SB3 - Elections: signature verification and results.

Senate Bill No. 3 CHAPTER 307 An act to amend Sections 3011, 3019, 15104, and 15306 of the Elections Code, relating to elections. [ Approved by Governor October 03, 2025. Filed with Secretary of State October 03, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 3, Cervantes. Elections: signature verification and results. Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with either the signature appearing on the voter’s affidavit or other signature appearing on a form that is part of the voter’s registration record. Existing law prohibits an elections official from reviewing or considering a voter’s party preference, race, or ethnicity when comparing signatures. Existing law requires an elections official, if it is determined that the signatures do not compare, to notify the voter of the opportunity to verify the voter’s signature, as specified. Existing law prohibits an elections official from rejecting a vote by mail ballot with signatures that do not compare if the voter delivers a signature verification statement and the signature on the verification statement compares with the signature on file in the voter’s record. Existing law prohibits an elections official from rejecting a vote by mail ballot with an unsigned identification envelope if, no later than 5 p.m. two days prior to the election, the voter signs the envelope at the office of the elections official or completes and submits an unsigned identification envelope statement, as specified. This bill would additionally prohibit an elections official, when comparing signatures, from considering a voter’s identifying information, including gender, name, and address, and the amount of time spent reviewing a signature. The bill would require an elections official to notify the voter when the signatures do not compare after a specified determination is made that the signatures differ. The bill would authorize a voter to work with a nongovernmental entity to complete a signature verification statement and unsigned envelope statement. The bill would require a signature verification statement and unsigned envelope statement to contain a statement that the county elections official is required to compare the voter’s signature with the signatures appearing in the voter’s registration record, which may include the signature appearing on the voter’s driver’s license or state identification card. The bill would require the Secretary of State to publish on their internet website a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement. The bill would require an elections official to accept a form for a signature verification statement or unsigned ballot identification envelope statement if the form was developed by the Secretary of State or an elections official, but would prohibit an elections official from accepting a form created by any other individual, organization, or entity. Existing law permits a member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, to observe and challenge the manner in which vote by mail ballots are handled. Existing law requires these individuals be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon and challenge whether established procedures are being followed for, among other things, verifying signatures on the vote by mail return envelopes. This bill would additionally allow vote by mail observers to observe and challenge the manner in which those individuals handling vote by mail ballots are following procedures for verifying signatures on signature verification statements and unsigned envelope statements. Existing law requires elections officials, beginning no later than the Thursday following an election, to post updated information regarding an election on their internet website at least once per week until publication of the certified statement of results or until the only ballots left to count are vote by mail ballots for which a voter has the opportunity either to verify or provide their signature. Existing law requires the information at a minimum include updated results for any candidate for office or measure appearing on the ballot, the number of ballots processed and an estimated number of outstanding unprocessed ballots, according to specified categories, and the date and time when it is expected that the next results will be posted. This bill would instead require an elections official, beginning no later than the Thursday following an election, to post updated information regarding the election on their internet website at least two times by the following Thursday and at least twice a week thereafter until publication of the certified statement of results or until the only ballots left to count are vote by mail ballots for which a voter has the opportunity either to verify or provide their signature. The bill would revise the categories for reporting the number of ballots processed and estimated number of outstanding ballots remaining unprocessed. The bill would require the date and time when it is expected that the next results will be posted to be on the homepage of an elections official’s internet website or on the stand-alone webpage for the specific election on an elections official’s internet website. The bill would specify that posting a hyperlink to a separate file does not satisfy the requirements of these provisions. This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 827 to be operative only if this bill and AB 827 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 15104 of the Elections Code proposed by AB 16 to be operative only if this bill and AB 16 are enacted and this bill is enacted last. By imposing new duties on 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text 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 the voter is voting and is the person whose name appears on the envelope. (2) The signature of the voter. (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. (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 the voter’s own handwriting in order for the ballot to be counted. (8) A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election. (9) The name and signature of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (10) A statement next to where the voter signs that the county elections official is required to compare the voter’s signature appearing on the identification envelope with the signatures appearing in the voter’s registration record, which may include the signature appearing on the voter’s driver’s license or state identification card. (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference may not be stamped or printed on the identification envelope. (c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature. (d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision. SEC. 2. Section 3019 of the Elections Code is amended to read: 3019. (a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare: (A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter. (B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voter’s signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voter’s registration record: (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature and that the vote will be counted. (B) An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. (D) When comparing signatures, an elections official shall not review or consider any of the following: (i) A voter’s party preference, race, or ethnicity. (ii) A voter’s identifying information including gender, name, or address, except to confirm the identity of the voter. (iii) The amount of time spent reviewing a signature. (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. (F) The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c). (H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. (I) A signature made using a mark such as an “X,” or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5. (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2). (2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d). (d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination pursuant to paragraph (2) of subdivision (c) that a voter’s signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. (B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. (C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature. (D) Unless required pursuant to Section 3026, the elections official may use any information in a county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature. (E) If it is impracticable under the c [Text truncated for display. Full text available on Congress.gov.]