Bill Text: CA SB802 | 2011-2012 | Regular Session | Introduced
Bill Title: Elections: voting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB802 Detail]
Download: California-2011-SB802-Introduced.html
BILL NUMBER: SB 802 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 18, 2011
An act to amend Section 3011 of, and to add Sections 3020.5 and
14216.5 to, the Elections Code, and to add Section 14902.5 to the
Vehicle Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 802, as introduced, Runner. Elections: voting.
(1) Existing law requires that the identification envelope for
returning a vote by mail ballot contain specified information.
This bill would additionally require that the identification
envelope include the last 4 digits of the voter's California driver's
license or identification card number or, if unavailable, the last 4
digits of the voter's social security number and a security flap to
conceal the voter's information during mailing. The bill would
require the elections official to verify the accuracy of that
information before counting the vote.
(2) 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 election day and received by elections
officials no later than 21 days after election day.
(3) Existing law requires that a person desiring to vote announce
his or her name and address to a precinct worker at the polling
place.
This bill would also require a person who desires to vote to show
specified proof of identity. The bill would authorize a person who
does not have proof of identity to vote a provisional ballot after
completing an affidavit under penalty of perjury that he or she is a
registered voter. The bill would require the Department of Motor
Vehicles to waive the fee for an identification card requested for
satisfying the voter identification requirement.
(4) By imposing additional duties on elections officials and
expanding the application of the crime of perjury, the bill would
impose a state-mandated local program.
(5) 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.
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 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter and the last four digits of
the voter's California driver's license number or California
identification card number, or if the voter has neither, the last
four digits of the voter's social security number. The signature an
d numeric identifying information must be verified as
consistent with the voter's state or federal records,
prior to counting the ballot .
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board and only if the
signature and numeric identifying information are verified .
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(12) A security flap or sleeve to conceal the voter's signature
and identifying information during mailing.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
SEC. 2. Section 3020.5 is added to the Elections Code, to read:
3020.5. Notwithstanding Section 3020, 3311, or Section 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. 3. Section 14216.5 is added to the Elections Code, to read:
14216.5. (a) Prior to receiving a ballot, a voter shall present
to a member of the precinct board proof of identity that satisfies
all of the following requirements:
(1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record.
(2) The document shows a photograph of the individual presenting
the identification.
(3) The document includes an expiration date, and the document is
not expired at the time of voting or it expired less than two years
prior to the election.
(4) The document was issued by the United States or the State of
California or is a valid tribal member identification card issued by
an Indian tribe recognized by the United States government.
(b) If a voter is unable to, or refuses to, provide proof of
identity pursuant to subdivision (a), he or she may execute a
declaration, certified to be correct under penalty of perjury,
declaring that he or she is registered to vote. Upon execution of the
declaration, the voter shall be issued a provisional ballot pursuant
to Section 14310 and an envelope to be completed in the same manner
as a vote by mail envelope.
SEC. 4. Section 14902.5 is added to the Vehicle Code, to read:
14902.5. The fee for an original or replacement identification
card shall be waived for a person who requests the identification
card for purposes of satisfying the requirement of Section 14216.5 of
the Elections Code.
SEC. 5. 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.
