Elections: vote by mail ballots.
Summary
Prior law, in effect until January 1, 2022, required county elections officials to permit voters with a disability, and military or overseas voters, to cast a ballot using a certified remote accessible vote by mail system. Prior law required a county elections official to mail a ballot to every registered voter for all elections proclaimed or conducted prior to January 1, 2022. Existing law, in effect since January 1, 2022, requires a county elections official to permit any voter to cast a ballot using a certified remote accessible vote by mail system. Existing law indefinitely extends the requirement for a county elections official to mail a ballot to every registered voter for all elections. Existing law establishes procedures to apply for vote by mail status and requires elections officials to mail materials to vote by mail voters, as specified. This bill would make conforming changes relating to vote by mail ballots and delete obsolete provisions. Existing law requires an elections official to send a 2nd vote by mail voter ballot to any voter upon receipt of a statement under penalty of perjury that the voter has failed to receive, lost, or destroyed their original ballot. This bill would additionally require an elections official to provide a 2nd vote by mail ballot to the voter's representative upon receipt of a written request signed by the voter under penalty of perjury, as specified. Existing law requires a county that does not conduct an all-mailed ballot election to provide at least 2 vote by mail ballot drop-off locations within the jurisdiction where the election is held, or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, whichever results in more vote by mail ballot drop-off locations. This bill would, for purposes of this provision, require the number of registered voters in the jurisdiction where the election is being held to be determined on the 88th day before the election. Existing law authorizes a military or overseas voter who returns to the county of their residence to appear before the elections official to make application for registration, as specified. Existing law requires an elections official to deliver a vote by mail ballot to the voter that may be voted in the elections official's office, as specified. This bill would limit that authorization to a military or overseas voter who returns to the county of their residence after the seventh day prior to the date of the election, as specified. Existing law authorizes a military or overseas voter who is unable to appear at their polling place because of being recalled to service to appear before the elections official and requires the elections official to deliver to the voter a vote by mail ballot that may be voted in the elections official's office, as specified. This bill would limit that authorization to a military or overseas voter who is unable to appear at their polling place because of being recalled to service after the seventh day prior to the date of the election, but before 5 p.m. on the day before the day of the election. Existing law requires elections officials to preserve all applications for vote by mail ballots for 22 months from the date of the election where candidates for specified offices are voted upon, including President of the United States, Vice President of the United States, and United States Senator. Under existing law, an elections official is required to preserve all applications for vote by mail ballots for a period of 6 months from the date of the election for state and local elections, as specified. This bill would repeal those provisions effective January 1, 2024. By adding to the duties of local elections officials, 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, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Assembly Passage
May 2022
Senate Passage
Aug 2022
Signed into Law
Aug 2022
Introduced Feb 18, 2022
Signed Aug 22, 2022
Floor votes · Senate Aug 17, 2022 · Assembly May 26, 2022
How they voted
29–9
Passed · 2 other
Total votes 40
Aug 17, 2022
D
Democratic31
93% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
10
Committee
9
Amendments
3
Aug 22, 2022
Signed into law
Approved by the Governor.
legislature
Aug 18, 2022
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Aug 17, 2022
Upper · Passed
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 4868.).
upper
Aug 1, 2022
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jun 20, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 21). Re-referred to Com. on APPR.
upper
Jun 8, 2022
Committee
Referred to Com. on E. & C.A.
upper
May 26, 2022
Assembly · Passed
Assembly Vote: pass (57-19-2)
assembly
May 25, 2022
Lower · Passed
Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 57. Noes 19. Page 5021.).
lower
Apr 27, 2022
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 4.) (April 27).
lower
Apr 18, 2022
Committee
Re-referred to Com. on APPR.
lower
Apr 7, 2022
Lower · Passed
Read second time and amended.
lower
Apr 6, 2022
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 6).
lower
Mar 29, 2022
Committee
Re-referred to Com. on ELECTIONS.
lower
Mar 28, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
lower
Mar 10, 2022
Committee
Referred to Com. on ELECTIONS.
lower
Feb 19, 2022
Lower · Passed
From printer. May be heard in committee March 21.
lower
Feb 18, 2022
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Marc Berman
DDemocratic
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