BILL NUMBER: AB 1249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2001

INTRODUCED BY   Assembly  Member Daucher  
Members Daucher and Cardenas 

                        FEBRUARY 23, 2001

   An act to  add and repeal Section 3017.5  
amend, repeal, and add Section 3010  of the Elections Code,
relating to absentee voting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1249, as amended, Daucher.  Absentee voting:  identification
envelopes:  postage.
   Under existing law, an absentee voter pays the postage to return
his or her absentee ballot to the county elections officials.
   This bill would require  the Secretary of State 
 county elections officials  , for a 5-year period, to
 reimburse county elections officials for any postage costs
incurred in connection with the return of absentee ballots 
 provide absentee voters with all supplies necessary for the use
and return of the ballot, including a postage-paid return envelope
 .
   This bill would require county elections officials, 
within 3 years   by January 1, 2005 , to report to
the Secretary of State as to the impact, if any, that paid postage on
identification envelopes has on absentee voting.  The Secretary of
State would be required,  within 4 years   by
January 1, 2006  , to report these findings to the Legislature.

   By requiring local elections officials to keep track of postage
charges and submit them to the Secretary of State for reimbursement,
this bill would increase the duties of local elections officials and
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 3017.5 is added to the Elections Code, to read:

   3017.5.  (a) The Secretary of State shall reimburse county
elections officials for any postage costs incurred for postage in
connection with absentee ballots returned by voters to county
elections officials.
   (b) Each county elections official shall report, no later than
three years from the date this section is enacted, to the Secretary
of State as to the impact, if any, that paid postage on
identification envelopes has on absentee voting.  The Secretary of
State shall report these findings to the Legislature within four
years from the enactment of this section.
   (c) This section shall remain in effect for a period of five years
from the date of its enactment and at the expiration of that period
is repealed, unless a later enacted statute deletes or extends that
date.
  SEC. 2.   
  SECTION 1.  Section 3010 of the Elections Code is amended to read:

   3010.   (a)  The elections official shall deliver to each
qualified applicant:  
   (a)  
   (1)  The ballot for the precinct in which he or she resides.
In primary elections this shall also be accompanied by the ballot
for the central committee of the party with which the voter is
affiliated, if any.  
   (b)  
   (2)  All supplies necessary for the use and return of the
ballot  , including, but not limited to, a postage-paid return
envelope for the voter to return the ballot  .  
   No  
   (b) Each county elections official shall report, no later than
January 1, 2005, to the Secretary of State as to the impact, if any,
that paid postage on identification envelopes has on absentee voting.
  The Secretary of State shall report these findings to the
Legislature no later than January 1, 2006.
   (c) An  officer of this state may  make any 
 not  charge for services rendered to any voter under this
chapter.  
   (d) This section shall remain in effect only until December 31,
2006, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.   
  SEC. 2.  Section 3010 is added to the Elections Code, to read:
   3010.  (a) The elections official shall deliver to each qualified
applicant:
   (1) The ballot for the precinct in which he or she resides.  In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
   (2) All supplies necessary for the use and return of the ballot.
   (b) An officer of this state may not charge for services rendered
to any voter under this chapter.
   (c) This section shall become operative on January 1, 2007.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code,
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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.