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement. |
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| 257 | 270 | | |
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| 258 | 271 | | (2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form: |
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| 259 | 272 | | |
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| 260 | 273 | | READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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| 261 | 274 | | 1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election. |
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| 262 | 275 | | 2. You must sign your name on the line above (Voters Signature). |
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| 263 | 276 | | 3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 264 | 277 | | 4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 265 | 278 | | |
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| 266 | 279 | | READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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| 267 | 280 | | |
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| 268 | 281 | | 1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election. |
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| 269 | 282 | | |
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| 270 | 283 | | 2. You must sign your name on the line above (Voters Signature). |
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| 271 | 284 | | |
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| 272 | 285 | | 3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 273 | 286 | | |
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| 274 | 287 | | 4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 275 | 288 | | |
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| 276 | 289 | | (3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). |
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| 277 | 290 | | |
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| 278 | 291 | | (f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. |
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| 279 | 292 | | |
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| 280 | 293 | | (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot. |
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| 281 | 294 | | |
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| 282 | 295 | | (h) 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. |
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| 283 | 296 | | |
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| 284 | 297 | | (i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372. |
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| 285 | 298 | | |
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| 286 | 299 | | (j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State. |
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| 287 | 300 | | |
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| 288 | 301 | | (k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 289 | 302 | | |
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| 290 | 303 | | SEC. 2.5. Section 3019 of the Elections Code is amended to read:3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 291 | 304 | | |
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| 292 | 305 | | SEC. 2.5. Section 3019 of the Elections Code is amended to read: |
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| 293 | 306 | | |
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| 294 | 307 | | ### SEC. 2.5. |
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| 295 | 308 | | |
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| 296 | 309 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 297 | 310 | | |
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| 298 | 311 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 299 | 312 | | |
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| 300 | 313 | | 3019. (a) (1) Upon receiving 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:(A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.(2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record:(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature.(B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.(D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity.(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.(F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2).(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature.(D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature.(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.3. You must sign your name where specified on the signature verification statement (Voters Signature).4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:(A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record.(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):SIGNATURE VERIFICATION STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections.(e) (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 does any of the following:(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:UNSIGNED IDENTIFICATION ENVELOPE STATEMENTI,, am a registered voter of __________ County,State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated.Voters SignatureAddress (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.(B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.(iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature.(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.(C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office.(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).(D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement.(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. 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 statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.2. You must sign your name on the line above (Voters Signature).3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.(3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.(g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot.(h) 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.(i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.(j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.(k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 301 | 314 | | |
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| 302 | 315 | | |
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| 303 | 316 | | |
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| 304 | 317 | | 3019. (a) (1) Upon receiving 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: |
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| 305 | 318 | | |
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| 306 | 319 | | (A) The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter. |
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| 307 | 320 | | |
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| 308 | 321 | | (B) The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record. |
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| 309 | 322 | | |
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| 310 | 323 | | (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voters signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voters registration record: |
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| 311 | 324 | | |
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| 312 | 325 | | (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voters signature. |
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| 313 | 326 | | |
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| 314 | 327 | | (B) An exact match is not required for an elections official to determine that a voters signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. |
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| 315 | 328 | | |
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| 316 | 329 | | (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. |
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| 317 | 330 | | |
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| 318 | 331 | | (D) When comparing signatures, an elections official shall not review or consider a voters party preference, race, or ethnicity. |
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| 319 | 332 | | |
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| 320 | 333 | | (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. |
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| 321 | 334 | | |
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| 322 | 335 | | (F) The elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law. |
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| 323 | 336 | | |
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| 324 | 337 | | (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c). |
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| 325 | 338 | | |
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| 326 | 339 | | (H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. |
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| 327 | 340 | | |
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| 328 | 341 | | (I) A signature made using a mark such as an X, or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5. |
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| 329 | 342 | | |
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| 330 | 343 | | (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 331 | 344 | | |
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| 332 | 345 | | (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voters registration record, the signature is subject to the additional procedures described in paragraph (2). |
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| 333 | 346 | | |
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| 334 | 347 | | (2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voters registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d). |
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| 335 | 348 | | |
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| 336 | 349 | | (d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voters signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voters signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. |
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| 337 | 350 | | |
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| 338 | 351 | | (B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voters signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. |
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| 339 | 352 | | |
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| 340 | 353 | | (C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voters signature. |
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| 341 | 354 | | |
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| 342 | 355 | | (D) Unless required pursuant to Section 3026, the elections official may use any information in a countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to verify the voters signature. |
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| 343 | 356 | | |
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| 344 | 357 | | (E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election. |
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| 345 | 358 | | |
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| 346 | 359 | | (2) The notice and instructions shall be in substantially the following form: |
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| 347 | 360 | | |
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| 348 | 361 | | READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. |
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| 349 | 362 | | 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. |
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| 350 | 363 | | 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. |
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| 351 | 364 | | 3. You must sign your name where specified on the signature verification statement (Voters Signature). |
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| 352 | 365 | | 4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 353 | 366 | | 5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 354 | 367 | | |
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| 355 | 368 | | READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. |
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| 356 | 369 | | |
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| 357 | 370 | | 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. |
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| 358 | 371 | | |
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| 359 | 372 | | 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. |
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| 360 | 373 | | |
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| 361 | 374 | | 3. You must sign your name where specified on the signature verification statement (Voters Signature). |
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| 362 | 375 | | |
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| 363 | 376 | | 4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 364 | 377 | | |
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| 365 | 378 | | 5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 366 | 379 | | |
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| 367 | 380 | | (3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). |
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| 368 | 381 | | |
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| 369 | 382 | | (4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied: |
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| 370 | 383 | | |
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| 371 | 384 | | (A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box. |
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| 372 | 385 | | |
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| 373 | 386 | | (B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voters record. |
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| 374 | 387 | | |
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| 375 | 388 | | (i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 376 | 389 | | |
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| 377 | 390 | | (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope. |
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| 378 | 391 | | |
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| 379 | 392 | | (5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2): |
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| 380 | 393 | | |
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| 381 | 394 | | SIGNATURE VERIFICATION STATEMENT |
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| 382 | 395 | | I,, am a registered voter of __________ County, |
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| 383 | 396 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 384 | 397 | | Voters Signature |
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| 385 | 398 | | Address |
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| 386 | 399 | | |
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| 387 | 400 | | SIGNATURE VERIFICATION STATEMENT |
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| 388 | 401 | | |
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| 389 | 402 | | I,, am a registered voter of __________ County, |
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| 390 | 403 | | |
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| 391 | 404 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 392 | 405 | | |
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| 393 | 406 | | Voters Signature |
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| 394 | 407 | | |
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| 395 | 408 | | Address |
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| 396 | 409 | | |
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| 397 | 410 | | (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voters signature for future elections. |
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| 398 | 411 | | |
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| 399 | 412 | | (e) (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 does any of the following: |
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| 400 | 413 | | |
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| 401 | 414 | | (i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election. |
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| 402 | 415 | | |
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| 403 | 416 | | (ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form: |
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| 404 | 417 | | |
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| 405 | 418 | | UNSIGNED IDENTIFICATION ENVELOPE STATEMENT |
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| 406 | 419 | | I,, am a registered voter of __________ County, |
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| 407 | 420 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 408 | 421 | | Voters Signature |
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| 409 | 422 | | Address |
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| 410 | 423 | | |
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| 411 | 424 | | UNSIGNED IDENTIFICATION ENVELOPE STATEMENT |
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| 412 | 425 | | |
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| 413 | 426 | | I,, am a registered voter of __________ County, |
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| 414 | 427 | | |
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| 415 | 428 | | State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. 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 statement means that my vote by mail ballot will be invalidated. |
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| 416 | 429 | | |
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| 417 | 430 | | Voters Signature |
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| 418 | 431 | | |
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| 419 | 432 | | Address |
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| 420 | 433 | | |
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| 421 | 434 | | (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box. |
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| 422 | 435 | | |
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| 423 | 436 | | (B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement. |
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| 424 | 437 | | |
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| 425 | 438 | | (ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. |
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| 426 | 439 | | |
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| 427 | 440 | | (iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature. |
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| 428 | 441 | | |
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| 429 | 442 | | (iv) Unless required pursuant to Section 3026, the elections official may use any information in the countys election management system, or otherwise in the elections officials possession, for the purpose of notifying the voter of the opportunity to provide a signature. |
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| 430 | 443 | | |
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| 431 | 444 | | (v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election. |
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| 432 | 445 | | |
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| 433 | 446 | | (C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voters signature on the statement in the manner provided by this section. |
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| 434 | 447 | | |
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| 435 | 448 | | (i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections officials office. |
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| 436 | 449 | | |
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| 437 | 450 | | (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d). |
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| 438 | 451 | | |
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| 439 | 452 | | (D) An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope statement. |
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| 440 | 453 | | |
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| 441 | 454 | | (2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form: |
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| 442 | 455 | | |
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| 443 | 456 | | READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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| 444 | 457 | | 1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election. |
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| 445 | 458 | | 2. You must sign your name on the line above (Voters Signature). |
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| 446 | 459 | | 3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 447 | 460 | | 4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 448 | 461 | | |
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| 449 | 462 | | READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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| 450 | 463 | | |
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| 451 | 464 | | 1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election. |
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| 452 | 465 | | |
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| 453 | 466 | | 2. You must sign your name on the line above (Voters Signature). |
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| 454 | 467 | | |
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| 455 | 468 | | 3.Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
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| 456 | 469 | | |
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| 457 | 470 | | 4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
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| 458 | 471 | | |
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| 459 | 472 | | (3) The notice and instructions shall be translated in all languages required in that county by Section 2601, Section 14201, and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). |
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| 460 | 473 | | |
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| 461 | 474 | | (f) An elections official shall include a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections officials internet website and shall provide the elections officials mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. |
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| 462 | 475 | | |
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| 463 | 476 | | (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voters ballot. |
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| 464 | 477 | | |
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| 465 | 478 | | (h) 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. |
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| 466 | 479 | | |
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| 467 | 480 | | (i) For purposes of this section, certification of the election means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372. |
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| 468 | 481 | | |
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| 469 | 482 | | (j) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State. |
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| 470 | 483 | | |
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| 471 | 484 | | (k) An elections official is authorized to use contact information provided on a voters affidavit of registration to contact a voter for purposes consistent with this section. |
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| 472 | 485 | | |
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| 473 | 486 | | SEC. 3. Section 15377 of the Elections Code is amended to read:15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 474 | 487 | | |
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| 475 | 488 | | SEC. 3. Section 15377 of the Elections Code is amended to read: |
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| 476 | 489 | | |
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| 477 | 490 | | ### SEC. 3. |
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| 478 | 491 | | |
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| 479 | 492 | | 15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 480 | 493 | | |
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| 481 | 494 | | 15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 482 | 495 | | |
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| 483 | 496 | | 15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 484 | 497 | | |
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| 485 | 498 | | |
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| 486 | 499 | | |
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| 487 | 500 | | 15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section. |
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| 488 | 501 | | |
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| 489 | 502 | | (b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of States internet website. |
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| 490 | 503 | | |
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| 491 | 504 | | SEC. 4. Chapter 4.5 (commencing with Section 15390) is added to Division 15 of the Elections Code, to read: CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
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| 492 | 505 | | |
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| 493 | 506 | | SEC. 4. Chapter 4.5 (commencing with Section 15390) is added to Division 15 of the Elections Code, to read: |
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| 494 | 507 | | |
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| 495 | 508 | | ### SEC. 4. |
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| 496 | 509 | | |
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| 497 | 510 | | CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
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| 498 | 511 | | |
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| 499 | 512 | | CHAPTER 4.5. 2024 Presidential General Election15390. This chapter applies only to the November 5, 2024, presidential general election.15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election.15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion.15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
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| 500 | 513 | | |
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| 501 | 514 | | CHAPTER 4.5. 2024 Presidential General Election |
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| 502 | 515 | | |
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| 503 | 516 | | CHAPTER 4.5. 2024 Presidential General Election |
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| 504 | 517 | | |
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| 505 | 518 | | 15390. This chapter applies only to the November 5, 2024, presidential general election. |
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| 506 | 519 | | |
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| 507 | 520 | | |
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| 508 | 521 | | |
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| 509 | 522 | | 15390. This chapter applies only to the November 5, 2024, presidential general election. |
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| 510 | 523 | | |
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| 511 | 524 | | 15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election.(b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election. |
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| 512 | 525 | | |
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| 513 | 526 | | |
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| 514 | 527 | | |
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| 515 | 528 | | 15391. (a) Notwithstanding Section 15301 or 15372, or any other provision of law, the elections official shall not certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election. |
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| 516 | 529 | | |
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| 517 | 530 | | (b) Notwithstanding subdivision (a), if during the official canvass there are no vote by mail ballots remaining for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019 and has not already done so, the elections official may certify the results of the November 5, 2024, presidential general election prior to the 28th calendar day following the election. |
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| 518 | 531 | | |
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| 519 | 532 | | 15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election. |
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| 520 | 533 | | |
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| 521 | 534 | | |
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| 522 | 535 | | |
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| 523 | 536 | | 15392. Notwithstanding Section 3019, the elections official shall accept a completed signature verification statement, unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement until 5 p.m. on the 26th calendar day following the election. |
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| 524 | 537 | | |
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| 525 | 538 | | 15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion. |
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| 526 | 539 | | |
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| 527 | 540 | | |
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| 528 | 541 | | |
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| 529 | 542 | | 15393. Notwithstanding Section 15301, if the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019, and the elections official does not need to continue the official canvass for at least six hours per day in order to complete the official canvass by the 28th calendar day following the election, the official canvass may be continued for fewer than six hours per day until completion. |
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| 530 | 543 | | |
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| 531 | 544 | | 15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
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| 532 | 545 | | |
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| 533 | 546 | | |
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| 534 | 547 | | |
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| 535 | 548 | | 15394. This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed. |
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| 536 | 549 | | |
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| 537 | 550 | | SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative. |
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| 538 | 551 | | |
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| 539 | 552 | | SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative. |
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| 540 | 553 | | |
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| 541 | 554 | | SEC. 5. Section 2.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, but this bill becomes operative first, (2) each bill amends Section 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 884, in which case Section 3019 of the Elections Code, as amended by Section 2 of this bill, shall remain operative only until the operative date of Assembly Bill 884, at which time Section 2.5 of this bill shall become operative. |
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| 542 | 555 | | |
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| 543 | 556 | | ### SEC. 5. |
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| 544 | 557 | | |
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| 545 | 558 | | SEC. 6. 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. |
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| 546 | 559 | | |
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| 547 | 560 | | SEC. 6. 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. |
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| 548 | 561 | | |
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| 549 | 562 | | SEC. 6. 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. |
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| 550 | 563 | | |
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| 551 | 564 | | ### SEC. 6. |
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| 552 | 565 | | |
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| 553 | 566 | | SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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| 554 | 567 | | |
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| 555 | 568 | | SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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| 556 | 569 | | |
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| 557 | 570 | | SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 558 | 571 | | |
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| 559 | 572 | | ### SEC. 7. |
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| 560 | 573 | | |
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| 561 | 574 | | In order for the provisions of this act to be implemented in time for the upcoming election, it is necessary for this act to take effect immediately. |
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