California 2019-2020 Regular Session Status: Enacted 4 D cosponsors

SB 739 — Elections: vote by mail ballots and false or misleading information.

Last action — Chaptered by Secretary of State. Chapter 109, Statutes of 2020.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2019. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires county elections officials to mail a vote by mail ballot to every registered voter for the November 3, 2020, statewide general election. Existing law requires elections officials to include with the county voter information guide an application for a vote by mail ballot. This bill would make this requirement to include with the county voter information guide an application for a vote by mail ballot inapplicable for the November 3, 2020, statewide general election. Existing law makes it a misdemeanor for a person, with actual knowledge and intent to deceive, to cause to be distributed or to distribute literature or any other form of communication to a voter that the person knows to include voting information that is incorrect, false, or misleading, as specified. This bill would specifically include within this prohibition a false or misleading communication regarding the qualifications to apply for, receive, or return a vote by mail ballot. By creating a new crime, this 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 109, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 32. Noes 0.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 72. Noes 1. Page 5365.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Coauthors revised.

  10. From committee: Do pass. (Ayes 16. Noes 0.) (August 20).

  11. August 18 set for first hearing. Placed on suspense file.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. August 11 hearing postponed by committee.

  14. Coauthors revised.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 27).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  18. July 13 hearing postponed by committee.

  19. Referred to Com. on E. & R.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 39. Noes 0. Page 3153.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 7. Noes 0. Page 3142.) (January 23).

  24. Set for hearing January 23.

  25. January 21 hearing: Placed on APPR. suspense file.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  27. Set for hearing January 21.

  28. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3087.) (January 14). Re-referred to Com. on APPR.

  29. Set for hearing January 14.

  30. Re-referred to Com. on N.R. & W.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  32. Referred to Com. on RLS.

  33. Read first time.

  34. From printer. May be acted upon on or after March 27.

  35. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 23004
Democratic 9001
Republican 0003
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Roth — Yea
Galgiani — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wieckowski — Yea
Wilk — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Borgeas — Yea
Beall — Yea
Hueso — Yea
Moorlach — Yea
Leyva — Yea
Allen — Yea
Chang — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Melendez — Not Voting
Bates — Not Voting
Morrell — Not Voting
Nielsen — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 72 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 46104
Democratic 21001
Republican 5001
Total 72106
% of votes cast 91%1%0%8%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Obernolte — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
Bigelow — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Kamlager — Yea
Nazarian — Yea
Brough — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Kiley — Nay
Eggman — Not Voting
Frazier — Not Voting
Fong — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 10001
Republican 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Voepel — Yea
Bigelow — Yea
Quirk — Yea
Gonzalez — Yea
Diep — Yea
Bloom — Yea
Chau — Yea
Eggman — Yea
Fong — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 26000
Democratic 10000
Republican 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 3000
Unaffiliated 5000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Borgeas — Yea
Hertzberg — Yea
Hueso — Yea
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 739 do?
Existing law requires county elections officials to mail a vote by mail ballot to every registered voter for the November 3, 2020, statewide general election. Existing law requires elections officials to include with the county voter information guide an application for a vote by mail ballot. This bill would make this requirement to include with the county voter information guide an application for a vote by mail ballot inapplicable for the November 3, 2020, statewide general election. Existing law makes it a misdemeanor for a person, with actual knowledge and intent to deceive, to cause to be distributed or to distribute literature or any other form of communication to a voter that the person knows to include voting information that is incorrect, false, or misleading, as specified. This bill would specifically include within this prohibition a false or misleading communication regarding the qualifications to apply for, receive, or return a vote by mail ballot. By creating a new crime, this 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 739?
SB 739 is sponsored by Stern, Henry I. (Democratic), Umberg, Thomas J. (Democratic), Mullin, Rivas, Robert (Democratic), and Gonzalez, Lena A. (Democratic).
What is the current status of SB 739?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track SB 739?
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