SB 406: Elections: ballot submission deadline.
<p>This bill aims to amend the elections code to change the deadline for returning vote-by-mail ballots. Under the current law, a ballot is timely cast if it is postmarked or time-stamped on or before election day and received within 7 days after election day. The proposed bill would require ballots to be returned by the close of the polls on election day, except for military and overseas voters, who can still have their ballots counted if postmarked on or before election day and received within 7 days after election day.</p>
| Feb. 02, 2026 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| Apr. 01, 2025 | April 1 set for first hearing. Held in committee without recommendation. |
| Mar. 20, 2025 | Set for hearing April 1. |
| Mar. 19, 2025 | Referred to Com. on E. & C.A. |
| Feb. 18, 2025 | From printer. May be acted upon on or after March 17. |
| Introduced by Senator Choi (Coauthors: Senators Alvarado-Gil, Grove, Jones, Niello, and Seyarto) (Coauthors: Assembly Members Castillo, DeMaio, and Essayli) |
February 14, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 3020 of the Elections Code is amended to read:3020.
(b)Notwithstanding subdivision (a), any vote by mail ballot cast under this division shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than seven days after election day and either of the following is satisfied:
(1)The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day.
(2)If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day.
(c)For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.
SEC. 2.
Section 3117 of the Elections Code is amended to read:3117.
A valid ballot cast pursuant to this chapter shall be counted if it is postmarked on or before election day and received by the elections officialSEC. 3.
Section 4103 of the Elections Code is amended to read:4103.
(a)(b)Notwithstanding subdivision (a), any vote by mail ballot cast under this chapter shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than three days after election day and either of the following is satisfied:
(1)The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day.
(2)If the ballot has no postmark, a postmark with no date, or an illegible postmark, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day.
(c)For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.