BILL NUMBER: AB 1412	CHAPTERED
	BILL TEXT

	CHAPTER  118
	FILED WITH SECRETARY OF STATE  JULY 25, 2011
	APPROVED BY GOVERNOR  JULY 25, 2011
	PASSED THE SENATE  JULY 1, 2011
	PASSED THE ASSEMBLY  MAY 12, 2011

INTRODUCED BY   Committee on Elections and Redistricting (Fong
(Chair), Logue (Vice Chair), Bonilla, Hall, Mendoza, Swanson, and
Valadao)

                        MARCH 14, 2011

   An act to amend Sections 302 and 10405.7 of the Elections Code, to
amend Section 12172.5 of the Government Code, and to amend Sections
11507 and 24507 of the Public Utilities Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1412, Committee on Elections and Redistricting. Vote by mail.
   Existing law governing elections defines the term "ballot card" as
meaning a card or a number of cards upon which are printed, or
identified by reference to the ballot, the names of candidates for
nomination or election to one or more offices or the ballot titles of
one or more measures. Existing law requires that the governing board
of a community college district submit to the board of supervisors a
resolution calling for an election prior to the date of the
scheduled election for the governing board members of the community
college district. Existing law authorizes voters to vote by mail if
certain conditions are shown to be met by application to the
elections official having jurisdiction over the election. Existing
law provides the procedures for vote by mail voting, as specified.
   This bill would make nonsubstantive changes to these provisions.


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

  SECTION 1.  Section 302 of the Elections Code is amended to read:
   302.  "Ballot card" means a card or a number of cards upon which
are printed, or identified by reference to the ballot, the names of
candidates for nomination or election to one or more offices or the
ballot titles of one or more measures. The ballot card shall also
contain proper blank spaces to allow the voter to write in names not
printed on the ballot unless a separate write-in ballot is used. The
separate write-in ballot may be a paper ballot, a card, or the
envelope used to enclose a ballot card. Determination of the format
of a separate write-in ballot shall be within the discretion of the
elections board. The separate write-in ballot shall provide a blank
space followed by the word "office" and a second blank space followed
by the word "name" for purposes of facilitating write-in votes for
offices for which write-in votes may be cast, or may provide a space
for writing in the name followed by a space for punching or slotting
in order that the vote may be tabulated. All separate write-in
ballots may, in the discretion of the elections board, have attached
thereto two stubs that comply with Section 13261 regarding the stubs
attached to a ballot card, except that the information required under
subparagraphs (C) to (G), inclusive, of paragraph (2) of subdivision
(b) of Section 13261 and instructions to voters on how to vote for
persons whose names do not appear on the ballot may be printed on the
write-in ballot and not upon a stub. Any serial numbers appearing on
the write-in ballot stubs need not be identical to the serial
numbers appearing on the stubs attached to the ballot card or cards
handed to the voter. Sections 13002 to 13006, inclusive, shall not
apply to the preparation and composition of separate write-in ballots
authorized by this section. Sections 14403 and 14404 shall not apply
to separate write-in ballots used in an election in which a
punchcard voting system is used.
  SEC. 2.  Section 10405.7 of the Elections Code is amended to read:
   10405.7.  (a) The resolution of the community college district
governing board to establish an election day pursuant to subdivision
(b) of Section 1302 shall be adopted and submitted to the board of
supervisors not later than 240 days prior to the date of the
currently scheduled election for the governing board members of the
community college district.
   (b) The final date for the submission of the resolution by the
community college district governing board to the board of
supervisors is not subject to waiver.
   (c) The board of supervisors shall notify all community college
districts located in the county of the receipt of the resolution to
consolidate and shall request input from each district on the effect
of consolidation.
   (d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may each obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
   (2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
   (e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the community
college district.
   (f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000 of the Education Code. As used in this subdivision, "12
months" means the period from the election day prescribed in Section
5000 of the Education Code to the first Tuesday after the first
Monday in the 12th month subsequent to that day, inclusive.
   (g) If, pursuant to subdivision (b) of Section 1302, a district
governing board member election is held on the same day as a
statewide general election, those district governing board members
whose four-year terms of office would have, prior to the adoption of
the resolution, expired prior to that election shall, instead,
continue in their offices until successors are elected and qualified.

  SEC. 3.  Section 12172.5 of the Government Code is amended to read:

   12172.5.  The Secretary of State is the chief elections officer of
the state, and shall administer the provisions of the Elections
Code. The Secretary of State shall see that elections are efficiently
conducted and that state election laws are enforced. The Secretary
of State may require elections officers to make reports concerning
elections in their jurisdictions.
   If, at any time, the Secretary of State concludes that state
election laws are not being enforced, the Secretary of State shall
call the violation to the attention of the district attorney of the
county or to the Attorney General. In these instances, the Secretary
of State may assist the county elections officer in discharging his
or her duties.
   In order to determine whether an elections law violation has
occurred the Secretary of State may examine voted, unvoted, spoiled
and canceled ballots, vote-counting computer programs, vote by mail
ballot envelopes and applications, and supplies referred to in
Section 14432 of the Elections Code. The Secretary of State may also
examine any other records of elections officials as he or she finds
necessary in making his or her determination, subject to the
restrictions set forth in Section 6253.5.
   The Secretary of State may adopt regulations to assure the uniform
application and administration of state election laws.
  SEC. 4.  Section 11507 of the Public Utilities Code is amended to
read:
   11507.  "Percent of the total vote cast," when used with reference
to the requirements of any petition or nomination paper, means
percent of the total vote cast, exclusive of vote by mail ballots,
within the proposed district, district, proposed special district,
special district, or territory proposed to be annexed to a district,
as the case may be at the last statewide general election.
  SEC. 5.  Section 24507 of the Public Utilities Code is amended to
read:
   24507.  "Percent of the total vote cast," when used with reference
to the requirements of any petition or nomination paper, means
percent of the total vote cast, exclusive of vote by mail ballots,
within the proposed district, district, city or territory, as the
case may be at the last statewide general election.