Amended in Senate April 25, 2013

Amended in Senate April 11, 2013

Senate BillNo. 637


Introduced by Senator Yee

February 22, 2013


An act to add Chapter 4 (commencing with Section 3300) to Division 3 of the Elections Code, relating to voting.

LEGISLATIVE COUNSEL’S DIGEST

SB 637, as amended, Yee. 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 assist local elections officials inbegin insert performing specified tasks for the purpose ofend insert 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 the Secretary of State to report to the Legislature by January 1, 2015, regarding the assistance provided to local elections officials pursuant to the bill and the results achieved by local elections officials in promoting and expanding the practice of early voting. This reporting requirement would become inoperative on January 1, 2018.

begin insert

The bill would require a local elections official, on a Saturday occurring at least 14 calendar days prior to an election administered by the elections official, to allow voters to vote by means of early voting at a location that is convenient, accessible, and complies with disability access requirements under federal and state law.

end insert
begin insert

By requiring local elections officials to perform additional duties, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature in enacting this
2act to make voting more convenient and accessible in order to
3increase voter turnout at elections.end insert

4

begin deleteSECTION 1.end delete
5begin insertSEC. 2.end insert  

Chapter 4 (commencing with Section 3300) is added
6to Division 3 of the Elections Code, to read:

7 

8Chapter  4. Early Voting.
9

 

10

3300.  

For purposes of this chapter, “early voting” means voting
11a vote by mail ballot in person at the office of the elections official
12or another location designated by the elections official either before
13or on the day of the election.

14

3301.  

(a) begin deleteThe Secretary of State shall assist local elections
15officials in end delete
begin insertFor purposes of end insertpromoting and expanding the practice
16of early voting consistent with the authority granted by this
17divisionbegin delete. In providing assistance to local elections officials pursuant
18to this sectionend delete
, the Secretary of State shallbegin delete considerend deletebegin insert assist local
19elections officials in accomplishingend insert
all of the following:

20(1) begin deleteThe feasibility of establishing end deletebegin insertEstablishing multiple end insertlocations
21begin insert for early voting,end insert in addition tobegin delete county registrar’s offices for early
22votingend delete
begin insert the offices of local elections officialsend insert.

begin insert

P3    1(2) Notifying voters of early voting locations in all ballot
2materials sent to voters and through the use of other promotional
3materials and methods.

end insert
begin delete

4(2) Practices used in other states to provide for voting before
5the day of the election.

end delete

6(3) Ensuring that early voting locations and procedures comply
7with disability access requirements under federal and state law.

begin insert

8(b) In assisting local elections officials pursuant to subdivision
9(a), the Secretary of State shall consider practices used in other
10states to provide for voting before the day of the election.

end insert
begin delete

11(b)

end delete

12begin insert(c)end insertbegin insert(1)end insertbegin insertend insert The Secretary of State shall report to the Legislature
13by January 1, 2015, regarding the assistance provided to local
14elections officials pursuant to this section and the results achieved
15by local elections officials in promoting and expanding the practice
16of early voting.

begin delete

17(1)

end delete

18begin insert(2)end insert The report required bybegin delete this subdivisionend deletebegin insert paragraph (1)end insert shall
19be submitted in compliance with Section 9795 of the Government
20Code.

begin delete

21(2)

end delete

22begin insert(3)end insert Pursuant to Section 10231.5 of the Government Code, this
23subdivision shall become inoperative on January 1, 2018.

begin insert
24

begin insert3302.end insert  

On a Saturday occurring at least 14 calendar days prior
25to an election administered by a local elections official, the
26elections official shall allow voters to vote by means of early voting
27at a location that is convenient, accessible, and complies with
28disability access requirements under federal and state law.

end insert
29begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.

end insert


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