AB 161

This changes the date of the September primary from the 2nd Tuesday in

September to the 2nd Tuesday in August and renames it to be the "Partisan

Primary". The bill also changes the dates of related election events to accommodate

the change in the date of the primary.

The bill also makes various changes in the laws pertaining to absentee voting.

Most of the changes relate to absentee voting by military and overseas electors of this

state. State law contains different definitions of the terms "military elector" and

"overseas elector." One set of definitions mirrors the definitions found in federal law.

Under federal law, a "military elector" includes: 1) a member of a uniformed service

on active duty who, by reason of that duty, is absent from the residence where the

member is otherwise qualified to vote; 2) a member of the merchant marine who, by

reason of service in the merchant marine, is absent from the residence where the

member is otherwise qualified to vote; and 3) the spouse or dependent of any such

member who, by reason of the duty or service of the member, is absent from the

residence where the person is otherwise qualified to vote. The federal definition of

"overseas elector" includes an elector who resides outside the United States and who

is qualified under federal law to vote in elections for national office in this state

because the elector last resided in this state immediately prior to the elector's

departure from the United States. The other set of definitions applies for certain

state purposes and includes all the persons who are included in the federal

definitions but also includes other persons. The state definition of the term "military

elector" includes: 1) members of a uniformed service who are not on active duty or

who are not absent from their residences by reason of their service or both; 2)

members of the merchant marine who are not absent from their residences; 3)

civilian employees of the United States and civilians officially attached to a

uniformed service who are serving outside the United States; 4) Peace Corps

volunteers; and 5) spouses and dependents of these persons who are residing with

or accompanying them. The state definition of "overseas elector" includes children

of persons who qualify as overseas electors under federal law who are U.S. citizens

at least 18 years of age, who are not disqualified from voting in this state, and who

are not residents of this state. Significant provisions of the bill include:

1. Under current law, any qualified absentee elector may request an absentee

ballot by means of electronic mail or facsimile transmission. If an elector so requests,

the elector must mail with his or her voted absentee ballot a copy of an absentee ballot

application containing his or her original signature. In addition, an absentee elector

may request that his or her absentee ballot be transmitted to him or her by electronic

mail or facsimile transmission and a municipal clerk or board of election

commissioners may transmit the ballot as requested. This bill provides that the

municipal clerk or board of election commissioners must transmit the ballot if the

clerk or board receives a valid request.