BILL NUMBER: SB 1276	CHAPTERED  09/20/06

	CHAPTER  372
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE ASSEMBLY  AUGUST 17, 2006
	PASSED THE SENATE  MAY 11, 2006
	AMENDED IN SENATE  APRIL 17, 2006
	AMENDED IN SENATE  MARCH 30, 2006

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

                        FEBRUARY 10, 2006

   An act to amend Sections 10703 and 15101 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1276, Committee on Elections, Reapportionment and
Constitutional Amendments  Omnibus elections bill.
   (1) Existing law requires that a special election shall be
conducted to fill a vacancy in the office of Representative in
Congress, State Senator, or Assembly Member on a Tuesday at least 112
days, but not more than 119 days, following the issuance of an
election proclamation by the Governor, except as specified.
   This bill would extend the time period for holding a special
election from at least 112 days to no more than 126 days following
the issuance of an election proclamation by the Governor.
   (2) Existing law specifies the procedures for processing absentee
ballot return envelopes during the 29-day period before any election
and authorizes any jurisdiction having the necessary computer
capability to start processing absentee ballots on the 7th day prior
to the election.
   This bill would revise this authorization to apply to the 7th
business day prior to the election.


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


  SECTION 1.  Section 10703 of the Elections Code is amended to read:

   10703.  (a) A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of Assembly
shall be conducted on a Tuesday at least 112 days, but not more than
126 days, following the issuance of an election proclamation by the
Governor pursuant to Section 1773 of the Government Code, except that
any special election may be conducted within 180 days following the
proclamation in order that the election or the primary election may
be consolidated with the next regularly scheduled statewide election
or local election occurring wholly or partially within the same
territory in which the vacancy exists, provided that the voters
eligible to vote in the local election comprise at least 50 percent
of all the voters eligible to vote on the vacancy.
   (b) Except as provided in Chapter 3 (commencing with Section
10730), a special election or a primary election may not be conducted
on the day after a state holiday.
  SEC. 2.  Section 15101 of the Elections Code is amended to read:
   15101.  (a) Any jurisdiction in which absentee ballots are cast
may begin to process absentee ballot return envelopes beginning 29
days before the election. Processing absentee ballot return envelopes
may include verifying the voter's signature on the absentee ballot
return envelope and updating voter history records.
   (b) Any jurisdiction having the necessary computer capability may
start to process absentee ballots on the seventh business day prior
to the election. Processing absentee ballots includes opening
absentee ballot return envelopes, removing ballots, duplicating any
damaged ballots, and preparing the ballots to be machine read, or
machine reading them, but under no circumstances may a vote count be
accessed or released until 8 p.m. on the day of the election. All
other jurisdictions shall start to process absentee ballots at 5 p.m.
on the day before the election.
   (c) Results of any absentee ballot tabulation or count shall not
be released prior to the close of the polls on the day of the
election.