BILL NUMBER: AB 1544	CHAPTERED  09/17/03

	CHAPTER  401
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  JUNE 23, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 21, 2003

   An act to add Section 4004 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1544, Simitian.  Elections.
   Under existing law, local, special, and consolidated elections may
be conducted wholly by mail if the local agency's governing board so
authorizes, the election is not on the same date as a statewide
direct primary or general election, and one of certain other
situations is satisfied.  One of these situations is that the
election be one in which there are no more than 1,000 registered,
eligible voters.
   This bill would permit a small city with a population of 100,000
or less, and an eligible entity, as defined, to conduct an election
therein wholly by all-mail ballot, subject to certain conditions,
including that the election is a special election to fill a vacancy
in the legislative body of the small city or the governing board of
the eligible entity, and that the election is not consolidated with
any other election.  Because this bill would increase the duties of
local elections officials, it would create 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 the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions.


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


  SECTION 1.  Section 4004 is added to the Elections Code, to read:
   4004.  (a) "Small city" means a city with a population of 100,000
or less, as determined by the annual city total population rankings
by the Demographic Research Unit of the Department of Finance.
   (b) "Eligible entity" means a school district or a special
district.
   (c) Notwithstanding Sections 1502 and 4000, an election in a small
city or an eligible entity may be conducted wholly as an all-mail
ballot election, subject to the following conditions:
   (1) The legislative body of the small city or the governing body
of the eligible entity, by resolution, authorizes the use of mailed
ballots for the election.
   (2) The election is a special election to fill a vacancy in the
legislative body or governing body.
   (3) The election is not held on the same date as a statewide
primary or general election.
   (4) The election is not consolidated with any other election.
   (5) The return of voted mail ballots is subject to Section 3017.
  SEC. 2.  Pursuant to Section 17579 of the Government Code, the
Legislature finds that there is no mandate contained in this act that
will result in costs incurred by a local agency or school district
for a new program or higher level of service which require
reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution and Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.