Bill Text: CA SB582 | 2009-2010 | Regular Session | Amended

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Bill Title: Elections: vote by mail voting: military personnel.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB582 Detail]

Download: California-2009-SB582-Amended.html

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BILL NUMBER: SB 582	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senators Dutton and Runner

                        FEBRUARY 27, 2009

   An act to  amend Section 3020 of   add
Section 3020.5 to  the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 582, as amended, Dutton. Elections: vote by mail voting:
military personnel.
   Existing law requires vote by mail ballots to be received by
elections officials by the close of the polls on election day.
   This bill would  require that a vote by mail ballot of a
member of the Armed Forces of the United States who is stationed
outside of the United States be cast by   make an
exception for absent uniformed services voters, as defined, and would
instead require that their vote by mail ballot be postmarked or
signed and dated by the voter by  election day and received by
 their  elections  officials   official
 no later than  25   21  days after
election day.
   Because the bill would require local elections officials to
perform additional duties, it would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 3020 of the Elections Code
is amended to read:
   3020.  (a) Except as provided in subdivision (b), a vote by mail
ballot cast pursuant to this division shall be received by the
elections official from whom the ballot was obtained or by the
precinct board no later than the close of the polls on election day.
   (b) A vote by mail ballot of a member of the Armed Forces of the
United States or an auxiliary branch thereof who is stationed outside
of the United States shall be cast by election day and shall be
received by the voter's elections official no later than 25 days
after election day. 
   SECTION 1.    Section 3020.5 is added to the 
Elections Code   , to read:  
   3020.5.  Notwithstanding Section 3020, 3311, or 4103, or any other
provision of law, a vote by mail ballot of a member of the United
States Armed Forces who is an "absent uniformed services voter" as
defined in subsection (1) of Section 1973ff-6 of Title 42 of the
United States Code shall be timely cast if postmarked or signed and
dated by election day and received by the voter's elections official
no later than 21 days after election day. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.