California 2023-2024 Regular Session Status: Enacted 2 D cosponsors

AB 1037 — Vote by mail ballots: signature verification.

Last action — Chaptered by Secretary of State - Chapter 673, Statutes of 2023.

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

This bill has been enacted into law. Introduced February 15, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 10, 2023.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 6 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 a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voter's signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box. This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voter's ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 are enacted and this bill is enacted last. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 673, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 18. Page 3293.).

  5. Assembly Rule 77 suspended. (Page 3228.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8. Page 2589.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 20). Re-referred to Com. on APPR.

  13. Referred to Com. on E. & C.A.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 16. Page 1695.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 3.) (May 10).

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 19). Re-referred to Com. on APPR.

  19. Re-referred to Com. on ELECTIONS.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

  21. Referred to Com. on ELECTIONS.

  22. From printer. May be heard in committee March 18.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 22 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 1037 Berman Concurrence in Senate Amendments

Passed 62 Yea · 18 Nay
Party YeaNayPresentNot Voting
Democratic 47000
Unaffiliated 15500
Republican 01300
Total 621800
% of votes cast 78%23%0%0%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail 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
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

3rd Reading AB1037 Berman et al. By Newman

Passed 31 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 20101
Republican 0700
Total 31801
% of votes cast 78%20%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

AB 1037 Berman Assembly Third Reading

Passed 61 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 46001
Unaffiliated 15500
Republican 01102
Total 611603
% of votes cast 76%20%0%4%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 10000
Republican 0300
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does AB 1037 do?
Existing law requires a county elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's signature appearing on specified voter registration records. If the elections official determines that the signatures do not match, or if the identification envelope does not contain a signature, existing law requires the elections official to permit the voter to submit a signature verification statement or unsigned identification envelopment statement, respectively, that contains the voter's signature. Existing law requires instructions to be sent to the voter specifying that they may submit these statements by email, by facsimile transmission, or in person at a polling place within the county or a ballot dropoff box. This bill would additionally require the instructions sent to voters to state that they may submit a signature verification statement or unsigned identification envelope statement by other electronic means made available by the local elections official. This bill would require a local elections official who offers other electronic means for submission to establish appropriate privacy and security protocols so that the information transmitted is received by the elections official and is only used to verify the signature on the voter's ballot. By imposing duties on local elections officials, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by SB 77 to be operative only if this bill and SB 77 are enacted and this bill is enacted last. 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.
Who sponsors AB 1037?
AB 1037 is sponsored by Berman, Marc (Democratic) and Cervantes, Sabrina (Democratic).
What is the current status of AB 1037?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
Where can I track AB 1037?
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