AB 898

Special primaries

Under current law, a vacancy in the office of U.S. senator or representative in

congress occurring before the second Tuesday in April in the year of the general

election must be filled at a special primary and special election. Current law provides

that a special primary be held four weeks before the day of the special election.

However, if the election is held on the same day as the spring election, the special

primary is held concurrently with the spring primary.

Under current law, with regard to a special election for a national office, the

period between a special primary and special election or between the spring primary

or spring election does not provide sufficient time to canvass and certify the primary

results and prepare ballots to send to overseas voters, in compliance with federal law.

This bill requires that the special primary for a national office be held on the

first Tuesday that is at least 10 weeks before the special election for that office. With

regard to a special primary for other offices, the bill specifies that a special primary

must be held on the first Tuesday that is at least four weeks before the special

election.

voting after registration

Current law generally allows any individual who is eligible to vote to vote by

absentee ballot. The bill modifies that provision so that an individual who registers

to vote electronically or by mail must vote for the first time after such registration

in person at the polling place or by in-person absentee ballot, unless the individual

is entitled to vote otherwise than in person under federal law. For example, under

the Uniformed and Overseas Citizens Absentee Voting Act, an overseas citizen is

entitled to vote by absentee ballot. Federal law otherwise allows a state to require

that an individual vote in person if the individual registered by mail or has not voted

previously in the jurisdiction in which the individual has registered.

Ballot harvesting

The bill prohibits a person from obtaining another person's marked absentee

ballot and failing or refusing to deliver it to the proper municipal clerk or polling

place. A person who violates this prohibition is guilty of a Class H felony.

tampering

Under current law, tampering with voting machines or equipment or with

ballots or ballot boxes containing ballots cast in an election is punishable as a Class

I felony, which consists of a fine not to exceed $10,000 or imprisonment not to exceed

three years and six months, or both.

Under the bill, such conduct is punishable as a Class H felony, which consists

of a fine not to exceed $10,000 or imprisonment not to exceed six years, or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.