California Legislature—2013–14 Regular Session

Assembly BillNo. 2028


Introduced by Assembly Member Mullin

(Coauthor: Senator Hill)

February 20, 2014


An act to add Section 4001.5 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2028, as introduced, Mullin. All-mailed ballot elections: counties.

Existing law authorizes a local, special, or consolidated election to be conducted as an all-mailed ballot election, so long as specified conditions are satisfied. Existing law authorizes elections in the County of Yolo to be conducted wholly by mail as a pilot program, until January 1, 2018, if specified conditions are satisfied.

This bill would authorize a special election to be conducted in a county, including a charter county or charter city and county, wholly by mail, if specified conditions are satisfied.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 4001.5 is added to the Elections Code,
2to read:

3

4001.5.  

Notwithstanding Sections 4000 and 4001 or any other
4law, a special election in a county, including a charter county or
5charter city and county, may be conducted wholly by mail if all
6of the following conditions are satisfied:

P2    1(1) The governing body of the city, county, or district, by
2resolution, authorizes the all-mailed ballot election and notifies
3the Secretary of State of its intent to conduct an all-mailed ballot
4election at least 88 days prior to the date of the election.

5(2) The election does not occur on the same date as a statewide
6primary or general election or any other election conducted in an
7overlapping jurisdiction that is not consolidated and conducted
8wholly by mail pursuant to this section.

9(3) If the area within which the voters reside who are qualified
10to vote in the election includes more than one county, the governing
11body of the county enters into an agreement with each county
12within the electoral jurisdiction to conduct the special election
13wholly by mail pursuant to this section.

14(4) (A) At least one ballot dropoff location is provided per city
15or the ballot dropoff locations are fixed in a manner so that the
16number of voters for each ballot dropoff location does not exceed
1770,000 on the 88th day prior to the day of election, whichever
18results in more dropoff locations. A ballot dropoff location shall
19be open during business hours to receive voted ballots beginning
2028 days before the date of the election and until 8 p.m. on the day
21of the election.

22(B) At least one polling place is provided per city or the polling
23places are fixed in a manner so that the number of voters for each
24polling place does not exceed 70,000 on the 88th day prior to the
25day of election, whichever results in more polling places. A polling
26place shall allow a voter to request a ballot between 7 a.m. and 8
27p.m. on the day of the election if the voter has not received their
28ballots in the mail or if the voter needs a replacement ballot for
29any other reason.

30(C) Upon the request of the city, county, or district, the elections
31official, at his or her discretion, may provide additional ballot
32dropoff locations and polling places.

33(5) The elections official delivers to each voter all supplies
34necessary for the use and return of the mail ballot, including an
35envelope for the return of the voted mail ballot with postage
36prepaid.

37(6) The elections official delivers to each voter, with either the
38sample ballot sent pursuant to Section 13303 or with the voter’s
39ballot, a list of the ballot dropoff locations and polling places
P3    1provided pursuant to paragraph (4), and also posts that list on the
2Internet Web site of the county elections office.

3(7) The return of voted mail ballots is subject to Section 3017.

4(8) (A)   The polling places provided under this section are at an
5accessible location and are equipped with voting units or systems
6that are accessible to individuals with disabilities and that provide
7the same opportunity for access and participation, including the
8ability to vote privately and independently.

9(B) A ballot dropoff location provided for under this section
10shall consist of a locked ballot box located in a secure public
11building that meets the accessibility requirements for a polling
12place.

13(9) Elections pursuant to this section may be held on no more
14than three different dates.



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