Amended in Assembly May 18, 2015

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

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(Coauthor: Assembly Member Mullin)

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February 23, 2015

An act to amend begin delete Sections 4000.5 and 4004 end delete begin insert Section 4000.5 end insert 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 begin delete bill end delete begin insert bill, end 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 begin delete or in part end delete 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 begin insert , as described above, end insert until January 1, begin delete 2021, and would repeal the condition that, for a special election to fill a vacancy in a congressional or legislative office, the congressional or legislative district lie wholly within San Diego County. end delete begin insert 2021. end insert The bill would also require certain voter education workshops to be conducted in-person.

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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.

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This bill would authorize those entities to also hold all-mailed ballot special elections for city initiatives and district initiatives conducted pursuant to specified provisions.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

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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 by
an eligible entity if the special election or special consolidated
election is any of the following:

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

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

(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.

(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:

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

(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 jurisdiction of the eligible entity
overlap with the boundaries of a city, at least one ballot dropoff
location is provided per city begin delete and end delete begin insert that end insert 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
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.

(5) (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 jurisdiction of 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 begin delete those
languages. end delete begin insert that language. end insert

(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 begin delete those languages. end delete
begin insert that language. end insert

(6) (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 (4) 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 begin delete other languages end delete
begin insert a language other than English end insert 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.

(7) (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 begin delete shall include end delete
begin insert includes end insert representatives, advocates, and other stakeholders
representing each community for which the eligible entity is
required to provide voting materials and assistance in begin delete other
languages end delete begin insert a language other than English end insert 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 begin delete shall include end delete
begin insert includes end insert 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 begin delete shall be end delete begin insert is end insert 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
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.).

(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
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.) 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 any 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.

(j) (1) If an election is conducted pursuant to this section, the
eligible entity 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 begin insert , end insert 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 eligible entity
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, the eligible entity 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 elections
official.

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

(1) San Diego County.

(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 begin delete or in part end delete within
San Diego County.

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

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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) “Eligible entity” means a school district or a special district.

(c) 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 of the small city 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 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.

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

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

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begin insert SEC. 2. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the voting behavior, demographic
characteristics, and unique special election experiences of San
Diego County. It is the intent of the Legislature that the provisions
of this act continue the pilot program that may be used for future
special elections.

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