BILL NUMBER: AB 547 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 23, 2015
An act to amend Section 10703 of Sections
4000.5 and 4004 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 547, as amended, Gonzalez. Elections: special elections:
vacancies. all-mailed ballot elections.
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.
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.
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.
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.
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.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 . Section 4000.5
of the Elections Code is amended to read:
4000.5. (a) Notwithstanding Section 4000 or any other law, as a
pilot program, an all-mailed ballot special election or special
consolidated election in San Diego County may be conducted to fill a
vacancy in a congressional or legislative office if all of the
following apply:
(1) The congressional or legislative district lies wholly within
San Diego County.
(2)
(1) The Board of Supervisors of San Diego County, by
resolution, authorizes the use of mailed ballots for the election.
(3)
(2) The election does not occur on the same date as a
statewide direct primary election, statewide general election, or any
other election conducted in an overlapping jurisdiction that is not
consolidated and conducted wholly by mail.
(4)
(3) (A) If the boundaries of the congressional or
legislative district overlap with the boundaries of a city, at least
one ballot dropoff location is provided per city and is open during
business hours to receive voted ballots beginning not less than seven
days before the date of the election.
(B) The number of dropoff locations in unincorporated areas shall
be based on the number of unincorporated registered voters divided by
100,000 (rounded to the next whole number) with no less than one
location to be selected.
(C) A ballot dropoff location provided for under this section
shall consist of a locked ballot box located in a secure public
building that meets the accessibility requirements for a polling
place.
(5)
(4) On at least one Saturday and Sunday on or after the
date the county elections official first delivers ballots to voters,
the elections official allows any voter to vote the ballot at a
satellite location within the congressional or legislative district
pursuant to Section 3018. The elections official shall determine the
hours of operation for each Saturday and Sunday, provided that the
satellite location shall be is open to
voters for a minimum of six hours on each designated Saturday and
Sunday.
(6)
(5) (A) At least one polling place is provided per city
or the polling places are fixed in a manner so that there is one
polling place for every 10,000 registered voters within the
congressional or legislative district, as determined on the 88th day
prior to before the day of the
election, whichever results in more polling places. A polling place
shall allow a voter to request and vote a ballot between 7 a.m. and 8
p.m. on the day of the election.
(B) The polling places provided under this section shall be
established in accordance with the accessibility requirements
described in Article 5 (commencing with Section 12280) of Chapter 3
of Division 12, the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of
2002 (42 U.S.C. Sec. 15301 (52 U.S.C. Sec.
20901 et seq.), and the federal Voting Rights Act of 1965
(42 U.S.C. Sec. 1971 (52 U.S.C. Sec. 10101
et seq.), and shall, to the extent possible, ensure that access
is evenly distributed throughout the congressional or legislative
district.
(C) The polling places provided under this section shall be
established at accessible locations and shall be equipped with voting
units or systems that are accessible to individuals with
disabilities and that provide the same opportunity for access and
participation as is provided to voters who are not disabled,
including the ability to vote privately and independently in
accordance with Sections 12280 and 19240.
(D) If a polling place consolidates one or more precincts for
which the county elections official is required to recruit precinct
board members who are fluent in a language in addition to English
pursuant to subdivision (c) of Section 12303 or
the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971
(52 U.S.C. Sec. 10101 et seq.), the elections
official shall make reasonable efforts to ensure
that the polling place is staffed by precinct board members who speak
those languages.
(E) If a polling place consolidates one or more precincts for
which the county elections official is required to recruit precinct
board members who are fluent in a language in addition to English
pursuant to subdivision (c) of Section 12303, the elections official
shall make reasonable efforts to ensure that the polling place is
staffed by precinct board members who speak those languages.
(7)
(6) (A) The county elections official delivers to each
voter all supplies necessary for the use and return of the mail
ballot, including an envelope for the return of the voted mail ballot
with postage prepaid.
(B) The county elections official delivers to each voter, with
either the sample ballot sent pursuant to Section 13303 or with the
voter's ballot, all of the following:
(i) A notice, translated in all languages required under
subdivision (c) of Section 14201 and Section 203 of the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971
(52 U.S.C. Sec. 10101 et seq.), that informs voters of all
of the following:
(I) An all-mailed ballot election is being conducted and each
eligible voter will receive a ballot by mail.
(II) The voter may cast a ballot in person at a satellite location
provided for under paragraph (5) (4)
or at a polling place on election day.
(III) The voter may request the county elections official to send
a vote by mail ballot in a language other than English pursuant to
Section 203 of the federal Voting Rights Act of 1965 (42
U.S.C. Sec. 1971 (52 U.S.C. Sec. 10101 et seq.)
or a facsimile copy of the ballot printed in other languages pursuant
to Section 14201.
(ii) A list of the ballot dropoff locations, satellite locations,
and polling places established pursuant to this section. The list
shall also be posted on the Internet Web site of the county elections
official.
(iii) A postage-paid postcard that the voter may return to the
county elections official for the purpose of requesting a vote by
mail ballot in a language other than English.
(8)
(7) (A) The county elections official submits to the
Secretary of State a voter education and outreach plan to be
implemented by the county for any election conducted pursuant to this
section. The voter education and outreach plan shall include, but
shall not be limited to, all of the following:
(i) One education and outreach meeting that shall include
representatives, advocates, and other stakeholders representing each
community for which the county is required to provide voting
materials and assistance in other languages under subdivision (c) of
Section 14201 and the federal Voting Rights Act of 1965 (42
U.S.C. Sec. 1971 (52 U.S.C. Sec. 10101 et seq.).
(ii) One education and outreach meeting that shall include
representatives from community organizations and individuals that
advocate on behalf of, or provide services to, individuals with
disabilities.
(iii) At least one in-person bilingual voter education
program workshop for each language in
which the county is required to provide voting materials and
assistance under subdivision (c) of Section 14201 and the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971
(52 U.S.C. Sec. 10101 et seq.).
(iv) At least one in-person voter education
program workshop to increase accessibility for
participation of eligible voters with disabilities.
(v) A toll-free voter assistance hotline maintained by the county
elections official that shall be operational no later than the date
that vote by mail ballots are mailed to voters until 5 p.m. on the
day after the special election. The toll-free voter assistance
hotline shall provide assistance to voters in all languages in which
the county is required to provide voting materials and assistance
under subdivision (c) of Section 14201 and the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 (52 U.S.C.
Sec. 10101 et seq.).
(vi) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
English-speaking citizens for purposes of informing voters of the
upcoming election and promoting the toll-free voter assistance
hotline.
(vii) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
non-English-speaking citizens for each language in which the county
is required to provide voting materials and assistance under
subdivision (c) of Section 14201 and the federal Voting Rights Act of
1965 (42 U.S.C. Sec. 1971 (52 U.S.C. Sec.
10101 et seq.) for purposes of informing voters of the upcoming
election and promoting the toll-free voter assistance hotline.
(viii) A voter education social media strategy that is developed
in partnership with community organizations and individuals that
advocate on behalf of, or provide services to, non-English-speaking
individuals and individuals with disabilities.
(B) The voter education and outreach plan shall be posted on the
Internet Web site of the Secretary of State and on the Internet Web
site of the county elections official.
(b) Except as otherwise provided in this section, the election day
procedures shall be conducted in accordance with Division 14
(commencing with Section 14000).
(c) The county elections official may provide, at his or her
discretion, additional ballot dropoff locations and polling places
for purposes of this section.
(d) The return of voted mail ballots is subject to Sections 3017
and 3020.
(e) (1) If the county conducts a special election pursuant to this
section, it may process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope and updating voter history
records.
(2) If the county conducts a special election pursuant to this
section, it may start to process vote by mail ballots on the 10th
business day before the election. Processing vote by mail ballots
includes opening vote by mail ballot return envelopes, removing
ballots, duplicating any damaged ballots, and preparing the ballots
to be machine read, or machine reading them, but under no
circumstances shall a vote count be accessed or released until 8 p.m.
on the day of the election.
(f) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.
(g) For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the county elections official shall divide the jurisdiction
into precincts pursuant to Article 2 (commencing with Section 12220)
of Chapter 3 of Division 12 and shall prepare a statement of the
results of the election in accordance with Sections 15373 and 15374.
(h) The county elections official shall compile an index, list, or
file of all persons who voted in an election conducted pursuant to
this section. If the elections official uses data-processing
equipment to compile the index, list, or file, he or she shall retain
an accurate copy of that index, list, or file in electronic format
for a period of 10 years.
(i) (1) If an election is conducted pursuant to this section, San
Diego County shall report to the Legislature and to the Secretary of
State regarding the success of the election, including, but not
limited to, any statistics on the cost to conduct the
election; the turnout of different populations, including, but not
limited to and to the extent possible, the population categories of
race, ethnicity, language preference, age, gender, disability,
permanent vote by mail status, and political party affiliation as it
relates to the languages required under the federal Voting Rights Act
of 1965; the number of ballots that were not counted and the reasons
they were rejected; voter fraud; and any other problems that became
known to the county during the election or canvass.
all of the following:
(A) Any statistics on the cost to conduct the election.
(B) The turnout of different populations, including, but not
limited to and to the extent possible, the population categories of
race, ethnicity, language preference, age, gender, disability,
permanent vote by mail status, and political party preference.
(C) The number of ballots that were not counted and the reasons
they were rejected.
(D) Voter fraud.
(E) Any other problems that become known to the county during the
election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph
(1), the report shall compare the election conducted pursuant to this
section to similar elections not conducted pursuant to this section
in the same jurisdiction or comparable jurisdictions.
(3) Within six months after the date of the election or
prior to before the date of a subsequent
election conducted pursuant to this section, whichever is sooner, San
Diego County shall do all of the following with respect to the
report required by this subdivision:
(A) Submit the report to the Legislature in compliance with
Section 9795 of the Government Code.
(B) Submit the report to the Secretary of State.
(C) Post the report on the Internet Web site of the county
elections official.
(j) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2 . Section 4004 of the
Elections Code is amended to read:
4004. (a) "Small city" means a city with a population of
100,000 or less, as determined by the annual city total population
rankings by the Demographic Research Unit of the Department of
Finance.
(b)
(a) "Eligible entity" means a school district
or a city, county, city and county, school district,
or special district.
(c)
(b) Notwithstanding Sections 1500 and 4000, an election
in a small city or an eligible entity may be
conducted wholly as an all-mail all-mailed
ballot election, subject to the following conditions:
(1) The legislative body of the small city or
the governing body of the eligible entity, by
resolution, authorizes the use of mailed ballots for the election.
(2) The election is a special election to fill a vacancy
in the legislative body or governing body. either of
the following:
(A) A special election to fill a vacancy in the legislative body
or governing body.
(B) A special election conducted pursuant to Chapter 2 (commencing
with Section 9100), Chapter 3 (commencing with Section 9200), or
Chapter 4 (commencing with Section 9300) of Division 9.
(3) The election is not held on the same date as a statewide
primary or general election , or any other election conducted in
an overlapping jurisdiction that is not consolidated and conducted
wholly by mail .
(4) The election is not consolidated with any other election.
(5) The return of voted mail ballots is subject to Section 3017.
(4) (A) If the boundaries of the jurisdiction of the eligible
entity overlap with the boundaries of a city, at least one ballot
dropoff location is provided per city and is open during business
hours to receive voted ballots beginning not less than seven days
before the date of the election.
(B) The number of dropoff locations in unincorporated areas shall
be based on the number of unincorporated registered voters divided by
100,000 (rounded to the next whole number) with no less than one
location to be selected.
(C) A ballot dropoff location provided for under this section
shall consist of a locked ballot box located in a secure public
building that meets the accessibility requirements for a polling
place.
(5) On at least one Saturday and Sunday on or after the date the
elections official first delivers ballots to voters, the elections
official allows any voter to vote the ballot at a satellite location
within the jurisdiction of the eligible entity pursuant to Section
3018. The elections official shall determine the hours of operation
for each Saturday and Sunday, provided that the satellite location is
open to voters for a minimum of six hours on each designated
Saturday and Sunday.
(6) (A) At least one polling place is provided per eligible entity
or the polling places are fixed in a manner so that there is one
polling place for every 10,000 registered voters within the
jurisdiction of the eligible entity, as determined on the 88th day
before the day of the election, whichever results in more polling
places. A polling place shall allow a voter to request and vote a
ballot between 7 a.m. and 8 p.m. on the day of the election.
(B) The polling places provided under this section shall be
established in accordance with the accessibility requirements
described in Article 5 (commencing with Section 12280) of Chapter 3
of Division 12, the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of
2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights
Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent
possible, ensure that access is evenly distributed throughout the
eligible entity.
(C) The polling places provided under this section shall be
established at accessible locations and shall be equipped with voting
units or systems that are accessible to individuals with
disabilities and that provide the same opportunity for access and
participation as is provided to voters who are not disabled,
including the ability to vote privately and independently in
accordance with Sections 12280 and 19240.
(D) If a polling place consolidates one or more precincts for
which the elections official is required to recruit precinct board
members who are fluent in a language in addition to English pursuant
to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et
seq.), the elections official shall ensure that the polling place is
staffed by precinct board members who speak those languages.
(E) If a polling place consolidates one or more precincts for
which the elections official is required to recruit precinct board
members who are fluent in a language in addition to English pursuant
to subdivision (c) of Section 12303, the elections official shall
make reasonable efforts to ensure that the polling place is staffed
by precinct board members who speak those languages.
(7) (A) The elections official delivers to each voter all supplies
necessary for the use and return of the mail ballot, including an
envelope for the return of the voted mail ballot with postage
prepaid.
(B) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter's
ballot, all of the following:
(i) A notice, translated in all languages required under
subdivision (c) of Section 14201 and Section 203 of the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
informs voters of all of the following:
(I) An all-mailed ballot election is being conducted and each
eligible voter will receive a ballot by mail.
(II) The voter may cast a ballot in person at a satellite location
provided for under paragraph (5) or at a polling place on election
day.
(III) The voter may request the elections official to send a vote
by mail ballot in a language other than English pursuant to Section
203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et
seq.) or a facsimile copy of the ballot printed in other languages
pursuant to Section 14201.
(ii) A list of the ballot dropoff locations, satellite locations,
and polling places established pursuant to this section. The list
shall also be posted on the Internet Web site of the elections
official.
(iii) A postage-paid postcard that the voter may return to the
elections official for the purpose of requesting a vote by mail
ballot in a language other than English.
(8) (A) The elections official submits to the Secretary of State a
voter education and outreach plan to be implemented by the eligible
entity for any election conducted pursuant to this section. The voter
education and outreach plan shall include, but shall not be limited
to, all of the following:
(i) One education and outreach meeting that shall include
representatives, advocates, and other stakeholders representing each
community for which the eligible entity is required to provide voting
materials and assistance in other languages under subdivision (c) of
Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C.
Sec. 10101 et seq.).
(ii) One education and outreach meeting that shall include
representatives from community organizations and individuals that
advocate on behalf of, or provide services to, individuals with
disabilities.
(iii) At least one in-person bilingual voter education workshop
for each language in which the eligible entity is required to provide
voting materials and assistance under subdivision (c) of Section
14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
et seq.).
(iv) At least one in-person voter education workshop to increase
accessibility for participation of eligible voters with disabilities.
(v) A toll-free voter assistance hotline maintained by the
elections official that shall be operational no later than the date
that vote by mail ballots are mailed to voters until 5 p.m. on the
day after the special election. The toll-free voter assistance
hotline shall provide assistance to voters in all languages in which
the city or district is required to provide voting materials and
assistance under subdivision (c) of Section 14201 and the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(vi) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
English-speaking citizens for purposes of informing voters of the
upcoming election and promoting the toll-free voter assistance
hotline.
(vii) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
non-English-speaking citizens for each language in which the city or
district is required to provide voting materials and assistance under
subdivision (c) of Section 14201 and the federal Voting Rights Act
of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing
voters of the upcoming election and promoting the toll-free voter
assistance hotline.
(viii) A voter education social media strategy that is developed
in partnership with community organizations and individuals that
advocate on behalf of, or provide services to, non-English-speaking
individuals and individuals with disabilities.
(B) The voter education and outreach plan shall be posted on the
Internet Web site of the Secretary of State and on the Internet Web
site of the elections official.
(c) Except as otherwise provided in this section, the election day
procedures shall be conducted in accordance with Division 14
(commencing with Section 14000).
(d) The elections official may provide, at his or her discretion,
additional ballot dropoff locations and polling places for purposes
of this section.
(e) The return of voted mail ballots is subject to Sections 3017
and 3020.
(f) (1) If the eligible entity conducts a special election
pursuant to this section, it may process vote by mail ballot return
envelopes beginning 29 days before the election. Processing vote by
mail ballot return envelopes may include verifying the voter's
signature on the vote by mail ballot return envelope and updating
voter history records.
(2) If the eligible entity conducts a special election pursuant to
this section, it may start to process vote by mail ballots on the
10th business day before the election. Processing vote by mail
ballots includes opening vote by mail ballot return envelopes,
removing ballots, duplicating any damaged ballots, and preparing the
ballots to be machine read, or machine reading them, but under no
circumstances shall a vote count be accessed or released until 8 p.m.
on the day of the election.
(g) Results of a vote by mail ballot tabulation or count shall not
be released before the close of the polls on the day of the
election.
(h) For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the elections official shall divide the jurisdiction into
precincts pursuant to Article
2 (commencing with Section 12220) of Chapter 3 of
Division 12 and shall prepare a statement of the results of the
election in accordance with Sections 15373 and 15374.
(i) The elections official shall compile an index, list, or file
of all persons who voted in an election conducted pursuant to this
section. If the elections official uses data-processing equipment to
compile the index, list, or file, he or she shall retain an accurate
copy of that index, list, or file in electronic format for a period
of 10 years.
SECTION 1. Section 10703 of the Elections Code
is amended to read:
10703. (a) A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the Assembly
shall be conducted on a Tuesday at least 126 days, but not more than
140 days, following the issuance of an election proclamation by the
Governor pursuant to Section 1773 of the Government Code, except that
the special election may be conducted within 180 days following the
Governor's proclamation in order that the election or the primary
election may be consolidated with the next regularly scheduled
statewide election or local election occurring wholly or partially
within the same territory in which the vacancy exists, provided that
the voters eligible to vote in the local election comprise at least
50 percent of all the voters eligible to vote on the vacancy.
(b) Except as provided in Chapter 3 (commencing with Section
10730), a special election or a primary election may not be conducted
on the day after a state holiday.
(c) (1) A special election described in this section may be
conducted as an all-mailed ballot election pursuant to Section
4000.5.
(2) This subdivision shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.