Amended in Senate June 25, 2013

Amended in Senate June 10, 2013

Amended in Senate May 13, 2013

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, and declaring the urgency thereof, to take effect immediately.

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 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 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 on which early voting is offered, provided that each location shall be open to voters for a minimum of 4 hours on each designated Saturday. These provisions regarding Saturday voting would not apply tobegin delete all-mailed ballotend delete electionsbegin insert conducted wholly by mailend insert or tobegin delete all-mailed ballotend delete precinctsbegin insert in which each voter is furnished with a vote by mail ballot, as specifiedend insert.

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.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

It 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.

4

SEC. 2.  

Chapter 4 (commencing with Section 3300) is added
5to Division 3 of the Elections Code, to read:

6 

7Chapter  4. Early Voting
8

 

9

3300.  

For purposes of this chapter, “early voting” means voting
10a vote by mail ballot in person at the office of the elections official
P3    1or another location designated by the elections official either before
2or on the day of the election.

3

3301.  

For purposes of promoting and expanding the practice
4of early voting consistent with the authority granted by this
5division, the Secretary of State shall provide guidance to local
6elections officials in accomplishing all of the following:

7(a) Establishing one or more locations for early voting, which
8may include the office of the local elections official.

9(b) Notifying voters of the early voting location or locations.

10(c) Ensuring that the early voting location or locations and the
11procedures used therein comply with disability access requirements
12under federal and state law.

13

3302.  

(a) On at least one Saturday on or after the date an
14elections official first delivers ballots to vote by mail voters for a
15statewide election, or for any other election as determined by the
16elections official based on voter demand, the elections official
17shall allow voters to vote in the election by means of early voting
18at an early voting location designated for this purpose, provided
19that the location is accessible and complies with disability access
20requirements under federal and state law. The elections official
21may determine the hours of operation for the designated early
22voting location or locations for each Saturday on which early voting
23is offered pursuant to this section, provided that each location shall
24be open to voters for a minimum of four hours on each designated
25Saturday.

26(b) Subdivision (a) does not apply tobegin delete all-mailed ballotend delete elections
27begin insert conducted wholly by mailend insert or to a precinctbegin delete that is authorized to
28conduct an election in accordance withend delete
begin insert in which each voter is
29furnished a vote by mail ballot pursuant toend insert
Section 3005.

30

SEC. 3.  

If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.

35

SEC. 4.  

This act is an urgency statute necessary for the
36immediate preservation of the public peace, health, or safety within
37the meaning of Article IV of the Constitution and shall go into
38immediate effect. The facts constituting the necessity are:

P4    1In order for elections officials to provide voters with increased
2opportunities for early voting at the earliest possible election dates,
3it is necessary that this act take effect immediately.



O

    94