Bill Text: CA SB240 | 2013-2014 | Regular Session | Amended
Bill Title: Vote by mail ballot drop boxes.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2014-01-30 - In Assembly. Read first time. Held at Desk. [SB240 Detail]
Download: California-2013-SB240-Amended.html
BILL NUMBER: SB 240 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 27, 2014
AMENDED IN SENATE JANUARY 21, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senator Yee
(Coauthor: Senator Lieu)
(Coauthors: Assembly Members Gray and Pan)
FEBRUARY 12, 2013
An act to amend Section 3017 of, and to add Section 3025 to, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 240, as amended, Yee. Vote by mail ballot drop boxes
: higher education campuses .
Existing law provides that the Secretary of State is the chief
elections officer of the state and requires the Secretary of State to
administer the provisions of the Elections Code. Existing law
authorizes the Secretary of State to adopt regulations to assure the
uniform application and administration of state election laws.
(1) Existing
Existing law sets forth procedures for processing vote
by mail ballots and requires that all vote by mail ballots cast be
received by the elections official or by the precinct board no later
than the close of polls on election day. Under existing law, a
vote by mail voter is required to return his or her voted vote by
mail ballot either by returning the ballot by mail or in person to
the elections official from whom it came or by returning the ballot
in person to a member of a precinct board at a polling place within
the jurisdiction.
This bill would permit a vote by mail voter to return his or her
voted vote by mail ballot to the elections official from whom it came
at a vote by mail ballot drop-off location, as defined. This bill
would require the Secretary of State to promulgate regulations
establishing security measures and procedures that a county elections
official would be required to comply with if the county elections
official establishes one or more vote by mail ballot drop-off
locations and vote by mail ballot drop boxes, as defined.
This bill would, for statewide general and primary elections
conducted by a county or city and county, require the county or city
and county elections official to establish vote by mail ballot
drop-off locations and vote by mail ballot drop boxes, as defined,
within each campus of the California State University and the
University of California, and would require the elections official to
establish vote by mail ballot drop-off locations within each
community college if convenient for voters. The bill would require
the California State University and the California Community
Colleges, and request the University of California, to provide access
for the use of their campuses as vote by mail ballot drop-off
locations. The bill would require the Secretary of State to assist
elections officials by providing recommendations and guidelines
regarding the placement and security of vote by mail ballot drop
boxes. By requiring county and city and county elections officials to
perform new duties, and the California Community Colleges to provide
access as vote by mail ballot drop-off locations, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3017 of the Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came, (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction, or (3)
return the ballot to the elections official from whom it came at a
vote by mail ballot drop-off location, if provided pursuant to
Section 3025. However, a vote by mail voter who is unable to return
the ballot may designate his or her spouse, child, parent,
grandparent, grandchild, brother, sister, or a person residing in the
same household as the vote by mail voter to return the ballot to the
elections official from whom it came or to the precinct board at a
polling place within the jurisdiction. The ballot must, however, be
received by either the elections official from whom it came or the
precinct board before the close of the polls on election day.
(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in
compliance with this section.
(e) Notwithstanding subdivision (a), a vote by mail voter's ballot
shall not be returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any
other group or organization at whose behest the individual designated
to return the ballot is performing a service. However, this
subdivision does not apply to a candidate or a candidate's spouse.
SEC. 2. Section 3025 is added to the Elections Code, to read:
3025. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Vote by mail ballot drop box" means a secure receptacle
established by a county or city and county elections official whereby
a voted vote by mail ballot may be returned to the elections
official from whom it was obtained.
(2) "Vote by mail ballot drop-off location" means a location
consisting of a secured vote by mail ballot drop box at which a voted
vote by mail ballot may be returned to the elections official from
whom it was obtained.
(b) The Secretary of State shall promulgate regulations
establishing security measures and procedures that a county elections
official shall comply with if the county elections official
establishes one or more vote by mail ballot drop-off locations.
(b) For each statewide general election and each statewide primary
election conducted by a county or a city and county, the county or
city and county elections official shall do both of the following:
(1) Establish at least one vote by mail ballot drop-off location
within each campus of the California State University and the
University of California within the jurisdiction of the county or
city and county.
(2) Consider establishing at least one vote by mail ballot
drop-off location within each community college within the
jurisdiction of the county or city and county, and establish that
vote by mail ballot drop-off location if the elections official
determines that a vote by mail ballot drop-off location at the
college would be convenient for voters.
(c) The California State University and the California Community
Colleges shall, and the University of California is requested to,
provide access for use of their campuses as vote by mail ballot
drop-off locations. This section does not apply to a campus of the
University of California if the campus refuses a request for access
to the campus as a vote by mail ballot drop-off location.
(d) (1) Each vote by mail ballot drop-off location shall be
monitored during business hours by at least one person appointed by
the elections official.
(2) Each vote by mail ballot drop box located outdoors shall be
constructed of durable material able to withstand inclement weather.
During nonbusiness hours or when an appointed monitor is not
available, a vote by mail ballot drop box shall be placed in a locked
and secure location.
(3) The Secretary of State shall assist elections officials by
providing recommendations and guidelines regarding the placement and
security of vote by mail ballot drop boxes and vote by mail ballot
drop-off locations. The placement and security of each vote by mail
ballot drop box and each vote by mail ballot drop-off location shall
be determined by the elections official, in accordance with
guidelines provided by the Secretary of State pursuant to this
paragraph.
(e) Beginning 29 days prior to the day of the election until 8:00
p.m. on the day of the election, two persons appointed by the
elections official shall empty each vote by mail ballot drop box with
sufficient frequency to prevent damage and unauthorized access to
the ballots. Vote by mail ballots shall not be removed from a vote by
mail ballot drop box except by persons appointed by the elections
official. Vote by mail ballot drop boxes shall be locked and sealed
at all times, with seal logs that document each time the box is
opened, by whom, and the number of ballots removed. Ballots shall be
placed into sealed transport carriers and returned to the elections
official's office or another designated location. At 8:00 p.m. on the
day of the election, all vote by mail ballot drop boxes shall be
emptied and sealed to prevent the deposit of additional ballots.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
