BILL NUMBER: AB 1873 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Members Gonzalez and Mullin
FEBRUARY 19, 2014
An act to amend Section 10703 of, and to add and repeal
Section 4000.5 to, of, the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1873, as amended, Gonzalez. Mail
Special mail ballot elections : San Diego County .
Existing law provides for the calling of a special election to
fill a congressional or legislative vacancy. Under existing law, the
governing body of a local agency is authorized to conduct a local,
special, or consolidated election wholly by mail under specified
conditions.
This bill would, until January 1, 2020, authorize a board
of supervisors of a county San Diego County to
conduct a , as a pilot program, an all-mailed
ballot special election or special consolidated election to
fill a congressional or legislative vacancy wholly by mail
under specified conditions. The bill would also authorize
any jurisdiction conducting a special election wholly by
mail the county to process vote by mail ballot
return envelopes beginning 29 days before the election, and would
authorize any jurisdiction in possession of the necessary
computer capability the county to process vote
by mail ballots on the 10th business day before the election, as
specified.
The bill would express the intent of the Legislature that voter
education and outreach efforts be conducted in order to assist voters
accustomed to voting at the polls if an all-mailed ballot election
is conducted, as specified. The bill would require the county to
submit a report to the Legislature and to the Secretary of State that
includes specified statistics related to any all-mailed ballot
election conducted under the pilot program, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Diego.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature hereby finds and declares all of the following:
(1) While the number of voters in California casting ballots by
mail continues to increase, all-mailed ballot elections are not an
appropriate method to conduct regularly scheduled elections as
significant numbers of voters continue to vote at polling places.
(2) The unique voting behavior and demographics of San Diego
County relative to the rest of the state enable San Diego County to
conduct elections primarily by vote by mail ballot, as follows:
(A) The mean percentage of voters within San Diego County casting
vote by mail ballots is equal to or greater than the statewide mean
percentage of voters casting vote by mail ballots.
(B) The majority of all ballots cast within San Diego County are
vote by mail ballots.
(C) The mean percentage of vote by mail ballots cast but not
counted within San Diego County does not exceed the statewide mean
percentage of vote by mail ballots cast but not counted.
(D) In San Diego County, the percentage of vote by mail ballots
cast by members of a protected class is equal to or greater than the
percentage of votes cast by members of a protected class at polling
places for any specified election. For purposes of this act,
"protected class" means voters who are members of a racial or
language minority group, as referenced and defined in the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(E) In San Diego County, the percentage of vote by mail ballots
cast for special elections represents more than 50 percent of all
ballots cast.
(F) Over 50 percent of all eligible registered voters in San Diego
County are permanent vote by mail voters.
(b) Accordingly, it is the intent of the Legislature in enacting
this act for a specified period to achieve all of the following:
(1) Ample voter education and outreach efforts shall be conducted
to assist voters accustomed to voting at the polls to vote using vote
by mail ballots.
(2) Voter education and outreach shall be provided in English and
in every language in which a ballot is required to be made available
pursuant to the Elections Code and the federal Voting Rights Act of
1965, and shall include the steps an elections official is required
to take to ensure that voter education and outreach is conducted in
those languages.
(3) In preparation for a special election pursuant to this act,
San Diego County shall consult with communities with
limited-English-proficient persons and historically lower voter
turnout, in addition to nonprofit community-based organizations
including, but not limited to, organizations that work with and
advocate on behalf of people with disabilities.
SECTION 1. SEC. 2. Section 4000.5 is
added to the Elections Code, to read:
4000.5. (a) Notwithstanding Section 4000 or any other law,
a as a pilot program, an all-mailed ballot
special election or special consolidated election in San
Diego County may be conducted wholly by mail
to fill a vacancy in a congressional or legislative office if all of
the following apply:
(1) The congressional or legislative district lies wholly within
San Diego County.
(1)
(2) The board of supervisors of each county
that lies in whole or in part within the congressional or legislative
district Board of Supervisors of San Diego County
, by resolution, authorizes the use of mailed ballots for the
election.
(2)
(3) The election does not occur on the same date as a
statewide direct primary election, statewide general election, or any
other election conducted in an overlapping jurisdiction that is not
consolidated and conducted wholly by mail pursuant to this
section .
(3)
(4) (A) At If the
boundaries of the congressional or legislative district overlap with
the boundaries of a city, at least one ballot dropoff location
is provided per city and is open during business hours to receive
voted ballots beginning not less than seven days before the date of
the election.
(B) The number of dropoff locations in unincorporated areas shall
be based on the number of unincorporated registered voters divided by
100,000 (rounded to the next whole number) with no less than one
location to be selected.
(C) A ballot dropoff location provided for under this section
shall consist of a locked ballot box located in a secure public
building that meets the accessibility requirements for a polling
place.
(C)
(5) On at least one Saturday and Sunday on or after the
date an the county elections official
first delivers ballots to voters, the elections official
shall allow allows any voter to vote the ballot
at a satellite location within the congressional or legislative
district pursuant to Section 3018. The elections official shall
determine the hours of operation for each Saturday and Sunday,
provided that the satellite location shall be open to voters for a
minimum of six hours on each designated Saturday and Sunday.
(D)
(6) (A) At least one polling
place is provided per city or the polling places are fixed in a
manner so that there is one polling place for every 10,000 registered
voters within the congressional or legislative district, as
determined on the 88th day prior to the day of the election,
whichever results in more polling places. A polling place shall allow
a voter to request and vote a ballot between 7 a.m. and 8 p.m. on
the day of the election.
(E)
(B) The polling places provided under this section
shall be established in accordance with the accessibility
requirements described in Article 5 (commencing with Section 12280)
of Chapter 3 of Division 12 , the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.),
and in the federal Voting Rights Act of 1965 (42
U.S.C. Sec. 1971 et seq.), and shall be , to
the extent possible, ensure that access is evenly
distributed throughout the congressional or legislative district.
(F) Precinct boards shall be appointed and established in
accordance with Article 1 (commencing with Section 12300) of Chapter
4 of Division 12.
(G) Except as otherwise provided in this section, the election day
procedures shall be conducted in accordance with Division 14
(commencing with Section 14000).
(H) The elections official may provide, at his or her discretion,
additional ballot dropoff locations and polling places.
(4)
(C) The polling places provided under this section shall be
established at accessible locations and shall be equipped with voting
units or systems that are accessible to individuals with
disabilities and that provide the same opportunity for access and
participation as is provided to voters who are not disabled,
including the ability to vote privately and independently in
accordance with Sections 12280 and 19240.
(D) If a polling place consolidates one or more precincts for
which the county elections official is required to recruit precinct
board members who are fluent in a language in addition to English
pursuant to subdivision (c) of Section 12303 or the federal Voting
Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.), the elections
official shall make reasonable efforts to ensure that the polling
place is staffed by precinct board members who speak those languages.
(7) (A) The county
elections official delivers to each voter all supplies necessary for
the use and return of the mail ballot, including an envelope for the
return of the voted mail ballot with postage prepaid.
(5)
(B) The county elections official delivers
to each voter, with either the sample ballot sent pursuant to Section
13303 or with the voter's ballot, all of the following:
(A)
(i) A notice informing voters that the
election is being conducted wholly by mail and that each eligible
voter will receive a ballot by mail. , translated in
all languages required under subdivision (c) of Section 14201 and
Section 203 of the federal Voting Rights Act of 1965 (42 U.S.C. Sec.
1971 et seq.), that informs voters of all of the
following:
(I) An all-mailed ballot election is being conducted and each
eligible voter will receive a ballot by mail.
(II) The voter may cast a ballot in person at a satellite location
provided for under paragraph (5) or at a polling place on election
day.
(III) The voter may request the county elections official to send
a vote by mail ballot in a language other than English pursuant to
Section 203 of the federal Voting Rights Act of 1965 (42 U.S.C. Sec.
1971 et seq.) or a facsimile copy of the ballot printed in other
languages pursuant to Section 14201.
(B)
(ii) A list of the ballot dropoff locations ,
satellite locations, and polling places established pursuant to
paragraph (3). this section. The list
shall also be posted on the Internet Web site of the county elections
official.
(C)
(iii) A statement informing voters that the
voting materials, including the official ballot and the facsimile
ballot, are available in all languages required by subdivision (c) of
Section 14201 or the federal Voting Rights Act of 1965 (42 U.S.C.
Sec. 1971 et seq.). postage-paid postcard that the
voter may return to the county elections official for the purpose of
requesting a vote by mail ballot in a language other than
English.
(b) If the congressional or legislative district includes more
than one county, the board of supervisors of every county within the
district shall enter into an agreement to conduct the special
election wholly by mail pursuant to this section.
(c)
(8) (A) The county elections official submits to the Secretary of
State a voter education and outreach plan to be implemented by the
county for any election conducted pursuant to this section. The voter
education and outreach plan shall include, but shall not be limited
to, all of the following:
(i) One education and outreach meeting that shall include
representatives, advocates, and other stakeholders representing each
community for which the county is required to provide voting
materials and assistance in other languages under subdivision (c) of
Section 14201 and the federal Voting Rights Act of 1965 (42 U.S.C.
Sec. 1971 et seq.).
(ii) One education and outreach meeting that shall include
representatives from community organizations and individuals that
advocate on behalf of, or provide services to, individuals with
disabilities.
(iii) At least one bilingual voter education program for each
language in which the county is required to provide voting materials
and assistance under subdivision (c) of Section 14201 and the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(iv) At least one voter education program to increase
accessibility for participation of eligible voters with disabilities.
(v) A toll-free voter assistance hotline maintained by the county
elections official that shall be operational no later than the date
that vote by mail ballots are mailed to voters until 5 p.m. on the
day after the special election. The toll-free voter assistance
hotline shall provide assistance to voters in all languages in which
the county is required to provide voting materials and assistance
under subdivision (c) of Section 14201 and the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(vi) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
English-speaking citizens for purposes of informing voters of the
upcoming election and promoting the toll-free voter assistance
hotline.
(vii) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
non-English-speaking citizens for each language in which the county
is required to provide voting materials and assistance under
subdivision (c) of Section 14201 and the federal Voting Rights Act of
1965 (42 U.S.C. Sec. 1971 et seq.) for purposes of informing voters
of the upcoming election and promoting the toll-free voter assistance
hotline.
(viii) A voter education social media strategy that is developed
in partnership with community organizations and individuals that
advocate on behalf of, or provide services to, non-English-speaking
individuals and individuals with disabilities.
(B) The voter education and outreach plan shall be posted on the
Internet Web site of the Secretary of State and on the Internet Web
site of the county elections official.
(b) Except as otherwise provided in this section, the election day
procedures shall be conducted in accordance with Division 14
(commencing with Section 14000).
(c) The county elections official may provide, at his or her
discretion, additional ballot dropoff locations and polling places
for purposes of this section.
(d) The return of voted mail ballots is subject to
subdivision (d) and Section Sections
3017 and 3020 .
(d) (1) All vote by mail ballots cast under this section shall be
received by the elections official from whom they were obtained or by
the precinct board no later than the close of the polls on election
day.
(2) Notwithstanding paragraph (1), any vote by mail ballot cast
under this section shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:
(A) The ballot is postmarked on or before election day or is time
stamped or date stamped by a bona fide private mail delivery company
on or before election day.
(B) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, the vote by mail ballot identification envelope
is signed and dated pursuant to Section 3011 on or before election
day.
(e) (1) Any jurisdiction conducting a special election
under this section If the county conducts a special
election pursuant to this section, it may process vote by mail
ballot return envelopes beginning 29 days before the election.
Processing vote by mail ballot return envelopes may include verifying
the voter's signature on the vote by mail ballot return envelope and
updating voter history records.
(2) Any jurisdiction conducting a special election under
this section and in possession of the necessary computer capability
If the county conducts a special election pursuant to
this section, it may start to process vote by mail ballots on
the 10th business day before the election. Processing vote by mail
ballots includes opening vote by mail 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 shall a vote count be accessed or released until 8 p.m.
on the day of the election. All other jurisdictions shall
start to process vote by mail ballots at 5 p.m. on the day before the
election.
(f) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.
(g) For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the county elections official shall divide the jurisdiction
into precincts pursuant to Article 2 (commencing with Section 12220)
of Chapter 3 of Division 12 and shall prepare a statement of the
results of the election in accordance with Sections 15373 and 15374.
(h) The county elections official shall compile an index, list, or
file of all persons who voted in an election conducted pursuant to
this section. If the elections official uses data-processing
equipment to compile the index, list, or file, he or she shall retain
an accurate copy of that index, list, or file in electronic format
for a period of 10 years.
(i) (1) If an election is conducted pursuant to this section, San
Diego County shall report to the Legislature and to the Secretary of
State regarding the success of the election, including, but not
limited to, any statistics on the cost to conduct the election; the
turnout of different populations, including, but not limited to and
to the extent possible, the population categories of race, ethnicity,
language preference, age, gender, disability, permanent vote by mail
status, and political party affiliation as it relates to the
languages required under the federal Voting Rights Act of 1965; the
number of ballots that were not counted and the reasons they were
rejected; voter fraud; and any other problems that became known to
the county during the election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph
(1), the report shall compare the election conducted pursuant to this
section to similar elections not conducted pursuant to this section
in the same jurisdiction or comparable jurisdictions.
(3) Within six months after the date of the election or prior to
the date of a subsequent election conducted pursuant to this section,
whichever is sooner, San Diego County shall do all of the following
with respect to the report required by this subdivision:
(A) Submit the report to the Legislature in compliance with
Section 9795 of the Government Code.
(B) Submit the report to the Secretary of State.
(C) Post the report on the Internet Web site of the county
elections official.
(g)
( j) This section shall remain in effect
only until January 1, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2020,
deletes or extends that date.
SEC. 2. SEC. 3. 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 the Assembly
shall be conducted on a Tuesday at least 126 days, but not more than
140 days, following the issuance of an election proclamation by the
Governor pursuant to Section 1773 of the Government Code, except that
the 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.
(c) (1) A special election described in this section may be
conducted wholly by mail as an all-mailed
ballot election pursuant to Section 4000.5.
(2) This subdivision shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 4. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the voting behavior, demographic
characteristics, and unique special election experiences of San Diego
County. It is the intent of the Legislature that the provisions of
this act serve as a pilot program for future special elections.