SB 908 — Elections: ballots: submission by electronic mail.
Last action — Set, first hearing. Failed passage in committee. Reconsideration granted.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law permits a voter to return a vote by mail ballot either by mail to the elections official from whom it came or by personal delivery to the elections official or to a precinct board member at any polling place within the jurisdiction. Existing law permits a special absentee voter, as defined, who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a special absentee voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voter's eligibility to vote by comparing the voter's signature from the materials returned by facsimile transmission to the signature on the voter's affidavit of registration. This bill would permit a special absentee voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called for military services within the United States on or after the final date to make application for a vote by absent voter ballot, to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voter's eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter's affidavit of registration. Because the bill requires elections officials to provide a higher level of service and extends the crime of perjury, it 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 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.
Bill Text
- Amended 05/10/11 - Amended Senate Current pdf May 10, 2011
- Amended 04/11/11 - Amended Senate pdf April 11, 2011
- Introduced 02/18/11 - Introduced pdf February 18, 2011
- SB908 View text html
Action History
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Set, first hearing. Failed passage in committee. Reconsideration granted.
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Referred to Com. on E. & R.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 23. Noes 11. Page 1187.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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Set for hearing May 23.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 853.) (May 3).
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Set for hearing May 3.
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Re-referred to Com. on E. & C.A.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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From printer. May be acted upon on or after March 22.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Runner · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Runner
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Gatto | — | Yea |
| Bonilla | — | Yea |
| Fong | — | Yea |
| Mendoza | — | Yea |
| Swanson | — | Yea |
| Logue | — | Yea |
| Valadao | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 2 | 0 | 3 |
| Total | 2 | 2 | 0 | 3 |
| % of votes cast | 29% | 29% | 0% | 43% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Fong | — | Yea |
| Bonilla | — | Nay |
| Mendoza | — | Nay |
| Swanson | — | Not Voting |
| Logue | — | Yea |
| Valadao | — | Not Voting |
| Gatto | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 11 | 0 | 5 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 23 | 11 | 0 | 6 |
| % of votes cast | 58% | 28% | 0% | 15% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Cannella | — | Nay |
| De León | — | Yea |
| Rubio | — | Yea |
| Runner | — | Yea |
| Negrete McLeod | — | Nay |
| Lowenthal | — | Nay |
| Hancock | — | Nay |
| Harman | — | Yea |
| Alquist | — | Yea |
| Blakeslee | — | Yea |
| Corbett | — | Nay |
| Correa | — | Yea |
| Dutton | — | Yea |
| Huff | — | Yea |
| Kehoe | — | Not Voting |
| Leno | — | Nay |
| Lieu | — | Yea |
| Price | — | Yea |
| Simitian | — | Yea |
| Vargas | — | Yea |
| Walters | — | Yea |
| Wolk | — | Not Voting |
| Wright | — | Yea |
| Anderson | — | Yea |
| Hernandez | — | Not Voting |
| Liu | — | Nay |
| Pavley | — | Nay |
| Steinberg | — | Yea |
| Wyland | — | Yea |
| Emmerson | — | Not Voting |
| Evans | — | Nay |
| DeSaulnier | — | Nay |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| La Malfa | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Total | 3 | 2 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| De León | — | Yea |
| Correa | — | Yea |
| Lieu | — | Yea |
| Beth Gaines | — | Nay |
| La Malfa | — | Nay |
Subjects
Frequently asked questions
- What does SB 908 do?
- Existing law permits a voter to return a vote by mail ballot either by mail to the elections official from whom it came or by personal delivery to the elections official or to a precinct board member at any polling place within the jurisdiction. Existing law permits a special absentee voter, as defined, who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a special absentee voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voter's eligibility to vote by comparing the voter's signature from the materials returned by facsimile transmission to the signature on the voter's affidavit of registration. This bill would permit a special absentee voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called for military services within the United States on or after the final date to make application for a vote by absent voter ballot, to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voter's eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter's affidavit of registration. Because the bill requires elections officials to provide a higher level of service and extends the crime of perjury, it 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 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.
- Who sponsors SB 908?
- SB 908 is sponsored by Runner.
- What is the current status of SB 908?
- This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 908?
- Track SB 908 free on One Click Politics — get push/email alerts when it moves.
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