Amended in Assembly April 29, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 547

Introduced by Assembly Member Gonzalez

February 23, 2015

An act to amend Sections 4000.5 and 4004 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 547, as amended, Gonzalez. Elections: special elections: 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 begin insert until January 1, 2021, would authorize San Diego County, or any city, school district, community college district, special district, or other district or political subdivision whose boundaries are located wholly or in part within San Diego County, to conduct an all-mailed ballot special election or special consolidated election to fill a vacancy on the legislative or governing body of those entities. The bill would authorize those entities to also hold an all-mailed ballot special election for county initiatives, city initiatives, district initiatives, bond issues, and school measures conducted pursuant to specified provisions. The bill would extend the pilot program for San Diego County until January 1, 2021, and end insert would repeal the condition begin delete that end delete begin insert that, for a special election to fill a vacancy in a congressional or legislative office, end insert 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 begin delete 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 end delete begin insert those entities to also hold end insert all-mailed ballot special elections begin delete to be held for county initiatives, city initiatives, end delete begin insert for city initiatives end insert and district initiatives conducted pursuant to specified provisions. begin delete 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 delete

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 begin delete to
fill a vacancy in a congressional or legislative office if all of the
following apply: end delete begin insert by an eligible entity if the special election or
special consolidated election is any of the following: end insert

begin insert

(1) A special election to fill a vacancy in a congressional or
legislative office.

end insert begin insert

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

end insert begin insert

(3) A special election conducted pursuant to Chapter 2
(commencing with Section 9100), Chapter 3 (commencing with
Section 9200), Chapter 4 (commencing with Section 9300), Chapter
5 (commencing with Section 9400), or Chapter 6 (commencing
with Section 9500) of Division 9.

end insert begin insert

(b) A special election or special consolidated election described
in paragraphs (1) to (3), inclusive, of subdivision (a), may be
conducted wholly as an all-mailed ballot election if all of the
following apply:

end insert

(1)  begin delete The end delete begin insert (A) end insert begin insert   end insert begin insert For a special election to fill a vacancy in a
congressional or legislative office, the end insert Board of Supervisors of
San Diego County, by resolution, authorizes the use of mailed
ballots for the election.

begin insert

(B) For all other special elections the legislative body or
governing body of the eligible entity, by resolution, authorizes the
use of mailed ballots for the election.

end insert

(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.

(3) (A) If the boundaries of the begin delete congressional or legislative
district end delete begin insert jurisdiction of the eligible entity end insert 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.

(4) On at least one Saturday and Sunday on or after the date the
begin delete county end delete elections official first delivers ballots to voters, the elections
official allows any voter to vote the ballot at a satellite location
within the begin delete congressional or legislative district end delete begin insert jurisdiction of the
eligible entity end insert 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.

(5) (A) At least one polling place is provided per begin delete city end delete begin insert eligible
entity end insert or the polling places are fixed in a manner so that there is
one polling place for every 10,000 registered voters within the
begin delete congressional or legislative district, end delete begin insert jurisdiction of the eligible
entity, end insert 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 begin delete congressional or legislative district. end delete begin insert jurisdiction of
the eligible entity. end insert

(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 begin delete county end delete 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 begin delete county end delete 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.

(6) (A) The begin delete county end delete 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 begin delete county end delete 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 (4) or at a polling place on election
day.

(III) The voter may request the begin delete county end delete 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 begin delete county end delete elections
official.

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

(7) (A) The begin delete county end delete elections official submits to the Secretary
of State a voter education and outreach plan to be implemented
by the begin delete county end delete begin insert eligible entity end insert 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 begin delete county end delete begin insert eligible entity end insert 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 begin delete county end delete begin insert eligible entity end insert 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 begin delete county end delete
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
begin delete county end delete begin insert eligible entity end insert 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
begin delete county end delete begin insert eligible entity end insert 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 begin delete county end delete elections official.

begin delete

(b)

end delete

begin insert (c) end insert  Except as otherwise provided in this section, the election
day procedures shall be conducted in accordance with Division
14 (commencing with Section 14000).

begin delete

(c)

end delete

begin insert (d) end insert  The begin delete county end delete elections official may provide, at his or her
discretion, additional ballot dropoff locations and polling places
for purposes of this section.

begin delete

(d)

end delete

begin insert (e) end insert  The return of voted mail ballots is subject to Sections 3017
and 3020.

begin delete

(e)

end delete

begin insert (f) end insert  (1) If the begin delete county end delete begin insert eligible entity end insert 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 begin delete county end delete begin insert eligible entity end insert 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.

begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert  For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the begin delete county end delete 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.

begin delete

(h)

end delete

begin insert (i) end insert  The begin delete county end delete 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.

begin delete

(i)

end delete

begin insert (j) end insert  (1) If an election is conducted pursuant to this section, begin delete San
Diego County end delete begin insert the eligible entity end insert shall report to the Legislature and
to the Secretary of State regarding the success of the election,
including, but not limited to, 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 begin delete county end delete
begin insert eligible entity end insert 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 before
the date of a subsequent election conducted pursuant to this section,
whichever is sooner, begin delete San Diego County end delete begin insert the eligible entity end insert 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 begin delete county end delete
elections official.

begin insert

(k) For purposes of this section, “eligible entity” means both
of the following:

end insert begin insert

(1) San Diego County.

end insert begin insert

(2) A city, school district, community college district, special
district, or other district or political subdivision organized pursuant
to state law, whose boundaries are located wholly or in part within
San Diego County.

end insert begin delete

(j)

end delete

begin insert (l) end insert  This section shall remain in effect only until January 1, begin delete 2020, end delete
begin insert 2021, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2020, end delete begin insert 2021, end insert deletes or extends
that date.

SEC. 2.  

Section 4004 of the Elections Code is amended to read:

4004.  

begin insert

(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.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Eligible entity” means a begin delete city, county, city and county,
school district, or end delete begin insert school district or a end insert special district.

begin delete

(b)

end delete

begin insert (c) end insert  Notwithstanding Sections 1500 and 4000, an election in an
eligible entity may be conducted wholly as an all-mailed ballot
election, subject to the following conditions:

(1) The legislative body begin insert of the small city end insert or governing body of
the eligible entity, by resolution, authorizes the use of mailed
ballots for the election.

(2) The election is 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 begin delete Chapter 2
(commencing with Section 9100), end delete Chapter 3 (commencing with
Section begin delete 9200), end delete begin insert 9200) end insert 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 begin delete election, or any other election conducted in an
overlapping jurisdiction that is not consolidated and conducted
wholly by mail. end delete begin insert election. end insert

begin insert

(4) The election is not consolidated with any other election,
except another special election.

end insert begin insert

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

end insert begin delete

(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.

end delete