BILL NUMBER: AB 2177 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2014
INTRODUCED BY Assembly Member Brown
( Coauthors: Assembly Members
Levine, Nazarian, Pan, and
Williams )
( Coauthor: Senator
Yee Coauthors: Senators Padilla
and Yee )
FEBRUARY 20, 2014
An act to add Chapter 4 (commencing with Section 3300) to Division
3 of the Elections Code, relating to voting, and declaring
the urgency thereof, to take effect immediately voting
.
LEGISLATIVE COUNSEL'S DIGEST
AB 2177, as amended, Brown. Early voting.
Existing law establishes procedures for voters to apply for a vote
by mail ballot and use the ballot to vote in an election. Existing
law allows a jurisdiction in which vote by mail ballots are cast to
begin processing vote by mail ballots 29 days before the election.
This bill would require the Secretary of State to provide guidance
to local elections officials in performing specified tasks for the
purpose of promoting and expanding the practice of early voting, as
defined, consistent with specified statutory authority. The bill
would define "early voting" to mean voting a vote by mail ballot in
person at the office of the elections official or another location
designated by the elections official either before or on the day of
the election.
The bill would require an elections official, on at least one
Saturday and Sunday on or after the date the elections
official first delivers ballots to vote by mail voters for a
statewide election, or for any other election as determined by the
elections official based on voter demand, to allow voters to vote in
the election by means of early voting at the early voting location
designated for this purpose, provided that the location is accessible
and complies with disability access requirements under federal and
state law. The bill would permit the elections official to determine
the hours of operation for the designated early voting location or
locations for each Saturday and Sunday on which early
voting is offered, provided that each location shall be open to
voters for a minimum of 4 6 hours on
each designated Saturday and Sunday . These provisions
regarding Saturday and Sunday voting would not apply to
elections conducted wholly by mail or to precincts in which each
voter is furnished with a vote by mail ballot, as specified.
By requiring local elections officials to perform additional
duties, this bill would impose a state-mandated local program.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
This bill would become operative on January 1, 2016.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to make voting more convenient and accessible in order to
increase voter turnout at elections.
SEC. 2. Chapter 4 (commencing with Section 3300) is added to
Division 3 of the Elections Code, to read:
CHAPTER 4. EARLY VOTING
3300. For purposes of this chapter, "early voting" means voting a
vote by mail ballot in person at the office of the elections
official or another location designated by the elections official
either before or on the day of the election.
3301. For purposes of promoting and expanding the practice of
early voting consistent with the authority granted by this division,
the Secretary of State shall provide guidance to local elections
officials in accomplishing all of the following:
(a) Establishing one or more locations for early voting, which may
include the office of the local elections official.
(b) Notifying voters of the early voting location or locations.
(c) Ensuring that the early voting location or locations and the
procedures used therein comply with disability access requirements
under federal and state law.
3302. (a) On at least one Saturday and Sunday on or
after the date an elections official first delivers ballots to vote
by mail voters for a statewide election, or for any other election as
determined by the elections official based on voter demand, the
elections official shall allow voters to vote in the election by
means of early voting at an early voting location designated for this
purpose, provided that the location is accessible and complies with
disability access requirements under federal and state law. The
elections official may determine the hours of operation for the
designated early voting location or locations for each Saturday
and Sunday on which early voting is offered pursuant to this
section, provided that each location shall be open to voters for a
minimum of four six hours on each
designated Saturday and Sunday .
(b) Subdivision (a) does not apply to elections conducted wholly
by mail or to a precinct in which each voter is furnished a vote by
mail ballot pursuant to Section 3005.
SEC. 3. 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.
SEC. 4. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order for elections officials to provide voters with increased
opportunities for early voting at the earliest possible election
dates, it is necessary that this act take effect immediately.
SEC. 4. This act shall become operative on January
1, 2016.