Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 547


Introduced by Assembly Member Gonzalez

February 23, 2015


An act to amendbegin delete Section 10703 ofend deletebegin insert Sections 4000.5 and 4004 ofend insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 547, as amended, Gonzalez. Elections: special elections:begin delete vacancies.end deletebegin insert all-mailed ballot elections.end insert

begin insert

Existing law authorizes, until January 1, 2020, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. If such an election is conducted, existing law requires San Diego County to report certain information to the Legislature and the Secretary of State regarding the success of the election.

end insert
begin insert

This bill would repeal the condition that the congressional or legislative district lie wholly within San Diego County. The bill would also require certain voter education workshops to be conducted in-person.

end insert
begin insert

Existing law authorizes cities with a population of less than 100,000 persons, school districts, and special districts to conduct an all-mailed ballot special election to fill a vacancy on the legislative or governing body of those entities under specified conditions.

end insert
begin insert

This bill would authorize all cities, regardless of population size, counties, and cities and counties, to also conduct an all-mailed ballot special election to fill a vacancy on the legislative or governing body of those entities under the same conditions. The bill would authorize all-mailed ballot special elections to be held for county initiatives, city initiatives, and district initiatives conducted pursuant to specified provisions. The bill would make all of these types of special elections subject to the same conditions that apply to the San Diego County pilot program, as specified, except that the entity conducting the special election would not be required to report certain information to the Legislature and the Secretary of State regarding the success of the election.

end insert
begin delete

Existing law provides for the calling of a special election to fill a congressional or legislative vacancy. Existing law requires that the special election occur within a specified number of days, not to exceed 180 days, following the issuance of a proclamation by the Governor.

end delete
begin delete

This bill would make a technical, nonsubstantive change to these provisions.

end delete

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

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

P2    1begin insert

begin insertSECTION end insertbegin insert1end insertbegin insert.end insert  

end insert

begin insertSection 4000.5 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

4000.5.  

(a) Notwithstanding Section 4000 or any other law,
4as a pilot program, an all-mailed ballot special election or special
5consolidated election in San Diego County may be conducted to
6fill a vacancy in a congressional or legislative office if all of the
7following apply:

begin delete

8(1) The congressional or legislative district lies wholly within
9San Diego County.

end delete
begin delete

10(2)

end delete

11begin insert(1)end insert The Board of Supervisors of San Diego County, by
12resolution, authorizes the use of mailed ballots for the election.

begin delete

13(3)

end delete

14begin insert(2)end insert The election does not occur on the same date as a statewide
15direct primary election, statewide general election, or any other
16election conducted in an overlapping jurisdiction that is not
17consolidated and conducted wholly by mail.

begin delete

18(4)

end delete

19begin insert(3)end insert (A) If the boundaries of the congressional or legislative
20district overlap with the boundaries of a city, at least one ballot
P3    1dropoff location is provided per city and is open during business
2hours to receive voted ballots beginning not less than seven days
3before the date of the election.

4(B) The number of dropoff locations in unincorporated areas
5shall be based on the number of unincorporated registered voters
6divided by 100,000 (rounded to the next whole number) with no
7less than one location to be selected.

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

begin delete

12(5)

end delete

13begin insert(4)end insert On at least one Saturday and Sunday on or after the date the
14county elections official first delivers ballots to voters, the elections
15official allows any voter to vote the ballot at a satellite location
16within the congressional or legislative district pursuant to Section
173018. The elections official shall determine the hours of operation
18for each Saturday and Sunday, provided that the satellite location
19begin delete shall beend deletebegin insert isend insert open to voters for a minimum of six hours on each
20designated Saturday and Sunday.

begin delete

21(6)

end delete

22begin insert(5)end insert (A) At least one polling place is provided per city or the
23polling places are fixed in a manner so that there is one polling
24place for every 10,000 registered voters within the congressional
25or legislative district, as determined on the 88th daybegin delete prior toend deletebegin insert beforeend insert
26 the day of the election, whichever results in more polling places.
27A polling place shall allow a voter to request and vote a ballot
28between 7 a.m. and 8 p.m. on the day of the election.

29(B) The polling places provided under this section shall be
30established in accordance with the accessibility requirements
31 described in Article 5 (commencing with Section 12280) of Chapter
323 of Division 12, the federal Americans with Disabilities Act of
331990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
34Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end deletebegin insert (52 U.S.C. Sec. 20901end insert et
35seq.), and the federal Voting Rights Act of 1965begin delete (42 U.S.C. Sec.
361971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.), and shall, to the extent
37possible, ensure that access is evenly distributed throughout the
38congressional or legislative district.

39(C) The polling places provided under this section shall be
40established at accessible locations and shall be equipped with
P4    1voting units or systems that are accessible to individuals with
2disabilities and that provide the same opportunity for access and
3participation as is provided to voters who are not disabled,
4including the ability to vote privately and independently in
5accordance with Sections 12280 and 19240.

6(D) If a polling place consolidates one or more precincts for
7which the county elections official is required to recruit precinct
8board members who are fluent in a language in addition to English
9pursuant to begin delete subdivision (c) of Section 12303 orend delete the federal Voting
10Rights Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert
11 et seq.), the elections official shallbegin delete make reasonable efforts toend delete
12 ensure that the polling place is staffed by precinct board members
13who speak those languages.

begin insert

14(E) If a polling place consolidates one or more precincts for
15which the county elections official is required to recruit precinct
16board members who are fluent in a language in addition to English
17pursuant to subdivision (c) of Section 12303, the elections official
18shall make reasonable efforts to ensure that the polling place is
19 staffed by precinct board members who speak those languages.

end insert
begin delete

20(7)

end delete

21begin insert(6)end insert (A) The county elections official delivers to each voter all
22supplies necessary for the use and return of the mail ballot,
23including an envelope for the return of the voted mail ballot with
24postage prepaid.

25(B) The county elections official delivers to each voter, with
26either the sample ballot sent pursuant to Section 13303 or with the
27voter’s ballot, all of the following:

28(i) A notice, translated in all languages required under
29 subdivision (c) of Section 14201 and Section 203 of the federal
30Voting Rights Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec.
3110101end insert
et seq.), that informs voters of all of the following:

32(I) An all-mailed ballot election is being conducted and each
33eligible voter will receive a ballot by mail.

34(II) The voter may cast a ballot in person at a satellite location
35provided for under paragraphbegin delete (5)end deletebegin insert (4)end insert or at a polling place on
36election day.

37(III) The voter may request the county elections official to send
38a vote by mail ballot in a language other than English pursuant to
39Section 203 of the federal Voting Rights Act of 1965begin delete (42 U.S.C.
P5    1Sec. 1971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.) or a facsimile copy of
2the ballot printed in other languages pursuant to Section 14201.

3(ii) A list of the ballot dropoff locations, satellite locations, and
4polling places established pursuant to this section. The list shall
5also be posted on the Internet Web site of the county elections
6official.

7(iii) A postage-paid postcard that the voter may return to the
8county elections official for the purpose of requesting a vote by
9mail ballot in a language other than English.

begin delete

10(8)

end delete

11begin insert(7)end insert (A) The county elections official submits to the Secretary
12of State a voter education and outreach plan to be implemented
13by the county for any election conducted pursuant to this section.
14The voter education and outreach plan shall include, but shall not
15be limited to, all of the following:

16(i) One education and outreach meeting that shall include
17representatives, advocates, and other stakeholders representing
18each community for which the county is required to provide voting
19materials and assistance in other languages under subdivision (c)
20of Section 14201 and the federal Voting Rights Act of 1965begin delete (42
21U.S.C. Sec. 1971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.).

22(ii) One education and outreach meeting that shall include
23representatives from community organizations and individuals
24that advocate on behalf of, or provide services to, individuals with
25disabilities.

26(iii) At least onebegin insert in-personend insert bilingual voter educationbegin delete programend delete
27begin insert workshopend insert for each language in which the county is required to
28provide voting materials and assistance under subdivision (c) of
29Section 14201 and the federal Voting Rights Act of 1965begin delete (42
30U.S.C. Sec. 1971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.).

31(iv) At least onebegin insert in-personend insert voter educationbegin delete programend deletebegin insert workshopend insert
32 to increase accessibility for participation of eligible voters with
33disabilities.

34(v) A toll-free voter assistance hotline maintained by the county
35elections official that shall be operational no later than the date
36that vote by mail ballots are mailed to voters until 5 p.m. on the
37day after the special election. The toll-free voter assistance hotline
38shall provide assistance to voters in all languages in which the
39county is required to provide voting materials and assistance under
P6    1subdivision (c) of Section 14201 and the federal Voting Rights
2Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert et seq.).

3(vi) At least one public service announcement in the media,
4including newspapers, radio, and television, that serve
5English-speaking citizens for purposes of informing voters of the
6upcoming election and promoting the toll-free voter assistance
7hotline.

8(vii) At least one public service announcement in the media,
9including newspapers, radio, and television, that serve
10non-English-speaking citizens for each language in which the
11county is required to provide voting materials and assistance under
12subdivision (c) of Section 14201 and the federal Voting Rights
13Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert et seq.)
14for purposes of informing voters of the upcoming election and
15promoting the toll-free voter assistance hotline.

16(viii) A voter education social media strategy that is developed
17in partnership with community organizations and individuals that
18advocate on behalf of, or provide services to, non-English-speaking
19individuals and individuals with disabilities.

20(B) The voter education and outreach plan shall be posted on
21the Internet Web site of the Secretary of State and on the Internet
22Web site of the county elections official.

23(b) Except as otherwise provided in this section, the election
24day procedures shall be conducted in accordance with Division
2514 (commencing with Section 14000).

26(c) The county elections official may provide, at his or her
27discretion, additional ballot dropoff locations and polling places
28for purposes of this section.

29(d) The return of voted mail ballots is subject to Sections 3017
30and 3020.

31(e) (1) If the county conducts a special election pursuant to this
32section, it may process vote by mail ballot return envelopes
33beginning 29 days before the election. Processing vote by mail
34ballot return envelopes may include verifying the voter’s signature
35on the vote by mail ballot return envelope and updating voter
36history records.

37(2) If the county conducts a special election pursuant to this
38section, it may start to process vote by mail ballots on the 10th
39business day before the election. Processing vote by mail ballots
40includes opening vote by mail ballot return envelopes, removing
P7    1ballots, duplicating any damaged ballots, and preparing the ballots
2to be machine read, or machine reading them, but under no
3circumstances shall a vote count be accessed or released until 8
4p.m. on the day of the election.

5(f) Results of any vote by mail ballot tabulation or count shall
6not be released before the close of the polls on the day of the
7election.

8(g) For the sole purpose of reporting the results of an election
9conducted pursuant to this section, upon completion of the ballot
10count, the county elections official shall divide the jurisdiction
11into precincts pursuant to Article 2 (commencing with Section
1212220) of Chapter 3 of Division 12 and shall prepare a statement
13of the results of the election in accordance with Sections 15373
14and 15374.

15(h) The county elections official shall compile an index, list, or
16file of all persons who voted in an election conducted pursuant to
17this section. If the elections official uses data-processing equipment
18to compile the index, list, or file, he or she shall retain an accurate
19copy of that index, list, or file in electronic format for a period of
2010 years.

21(i) (1) If an election is conducted pursuant to this section, San
22Diego County shall report to the Legislature and to the Secretary
23of State regarding the success of the election, including, but not
24limited to, begin delete any statistics on the cost to conduct the election; the
25turnout of different populations, including, but not limited to and
26to the extent possible, the population categories of race, ethnicity,
27language preference, age, gender, disability, permanent vote by
28mail status, and political party affiliation as it relates to the
29languages required under the federal Voting Rights Act of 1965;
30the number of ballots that were not counted and the reasons they
31were rejected; voter fraud; and any other problems that became
32known to the county during the election or canvass.end delete
begin insert all of the
33following:end insert

begin insert

34(A) Any statistics on the cost to conduct the election.

end insert
begin insert

35(B) The turnout of different populations, including, but not
36limited to and to the extent possible, the population categories of
37race, ethnicity, language preference, age, gender, disability,
38permanent vote by mail status, and political party preference.

end insert
begin insert

39(C) The number of ballots that were not counted and the reasons
40they were rejected.

end insert
begin insert

P8    1(D) Voter fraud.

end insert
begin insert

2(E) Any other problems that become known to the county during
3the election or canvass.

end insert

4(2) Whenever possible, using the criteria set forth in paragraph
5(1), the report shall compare the election conducted pursuant to
6this section to similar elections not conducted pursuant to this
7section in the same jurisdiction or comparable jurisdictions.

8(3) Within six months after the date of the election orbegin delete prior toend delete
9begin insert beforeend insert the date of a subsequent election conducted pursuant to this
10section, whichever is sooner, San Diego County shall do all of the
11following with respect to the report required by this subdivision:

12(A) Submit the report to the Legislature in compliance with
13Section 9795 of the Government Code.

14(B) Submit the report to the Secretary of State.

15(C) Post the report on the Internet Web site of the county
16elections official.

17(j) This section shall remain in effect only until January 1, 2020,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2020, deletes or extends that date.

20begin insert

begin insertSEC. 2end insertbegin insert.end insert  

end insert

begin insertSection 4004 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

21

4004.  

begin delete

(a) “Small city” means a city with a population of
22100,000 or less, as determined by the annual city total population
23rankings by the Demographic Research Unit of the Department of
24Finance.

end delete
begin delete

25(b)

end delete

26begin insert(a)end insert “Eligible entity” means abegin delete school district or aend deletebegin insert city, county,
27city and county, school district, orend insert
special district.

begin delete

28(c)

end delete

29begin insert(b)end insert Notwithstanding Sections 1500 and 4000, an election inbegin delete a
30small city orend delete
an eligible entity may be conducted wholly as an
31begin delete all-mailend deletebegin insert all-mailedend insert ballot election, subject to the following
32conditions:

33(1) The legislative bodybegin delete of the small cityend delete orbegin delete theend delete governing body
34of the eligible entity, by resolution, authorizes the use of mailed
35ballots for the election.

36(2) The election isbegin delete a special election to fill a vacancy in the
37legislative body or governing body.end delete
begin insert either of the following:end insert

begin insert

38(A) A special election to fill a vacancy in the legislative body
39or governing body.

end insert
begin insert

P9    1(B) A special election conducted pursuant to Chapter 2
2 (commencing with Section 9100), Chapter 3 (commencing with
3Section 9200), or Chapter 4 (commencing with Section 9300) of
4Division 9.

end insert

5(3) The election is not held on the same date as a statewide
6primary or general electionbegin insert, or any other election conducted in an
7overlapping jurisdiction that is not consolidated and conducted
8wholly by mailend insert
.

begin delete

9(4) The election is not consolidated with any other election.

end delete
begin delete

10(5) The return of voted mail ballots is subject to Section 3017.

end delete
begin insert

11(4) (A) If the boundaries of the jurisdiction of the eligible entity
12overlap with the boundaries of a city, at least one ballot dropoff
13location is provided per city and is open during business hours to
14receive voted ballots beginning not less than seven days before
15the date of the election.

end insert
begin insert

16(B) The number of dropoff locations in unincorporated areas
17shall be based on the number of unincorporated registered voters
18divided by 100,000 (rounded to the next whole number) with no
19less than one location to be selected.

end insert
begin insert

20(C) A ballot dropoff location provided for under this section
21shall consist of a locked ballot box located in a secure public
22building that meets the accessibility requirements for a polling
23place.

end insert
begin insert

24(5) On at least one Saturday and Sunday on or after the date
25the elections official first delivers ballots to voters, the elections
26official allows any voter to vote the ballot at a satellite location
27within the jurisdiction of the eligible entity pursuant to Section
283018. The elections official shall determine the hours of operation
29for each Saturday and Sunday, provided that the satellite location
30is open to voters for a minimum of six hours on each designated
31Saturday and Sunday.

end insert
begin insert

32(6) (A)   At least one polling place is provided per eligible entity
33or the polling places are fixed in a manner so that there is one
34polling place for every 10,000 registered voters within the
35jurisdiction of the eligible entity, as determined on the 88th day
36before the day of the election, whichever results in more polling
37places. A polling place shall allow a voter to request and vote a
38ballot between 7 a.m. and 8 p.m. on the day of the election.

end insert
begin insert

39(B) The polling places provided under this section shall be
40established in accordance with the accessibility requirements
P10   1described in Article 5 (commencing with Section 12280) of Chapter
23 of Division 12, the federal Americans with Disabilities Act of
31990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
4Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
5Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall,
6to the extent possible, ensure that access is evenly distributed
7throughout the eligible entity.

end insert
begin insert

8(C) The polling places provided under this section shall be
9established at accessible locations and shall be equipped with
10voting units or systems that are accessible to individuals with
11disabilities and that provide the same opportunity for access and
12participation as is provided to voters who are not disabled,
13including the ability to vote privately and independently in
14accordance with Sections 12280 and 19240.

end insert
begin insert

15(D) If a polling place consolidates one or more precincts for
16which the elections official is required to recruit precinct board
17members who are fluent in a language in addition to English
18pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
1910101 et seq.), the elections official shall ensure that the polling
20place is staffed by precinct board members who speak those
21languages.

end insert
begin insert

22(E) If a polling place consolidates one or more precincts for
23which the elections official is required to recruit precinct board
24members who are fluent in a language in addition to English
25pursuant to subdivision (c) of Section 12303, the elections official
26shall make reasonable efforts to ensure that the polling place is
27staffed by precinct board members who speak those languages.

end insert
begin insert

28(7) (A)   The elections official delivers to each voter all supplies
29necessary for the use and return of the mail ballot, including an
30envelope for the return of the voted mail ballot with postage
31prepaid.

end insert
begin insert

32(B) The elections official delivers to each voter, with either the
33sample ballot sent pursuant to Section 13303 or with the voter’s
34ballot, all of the following:

end insert
begin insert

35(i) A notice, translated in all languages required under
36subdivision (c) of Section 14201 and Section 203 of the federal
37Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
38informs voters of all of the following:

end insert
begin insert

39(I) An all-mailed ballot election is being conducted and each
40eligible voter will receive a ballot by mail.

end insert
begin insert

P11   1(II) The voter may cast a ballot in person at a satellite location
2provided for under paragraph (5) or at a polling place on election
3day.

end insert
begin insert

4(III) The voter may request the elections official to send a vote
5by mail ballot in a language other than English pursuant to Section
6203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
7et seq.) or a facsimile copy of the ballot printed in other languages
8pursuant to Section 14201.

end insert
begin insert

9(ii) A list of the ballot dropoff locations, satellite locations, and
10polling places established pursuant to this section. The list shall
11also be posted on the Internet Web site of the elections official.

end insert
begin insert

12(iii) A postage-paid postcard that the voter may return to the
13elections official for the purpose of requesting a vote by mail ballot
14in a language other than English.

end insert
begin insert

15(8) (A)   The elections official submits to the Secretary of State
16 a voter education and outreach plan to be implemented by the
17eligible entity for any election conducted pursuant to this section.
18The voter education and outreach plan shall include, but shall not
19be limited to, all of the following:

end insert
begin insert

20(i) One education and outreach meeting that shall include
21representatives, advocates, and other stakeholders representing
22each community for which the eligible entity is required to provide
23voting materials and assistance in other languages under
24subdivision (c) of Section 14201 and the federal Voting Rights Act
25of 1965 (52 U.S.C. Sec. 10101 et seq.).

end insert
begin insert

26(ii) One education and outreach meeting that shall include
27representatives from community organizations and individuals
28that advocate on behalf of, or provide services to, individuals with
29disabilities.

end insert
begin insert

30(iii) At least one in-person bilingual voter education workshop
31for each language in which the eligible entity is required to provide
32voting materials and assistance under subdivision (c) of Section
3314201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
3410101 et seq.).

end insert
begin insert

35(iv) At least one in-person voter education workshop to increase
36accessibility for participation of eligible voters with disabilities.

end insert
begin insert

37(v) A toll-free voter assistance hotline maintained by the
38elections official that shall be operational no later than the date
39that vote by mail ballots are mailed to voters until 5 p.m. on the
40day after the special election. The toll-free voter assistance hotline
P12   1shall provide assistance to voters in all languages in which the
2city or district is required to provide voting materials and
3assistance under subdivision (c) of Section 14201 and the federal
4Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

end insert
begin insert

5(vi) At least one public service announcement in the media,
6including newspapers, radio, and television, that serve
7English-speaking citizens for purposes of informing voters of the
8upcoming election and promoting the toll-free voter assistance
9hotline.

end insert
begin insert

10(vii) At least one public service announcement in the media,
11including newspapers, radio, and television, that serve
12non-English-speaking citizens for each language in which the city
13or district is required to provide voting materials and assistance
14under subdivision (c) of Section 14201 and the federal Voting
15Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
16informing voters of the upcoming election and promoting the
17toll-free voter assistance hotline.

end insert
begin insert

18(viii) A voter education social media strategy that is developed
19in partnership with community organizations and individuals that
20advocate on behalf of, or provide services to, non-English-speaking
21individuals and individuals with disabilities.

end insert
begin insert

22(B) The voter education and outreach plan shall be posted on
23the Internet Web site of the Secretary of State and on the Internet
24Web site of the elections official.

end insert
begin insert

25(c) Except as otherwise provided in this section, the election
26day procedures shall be conducted in accordance with Division
2714 (commencing with Section 14000).

end insert
begin insert

28(d) The elections official may provide, at his or her discretion,
29additional ballot dropoff locations and polling places for purposes
30of this section.

end insert
begin insert

31(e) The return of voted mail ballots is subject to Sections 3017
32and 3020.

end insert
begin insert

33(f) (1)   If the eligible entity conducts a special election pursuant
34to this section, it may process vote by mail ballot return envelopes
35beginning 29 days before the election. Processing vote by mail
36ballot return envelopes may include verifying the voter’s signature
37on the vote by mail ballot return envelope and updating voter
38history records.

end insert
begin insert

39(2) If the eligible entity conducts a special election pursuant to
40this section, it may start to process vote by mail ballots on the 10th
P13   1business day before the election. Processing vote by mail ballots
2includes opening vote by mail ballot return envelopes, removing
3ballots, duplicating any damaged ballots, and preparing the ballots
4to be machine read, or machine reading them, but under no
5circumstances shall a vote count be accessed or released until 8
6p.m. on the day of the election.

end insert
begin insert

7(g) Results of a vote by mail ballot tabulation or count shall not
8be released before the close of the polls on the day of the election.

end insert
begin insert

9(h) For the sole purpose of reporting the results of an election
10conducted pursuant to this section, upon completion of the ballot
11count, the elections official shall divide the jurisdiction into
12precincts pursuant to Article 2 (commencing with Section 12220)
13of Chapter 3 of Division 12 and shall prepare a statement of the
14results of the election in accordance with Sections 15373 and
1515374.

end insert
begin insert

16(i) The elections official shall compile an index, list, or file of
17all persons who voted in an election conducted pursuant to this
18section. If the elections official uses data-processing equipment
19to compile the index, list, or file, he or she shall retain an accurate
20copy of that index, list, or file in electronic format for a period of
2110 years.

end insert
begin delete
22

SECTION 1.  

Section 10703 of the Elections Code is amended
23to read:

24

10703.  

(a) A special election to fill a vacancy in the office of
25Representative in Congress, State Senator, or Member of the
26Assembly shall be conducted on a Tuesday at least 126 days, but
27not more than 140 days, following the issuance of an election
28proclamation by the Governor pursuant to Section 1773 of the
29Government Code, except that the special election may be
30conducted within 180 days following the Governor’s proclamation
31in order that the election or the primary election may be
32consolidated with the next regularly scheduled statewide election
33or local election occurring wholly or partially within the same
34territory in which the vacancy exists, provided that the voters
35eligible to vote in the local election comprise at least 50 percent
36of all the voters eligible to vote on the vacancy.

37(b) Except as provided in Chapter 3 (commencing with Section
3810730), a special election or a primary election may not be
39conducted on the day after a state holiday.

P14   1(c) (1) A special election described in this section may be
2conducted as an all-mailed ballot election pursuant to Section
34000.5.

4(2) This subdivision shall remain in effect only until January 1,
52020, and as of that date is repealed, unless a later enacted statute,
6that is enacted before January 1, 2020, deletes or extends that date.

end delete


O

    98