SB335 - Elections: voting by mail.

Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 335 Introduced by Senator Jones Strickland February 12, 2025 An act to amend Section 21193 of the Public Resources Code, relating to environmental protection. An act to amend Sections 2170, 3001, 3011, 3015, 3016, 3017, 3102, 3106, 3110, 3111, 3116.5, 12283, and 14212 of, to add Chapter 3 (commencing with Section 3200) to Division 3 of, and to repeal Sections 357.5, 3000.5, 3016.7, 3025.5, 3025.7, 4005, 4005.5, 4005.6, 4006, and 4008 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 335, as amended, Jones Strickland. California Environmental Protection Program: administration. Elections: voting by mail. Existing law requires county elections officials to mail a ballot to every registered voter for all elections, as provided. Existing law authorizes any county to conduct an all-mailed ballot election under certain conditions. This bill would repeal the provisions requiring county elections officials to mail a ballot to every registered voter and authorizing a county to conduct an all-mailed ballot election. The bill would instead authorize a voter to request a vote by mail ballot for any election, as specified. The bill would also authorize and establish procedures for a voter to apply to become a permanent vote by mail voter. The bill would require a county elections official to mail a vote by mail ballot for each election to a voter who has qualified to become a permanent vote by mail voter. By establishing new duties for local elections officials, the bill would create 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. Existing law establishes the California Environmental Protection Program, which is concerned with the preservation and protection of California’s environment. Existing law requires the program to be administered by the Secretary of the Natural Resources Agency. This bill would make a nonsubstantive change to the above provision relating to the administration of the program. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 357.5 of the Elections Code is repealed. 357.5. “Vote center” means a location established for holding elections that offers the services described in Sections 2170 and 4005. SEC. 2. Section 2170 of the Elections Code is amended to read: 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution, including military and overseas voters and voters with disabilities, may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures: (1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent and satellite offices of the county elections official and all polling places in the county. (2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot. (4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. (5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass. (e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot in accordance with the following procedures: (1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the elections office, satellite office, or polling place. (2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place. (3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the location of the voter’s polling place. A voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2). (4) This subdivision does not apply to elections conducted pursuant to Section 4005. (f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following: (1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot: (A) Verify that the registrant is deemed eligible to register to vote. (B) Verify that the registrant has not voted in the state in that election. (C) Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005. (D) (C) Update the voter’s record to indicate that the voter has voted in that election. (2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election. (g) The Secretary of State may adopt emergency regulations to implement this section. The Legislature finds and declares that such regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner. SEC. 3. Section 3000.5 of the Elections Code is repealed. 3000.5. (a) Notwithstanding any other law, for each election, the elections official shall, no later than 29 days before the day of the election, begin mailing the materials specified in Section 3010 to every registered voter. The elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days to mail a ballot to each person who is subsequently registered to vote. The elections official shall not discriminate against any region or precinct in choosing which ballots to mail first within the prescribed five-day mailing period. (b) The distribution of vote by mail ballots to all registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location. (c) Consistent with paragraph (2) of subdivision (a) of Section 2226, this section is not intended and shall not be construed to authorize a voter with an inactive voter registration status to receive a vote by mail ballot for an election. SEC. 4. Section 3001 of the Elections Code is amended to read: 3001. (a) Except as provided in Chapter 3 (commencing with Section 3200), application for a vote by mail voter’s ballot shall be made in writing to the elections official having jurisdiction over the election between the 29th and the 7th day prior to the election. The application shall be signed by the applicant and shall show the applicant’s place of residence. Any applications received by the elections official prior to the 29th day shall be kept and processed during the application period. (b) No later than 29 days before the day of the election, the county elections official shall begin mailing the materials required by Section 3010. 3010 to qualified applicants for vote by mail ballots, including voters who are permanent vote by mail voters pursuant to Chapter 3 (commencing with Section 3200). The county elections official shall have five days to mail a ballot to each active registered voter person who has requested a vote by mail ballot by the 29th day before the day of the election and five days for each voter who registers to vote requests a vote by mail ballot after that date. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period. SEC. 5. Section 3015 of the Elections Code is amended to read: 3015. (a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day, day or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, permitted shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied: (1) They surrender their vote by mail voter ballots to the inspector of the precinct board, a member of the vote center election board, board or the elections official. (2) They are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board, vote center election board, board or elections official does all of the following: (A) Verifies that they have not returned their vote by mail ballots. (B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls. (b) The precinct board and vote center election board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose. SEC. 6. Section 3016 of the Elections Code is amended to read: 3016. Vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, day or to the office or satellite office of an elections official where voting is permitted, permitted shall be issued a provisional ballot in accordance with Section 14310 if neither of the conditions in subdivision (a) of Section 3015 is satisfied. SEC. 7. Section 3016.7 of the Elections Code is repealed. 3016.7. The county elections official shall permit any voter to cast a ballot using a certified remote accessible vote by mail system, regardless of whether the voter is a voter with disabilities or a military or overseas voter. SEC. 8. Section 3017 of the Elections Code is amended to read: 3017. (a) (1) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall may do any of the following: (A) Return the ballot by mail or in person to the elections official who issued the ballot. (B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state. (C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. 3025. (2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. 3025. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, pro [Text truncated for display. Full text available on Congress.gov.]