BILL NUMBER: AB 1757 CHAPTERED 09/06/05 CHAPTER 201 FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2005 APPROVED BY GOVERNOR SEPTEMBER 6, 2005 PASSED THE ASSEMBLY AUGUST 18, 2005 PASSED THE SENATE AUGUST 15, 2005 AMENDED IN SENATE JUNE 21, 2005 AMENDED IN ASSEMBLY APRIL 21, 2005 INTRODUCED BY Committee on Elections and Redistricting (Umberg (Chair), Klehs, Leno, and Levine) MARCH 15, 2005 An act to amend Sections 12105, 12106, 12107, and 12108 of, and to add Section 12105.5 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1757, Committee on Elections and Redistricting Elections: precinct board members. Existing law requires the local elections official to publish, not less than one week before the election, a list of polling places designated for each election precinct, followed by a list of precinct board members appointed. This bill would instead require the elections official, not less than one week before the election, to post a list of all current polling places in each precinct and a list of precinct board members appointed by the 15th day before the election and, not later than 28 days after the election, to post a list of precinct board members who actually served on election day. The bill would require the elections official to post these lists at his or her office and on his or her official Web site, to divide and distribute these lists for posting at the City Clerk's office, as specified, and to keep, archive, and make available these lists, as specified. By increasing the duties of local elections officials, this bill would impose a state-mandated local program. The bill would also make conforming changes. 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12105 of the Elections Code is amended to read: 12105. (a) The elections official shall, not less than one week before the election, publish the list of the polling places designated for each election precinct. (b) Publication shall be pursuant to Section 6061 of the Government Code in the jurisdiction where the election is to be held and in any newspaper of general circulation designated by the elections official. If there is no newspaper of general circulation published and circulated in the jurisdiction, the list shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places within the city. SEC. 2. Section 12105.5 is added to the Elections Code, to read: 12105.5. (a) Not less than one week before the election, the elections official shall post a list of all current polling places in each precinct and a list of precinct board members appointed by the 15th day before the election. Not later than 28 days after the election, the elections official shall post an updated list of the precinct board members who actually served on election day. The election official shall post these lists in his or her office and on his or her official Web site, if any. (b) In each jurisdiction in which he or she determines that the public interest, convenience, and necessity requires the local posting of polling places and precinct board members, the elections official shall divide and distribute the lists for posting in any City Clerk's office within the jurisdiction having the election. (c) Each list required by this section shall remain posted for 30 days after completion of the canvass, shall then be archived by the elections official, and shall remain available for public inspection as long as election materials are required to be retained. Copies shall be made available upon request for a price not to exceed the cost of reproduction and mailing. SEC. 3. Section 12106 of the Elections Code is amended to read: 12106. (a) The elections official shall publish, as provided in this section and Section 12105, the list of polling places designated for each election precinct in each jurisdiction where the elections official determines that the public interest, convenience, and necessity require the local publication of the list to afford adequate notice of this subject to the electorate. (b) After making a determination pursuant to subdivision (a), the elections official shall divide and distribute the list of polling places and cause the same to be published at least one week before the election in newspapers of general circulation published in different places in the jurisdiction. (c) Divisions of the list of polling places may be published in that daily newspaper of general circulation published or circulated in one or more cities in the county, with the exception of the county seat, that is determined will give to the electorate in each city adequate notice of the election. If there is no daily newspaper, publication may be made in a semiweekly newspaper, a biweekly newspaper, or a weekly newspaper of general circulation that is determined will give the electorate in the city adequate notice of the election. (d) The list of polling places designated for various portions of the unincorporated area of the county and of the county seat may be published in those daily, semiweekly, biweekly, or weekly newspapers of general circulation published or circulated within the various portions of the unincorporated area and the county seat, deemed by the county elections official to be those newspapers that will give adequate notice of the election to the voters of the respective portions of the unincorporated area and the county seat. SEC. 4. Section 12107 of the Elections Code is amended to read: 12107. (a) The elections official shall let the contracts for publication, pursuant to Section 12106, of the list of polling places designated for each election precinct, and shall determine the rate to be paid for the publication of the list or any portion of the list. (b) The publication rate shall be based on a common denominator of measurement for all newspapers and may be graduated according to circulation. Contracts for the publication shall include the publication of the proper portion of the list of polling places and all other items relating to that portion required by law to be published. SEC. 5. Section 12108 of the Elections Code is amended to read: 12108. In any case where this chapter requires the posting or distribution of a list of the names of precinct board members, or a portion of the list, the officers charged with the duty of posting shall ascertain the name of the political party, if any, with which each precinct board member is affiliated, as shown in the affidavit of registration of that person. When the list is posted or distributed, there shall be printed the name of the board member's party or an abbreviation of the name to the right of the name, or immediately below the name, of each precinct board member. If a precinct board member is not affiliated with a political party, the words "No party," "Nonpartisan," or "Decline to state" shall be printed in place of the party name. SEC. 6. 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.