BILL NUMBER: SB 443	CHAPTERED  07/19/05

	CHAPTER  86
	FILED WITH SECRETARY OF STATE  JULY 19, 2005
	APPROVED BY GOVERNOR  JULY 19, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	PASSED THE SENATE  APRIL 11, 2005

INTRODUCED BY   Committee on Elections, Reapportionment and
Constitutional Amendments (Senators Bowen (Chair), Battin, Dunn,
Murray, Poochigian, and Romero)

                        FEBRUARY 17, 2005

   An act to amend Sections 4002, 4004, 4108, and 10510 of the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 443, Committee on Elections, Reapportionment and Constitutional
Amendments  Elections.
   Existing law sets forth the procedures for declaring candidacy for
a district office, including the availability of forms and the dates
on which the declarations of candidacy are due to the county
elections official.
   This bill would prohibit a person from filing nomination papers
for more than one district office or term of office for the same
district at the same election.
   This bill would make corrections to erroneous cross-references.


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


  SECTION 1.  Section 4002 of the Elections Code is amended to read:

   4002.  Notwithstanding Section 4000, a special district may
conduct its elections by mail in accordance with Sections 1500, 4104,
4105, and 4108.
  SEC. 2.  Section 4004 of the Elections Code is amended 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 1500 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. 3.  Section 4108 of the Elections Code is amended to read:
   4108.  Notwithstanding any other provisions of law and regardless
of the number of eligible voters within its boundaries a district
may, by resolution of its governing board, conduct any election by
all-mailed ballots pursuant to Division 4 (commencing with Section
4000).
   An election conducted pursuant to this section shall be held on a
date prescribed in Section 1500 or on any other date other than an
established election date.
  SEC. 4.  Section 10510 of the Elections Code is amended to read:
   10510.  (a) Forms for declarations of candidacy for all district
offices shall be obtained from the office of the county elections
official. The county elections official may, for convenience or
necessity, authorize the district secretary to issue declarations of
candidacy. The forms shall first be available on the 113th day prior
to the general district election and shall be filed not later than 5
p.m. on the 88th day prior to the general district election in the
office of the county elections official during regular office hours
or may be filed by certified mail so that the forms reach the office
of the county election official no later than the deadline for filing
in that office. The county elections official shall record the date
of filing upon the first page of each declaration of candidacy filed
pursuant to this section. No candidate shall withdraw his or her
declaration of candidacy after 5 p.m. on the 88th day prior to the
general district election.
   (b) Notwithstanding any other provision of law, a person shall not
file nomination papers for more than one district office or term of
office for the same district at the same election.
   (c) On request of the district secretary, the county elections
official shall provide the secretary with a copy of each declaration
of candidacy filed pursuant to this section.