An act to add Section 3019.8 to the Elections Code, relating to elections.
Summary
AB 2105 would add Section 3019.8 to the Elections Code to address a specific vote-by-mail timing problem. The bill directs the Secretary of State to identify geographic areas where ballots deposited with the U.S. Postal Service on election day may not receive a postmark until the next day because of local mail collection and processing practices. The Secretary of State would have to use objective criteria, consult with USPS to the extent possible, publish the identified areas online, and share the list with county elections officials.
For voters living in those identified areas, county elections officials would be required to include a prominent “Mail Early” notice card or insert with vote-by-mail ballots. The notice would warn that mailing a ballot on election day could result in a next-day postmark and the ballot not being counted, and it would recommend earlier return, use of secure drop boxes or vote centers, or requesting a postmark at a post office counter. The Secretary of State could also create a standard template for the notice, which counties could customize with local vote center and drop box information.
Impact
The bill would create a new Elections Code section and impose new duties on the Secretary of State and county elections officials related to vote-by-mail administration. It would not change the basic rule that ballots must be postmarked on or before election day to be timely in all-mailed ballot elections, but it would add a targeted notice system intended to reduce the risk that ballots from certain areas are rejected because of postal processing delays. Because counties would have to mail additional notices, the bill is identified as creating a state-mandated local program and includes reimbursement language if the Commission on State Mandates finds reimbursable costs.
Sentiment
The available context suggests generally favorable or at least practical support for the bill’s purpose, as reflected by its majority key vote designation and lack of recorded opposition in the provided materials. The measure appears designed as a voter-information and election-administration fix rather than a broader policy change, which often draws less ideological conflict. However, the bill was still in committee and the hearing was canceled at the author’s request, so there is no committee transcript or vote history here to show broader debate.
Contention
The main potential point of contention is administrative burden and cost: county elections officials would have to identify affected voters, include the required notice in mailed ballot packets, and potentially customize materials for local use. Another possible issue is the accuracy and implementation of the Secretary of State’s geographic-area determinations, since the bill relies on USPS collection and processing information and objective criteria that may be difficult to update consistently. The bill also raises the usual state-mandate question, with reimbursement dependent on a Commission on State Mandates finding.