Bill Text: CA AB681 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: voter registration: partisan primary elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB681 Detail]
Download: California-2019-AB681-Amended.html
(a)Vote by mail ballots mailed to, and received from, voters on the permanent vote by mail voter list are subject to the same deadlines and shall be processed and counted in the same manner as all other vote by mail ballots.
Section 12100 is added to the Elections Code, immediately preceding Section 12101, to read: 120th and 30th 106th and 71st day before a presidential primary election, a county elections official shall send three separate notices a notice to each registered voter within the county containing all of the following: he or she may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized. a voter who has declined to disclose a political party preference may request the ballot of a political party if the party, by party rules duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote the ballot of the party at the next partisan primary election.
The notice shall also contain the name of each political party that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming partisan primary election, and information on how a voter who has declined to disclose a political party preference may request a ballot of a political party that so permits, as described in Section 13503.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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:
Bill Title: Elections: voter registration: partisan primary elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB681 Detail]
Download: California-2019-AB681-Amended.html
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Amended
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Senate
August 30, 2019 |
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Amended
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Senate
June 25, 2019 |
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Amended
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Assembly
May 16, 2019 |
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Amended
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Assembly
March 26, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 681
| Introduced by Assembly Member Gonzalez |
February 15, 2019 |
An act to amend Section 2152 Sections 2152, 3205, and 13502 of, and to add Sections 2119.5 and 12100 2119.5, 12100, and 13503 to, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 681, as amended, Gonzalez.
Elections: voter registration: presidential partisan primary elections.
Existing law requires a voter to disclose a preference for a political party in order to participate in the political party’s primary election. However, existing law permits a voter who has declined to disclose a political party preference to request the ballot of a political party at a partisan primary election if the political party authorizes a voter who has declined to disclose a political party preference to vote the ballot of the political party at that partisan election. Existing law requires that information to be included in the voter registration card, the vote by mail ballot application, the state and county voter information guides, the internet websites of the Secretary of State and the county elections officials, and the nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference.
This bill would require a county elections official, between the 120th and 30th 106th and 71st day before a presidential primary election, to send each registered voter in the county three separate notices a notice containing specified information, including the voter’s current political party preference, the type of ballot the voter will be able to cast at the presidential primary election, and instructions on how the voter may change the voter’s political party preference. The bill would require a county
elections official, between the 106th and 71st day before a presidential primary election, to send each registered voter within the county who has declined to disclose a political party preference a second similar notice that also allows the voter to request a vote by mail ballot for a specified political party by signing and returning the notice.
Existing law permits a voter who has declined to disclose a political party preference to request the ballot of a political party that has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election in the voter’s vote by mail application, by telephone, over the internet if available, or by email or facsimile transmission if permitted by the county elections official. Existing law permits a voter who has declined to disclose a political party preference and
who has received a nonpartisan vote by mail ballot to, no later than 7 days before the date of the partisan primary election, return the unvoted ballot to the county elections official and receive the ballot for a political party, as specified.
This bill would revise and clarify how a voter who has declined to disclose a political party preference may request the ballot of a political party, depending on whether the voter has requested to receive a vote by mail ballot for the election. The bill would require a county elections official to accept from a voter who has declined to disclose a political party preference a request submitted by email, as specified. The bill would permit an unvoted nonpartisan ballot to be returned in exchange for the ballot of a political party at any time before the close of the polls on election day.
Existing law requires a county elections official to accept affidavits of registration received on or before the 15th day before an election and to accept as conditional voter registration affidavits received during the 14 days immediately preceding an election and on election day. Existing law establishes procedures for a voter to change the voter’s residence address by executing a new affidavit of registration or a notice or letter of the change of address, or for a voter to change the voter’s political party preference by executing a new affidavit of registration.
This bill would permit a voter, from the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration, to change the voter’s residence address or political party preference by submitting to the voter’s county elections official a written request containing the new residence address or
political party preference and signed under penalty of perjury. The bill would require a ballot or provisional ballot to be provided to the voter, as specified, and would require the registration of the voter to be immediately updated.
By imposing additional duties on local elections officials and expanding the scope of the crime of perjury, crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2119.5 is added to the Elections Code, to read:2119.5.
(a) From the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration for a change of address within the same county, the county elections official shall accept a written request by a voter that contains all of the following:(1) The voter’s printed name.
(2) The voter’s former residence address.
(3) The voter’s new residence address.
(4) A certification by the voter of the content of the written request as to
its truthfulness and correctness, under penalty of
perjury.
(5) The voter’s signature and date of execution.
(b) The written request shall be delivered to the county elections official’s office or to any location that offers conditional voter registration and at which a ballot can be issued in accordance with the following:
(1) A nonprovisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name is found on the roster, and the voter either has not been issued a vote by mail ballot or the conditions set forth in subdivision (a) of Section 3015 are satisfied.
(B) The voter appears at a location that is equipped with an electronic poll book or other means to determine the voter’s precinct, the location can provide the voter with a ballot for the voter’s precinct, the entire county has established connectivity between locations, and the location at which the voter appears verifies that the voter has not cast a ballot at another location for the election and notes in the voter’s record that the voter cast a ballot.
(2) A provisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name is found on the roster, the voter has been issued a vote by mail ballot, and the conditions set forth in subdivision (a) of Section 3015 are not satisfied.
(B) The voter appears at a location, other than the voter’s precinct, that is equipped with an electronic poll book or other means to determine the voter’s precinct, but the entire county has not established connectivity between locations such that the location is unable to verify that the voter has not cast a ballot at another location for the election.
(c) Upon receipt of a properly executed written request described in subdivision (a), the registration of the voter shall be immediately updated and the written request shall be maintained with the voter’s record.
SEC. 2.
Section 2152 of the Elections Code is amended to read:2152.
(a) Whenever a voter has declined to disclose or has changed the voter’s political party preference prior to the close of registration for an election, the voter may either so disclose or have a change recorded by executing a new affidavit of registration and completing the prior registration portion of the affidavit.(b) From the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration to disclose or have a change recorded for a voter’s political party preference, the county elections official shall accept a written request by a voter that discloses or changes the voter’s political party preference and
that contains all of the following:
(1) The voter’s printed name.
(2) The voter’s current residence address.
(3) The voter’s new political party preference.
(4) A certification by the voter of the content of the written request as to its truthfulness and correctness, under penalty of perjury.
(5) The voter’s signature and date of execution.
(c) The written request shall be delivered to the county elections official’s office or to any location that offers conditional voter registration and at which a ballot for the political party for which
the voter disclosed a preference can be issued in accordance with the following:
(1) A nonprovisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name is found on the roster, and the voter either has not been issued a vote by mail ballot or the conditions set forth in subdivision (a) of Section 3015 are satisfied.
(B) The voter appears at a location that is equipped with an electronic poll book or other means to determine the voter’s precinct, the location can provide the voter with a ballot for the voter’s precinct, the entire county has established connectivity between locations, and the location at which the voter appears verifies
that the voter has not cast a ballot at another location for the election and notes in the voter’s record that the voter cast a ballot.
(2) A provisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name
is found on the roster, the voter has been issued a vote by mail ballot, and the conditions set forth in subdivision (a) of Section 3015 are not satisfied.
(B) The voter appears at a location, other than the voter’s precinct, that is equipped with an electronic poll book or other means to determine the voter’s precinct, but the entire county has not established connectivity between locations such that the location is unable to verify that the voter has not cast a ballot at another location for the election.
(d) Upon receipt of a properly executed written request described in subdivision (b), the registration of the voter shall be immediately updated and the written request shall be maintained with the voter’s record.
SEC. 3.
Section 3205 of the Elections Code is amended to read:3205.
(b)Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a preference for a political party whose name appears on the permanent vote by mail voter list a notice and application regarding voting in the primary election. The notice shall inform the voter that he or she may request a vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary
of State, authorizing these voters to vote in their primary. The notice shall also contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. The application shall contain a checkoff box with a conspicuously printed statement that reads substantially similar to the following: “I have declined to disclose a preference for a qualified political party. However, for this primary election only, I request a vote by mail ballot for the ____ Party.” The name of the political party shall be personally affixed by the voter.
SEC. 3.SEC. 4.
Section 12100 is added to the Elections Code, immediately preceding Section 12101, to read:12100.
(a) Between the(1) The current political party preference of the voter.
(2) Information on the type of ballot the voter will be able to cast at the presidential primary election.
(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in a presidential primary election, and the name of each political party that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(4) Instructions on how the voter can change the voter’s political party preference.
(5) Information on how a voter who has declined to disclose a political party preference may request a ballot of a political party that so permits, as described in Section 13503.
(b) In addition to the notice described in subdivision (a), between the 106th and 71st day before a presidential primary election, a county elections official shall send a notice to each registered voter within the county who has declined to disclose a political party preference containing all of the following:
(1) A statement that the voter has declined to disclose a political party preference.
(2) Information on the type of ballot the voter will be able to cast at the presidential primary election.
(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that has adopted a rule that authorizes a voter who has declined to disclose a political party preference to vote in a presidential primary election, and the name of each political party that has adopted a rule that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(4) Instructions on how the voter can change the voter’s political party preference.
(5) Information on how a voter who has declined to disclose a political party preference may request a ballot of a political party that so permits, as described in Section 13503.
(6) A toll-free telephone number, which the Secretary of State shall establish, that a voter may call to access information regarding which political party has adopted a rule that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(7) A link to, or the address of, the Secretary of State’s internet website on which a voter may access information regarding which political party has adopted a rule that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(8) For purposes of requesting a vote by mail ballot for a political party, both of the following:
(A) A checkoff box with a conspicuously printed statement that reads substantially similar to the following: “I have declined to disclose a preference for a qualified political party. However,
for this primary election only, I request a vote by mail ballot for the _______ Party. (Signed) ____________________.”
(B) Instructions on how and when to return the vote by mail ballot request described in paragraph (A) to the county elections official.
(b)
(c) The notices described in subdivision (a)
this section may be sent by various methods, including by mail, by email, or, if the voter has provided written consent to receive text messages from the county elections official, by text message. An elections official shall send at least one of the three notices to a registered voter using a method different from that used to send the other notice or notices to the voter.
SEC. 5.
Section 13502 of the Elections Code is amended to read:13502.
(a) With each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference, the county elections official shall include a notice informing the voter that(b)In addition to any other method permitted by law, a voter who has declined to disclose a political party preference may request the ballot of a political party that has authorized a voter who has declined to
disclose a political party preference to vote in its partisan primary election as follows:
(1)In his or her vote by mail application pursuant to subdivision (c) of Section 3006.
(2)By telephone pursuant to Section 3007.8.
(3)Over the Internet if available pursuant to Section 3007.7.
(4)By email or by facsimile transmission if permitted by the county elections official.
(c)
(b) No later than seven days before the date of a partisan primary election, a Any time before the close of the polls on election day, a voter who has declined to disclose a political party preference and who has received a nonpartisan vote by mail ballot may return his or her the voter’s unvoted ballot to the county elections official and request and receive the ballot for a political party if the political party has authorized a voter who has declined to disclose a
political party preference to vote in its partisan primary election.
SEC. 6.
Section 13503 is added to the Elections Code, to read:13503.
(a) In addition to any other method permitted by law, a voter who has declined to disclose a political party preference may request a ballot for a political party that has, by party rule duly noticed to the Secretary of State, authorized a voter who has declined to disclose a political party preference to vote the party’s ballot at the next partisan primary election, as follows:(1) For a voter who has not requested to receive a vote by mail ballot for the election, the voter may request the ballot of the political party through one of the following methods:
(A) In a vote by mail application request pursuant to subdivision (c) of Section 3006.
(B) Over the internet if available pursuant to Section 3007.7.
(C) By telephone pursuant to Section 3007.8.
(D) By email pursuant to subdivision (e).
(E) By facsimile transmission if permitted by the county elections official.
(2) For a voter who has requested to receive a vote by mail ballot for the election, the voter may request the ballot of the political party through one of the following methods:
(A) By telephone pursuant to Section 3007.8.
(B) By email pursuant to subdivision (e).
(C) By
facsimile transmission if permitted by the county elections official.
(b) Except as required by subdivision (c) of Section 3006, a voter is not required to personally affix to a request made pursuant to subdivision (a) the address to which a vote by mail ballot is to be mailed or the name of the political party, and the voter is not required to sign the request.
(c) A person shall not request a ballot pursuant to this section using the name of, or on behalf of, another person.
(d) Prior to being asked for personal identifying information by telephone, a voter requesting the ballot of a political party pursuant to this section shall be advised as specified in subdivision (d) of Section 3007.8.
(e) A county elections official shall accept a request for
the ballot of a political party submitted by email in accordance with this section. To apply by email, the voter shall provide to the county elections official personal identifying information that matches the information contained on the voter’s affidavit of registration, including first and last name, home address, and date of birth. Upon receiving an email request, the county elections official shall confirm receipt, and shall advise the voter requesting a ballot by email as follows: “Only the registered voter themself may request a ballot for a particular political party for the primary election. An application for a vote by mail ballot that is made by any person other than the registered voter is a criminal offense.” Except as otherwise provided in this section, all provisions of this code governing written applications for vote by mail voters’ ballots shall apply to requests for the ballot of a political party made by email pursuant to this section.
SEC. 4.SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. 5.SEC. 8.
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 to ensure that the procedures and protections afforded by this act will be implemented for the 2020 presidential primary election, it is necessary for this act to take effect immediately.
