BILL NUMBER: AB 800	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 26, 2015

    An act to amend Section 304 of the Elections Code,
relating to elections.   An act to amend Section 3010 of
the Elections Code, relating to elections. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 800, as amended, Gomez.  Campaign advertising or
communications.   Elections: vote by mail ballots. 

   Existing law sets forth the procedures by which a voter may apply
for and receive a vote by mail ballot. Existing law requires an
elections official to deliver to each qualified applicant the vote by
mail ballot for the precinct in which the applicant resides and all
supplies necessary for the use and return of the ballot.  
   This bill would require the elections official to also deliver to
each qualified applicant a return envelope with postage prepaid in
which a vote by mail voter may return his or her ballot if the ballot
is to be mailed within the territorial limits of the United States
or the District of Columbia. By imposing additional duties on local
elections officials, this bill would impose 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, 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 these
statutory provisions.  
   The Elections Code defines "campaign advertising or communication"
to mean a communication authorized by a candidate or specified
committee for the purpose of advocating the election or defeat of a
qualified candidate or ballot measure through any broadcasting
station, newspaper, magazine, outdoor advertising facility, direct
mailing, or any other type of general, public, political advertising.
The Elections Code makes specified provisions of the Civil Code,
relating to libel and slander, fully applicable to any campaign
advertising or communication, as defined.  
   This bill would specify that "campaign advertising or
communication" includes a communication authorized by a candidate or
specified committee for the purpose of advocating the election or
defeat of a qualified candidate or ballot measure through Internet
advertising. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3010 of the  
Elections Code   is amended to read: 
   3010.   (a)    The elections official shall
deliver  the following  to each qualified applicant:

   (a) 
    (1)  The ballot for the precinct in which he or she
resides. In primary  elections   elections,
 this shall also be accompanied by the ballot for the central
committee of the party with which the voter is affiliated, if any.

   (b) 
    (2)  All supplies necessary for the use and return of
the  ballot.   b   allot, including a
return envelope with postage prepaid if the ballot is to be mailed
within the territorial limits of the United States or the District of
Columbia. 
   No 
    (b)     An  officer of this state
 may   shall not  make any charge for
services rendered to  any   a  voter under
this chapter.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 304 of the Elections Code is
amended to read:
   304.  "Campaign advertising or communication" means a
communication authorized by a candidate or a candidate's controlled
committee, as defined in Section 82016 of the Government Code, or by
a committee making independent expenditures, as defined in Section
82031 of the Government Code, or by a committee formed primarily to
support or oppose a ballot measure, as defined in Section 82047.5 of
the Government Code, for the purpose of advocating the election or
defeat of a qualified candidate or ballot measure through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, direct mailing, Internet advertising, or any other type of
general, public, political advertising.