Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1504

Introduced by Assembly Member Alejo

February 27, 2015

An act to amend Section begin delete 10304 end delete begin insert 4001 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1504, as amended, Alejo. begin delete Emergency elections in cities. end delete begin insert Elections: all-mailed ballot elections: pilot project. end insert

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Until December 31, 2017, existing law, as a pilot program, authorizes elections in San Mateo County and Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If San Mateo County or Yolo County conducts an all-mailed ballot election, existing law requires the county to report to the Legislature and the Secretary of State, as specified.

end insert begin insert

This bill would also authorize Monterey County to conduct all-mailed ballot elections pursuant to these provisions. The bill would also make technical, nonsubstantive changes.

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Existing law requires the Governor to appoint 3 persons to a board of election commissioners for a city upon being satisfied of the truth of the matters set forth in a petition presented to the Governor by the voters of the city that, among other things, the city has failed to elect officers in accordance with its charter and there are no officers to carry on the city government, or the city has failed to call an election of officers. Existing law requires the Governor to issue a commission to the commissioners, and provides that issuance of the commission is conclusive evidence of the regularity of all the proceedings to and including the appointment of the commissioners.

end delete begin delete

This bill would make a nonsubstantive change to the latter provision.

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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:

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begin insert SECTION 1. end insert   

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begin insert Section 4001 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

4001.  

(a) Notwithstanding Section 4000 or any other law, as
a pilot program, elections in San Mateo begin delete County and Yolo County end delete
begin insert County, Yolo County, and Monterey County end insert may be conducted
wholly by mail if all of the following conditions are satisfied:

(1) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and notifies
the Secretary of State of its intent to conduct an all-mailed ballot
election at least 88 days begin delete prior to end delete begin insert before end insert the date of the election.

(2) The election does not occur 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 pursuant to this section.

(3) The election is not a special election to fill a vacancy in a
state office, the Legislature, or Congress.

(4) (A) At least one ballot dropoff location is provided per city
or the ballot dropoff locations are fixed in a manner so that the
number of residents for each ballot dropoff location does not
exceed 100,000 on the 88th day begin delete prior to end delete begin insert before end insert the day of election,
whichever results in more dropoff locations. A ballot dropoff
location shall be open during business hours to receive voted ballots
beginning 28 days before the date of the election and until 8 p.m.
on the day of the election.

(B) At least one polling place is provided per city where voters
can request a ballot between 7 a.m. and 8 p.m. on the day of the
election if they have not received their ballots in the mail or if they
need replacement ballots for any other reason.

(C) Upon the request of the city, county, or district, the elections
official, at his or her discretion, may provide additional ballot
dropoff locations and polling places.

(5) 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.

(6) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter’s
ballot, a list of the ballot dropoff locations and polling places
provided pursuant to paragraph (4), and also posts that list on the
Internet Web site of the county elections office.

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

(8) (A) The polling places provided under this section are at
an accessible location and are equipped with voting units or
systems that are accessible to individuals with disabilities and that
provide the same opportunity for access and participation, including
the ability to vote privately and independently.

(B) 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.

(9) Elections in the county conducted pursuant to this section
may be held on no more than three different dates.

(b) (1) If the county conducts an all-mailed ballot election
pursuant to this section, on or before December 31, 2017, the
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, to the extent
possible, the population categories of race, ethnicity, age, gender,
disability, permanent vote by mail status, and political party
affiliation; the number of ballots begin delete that are end delete not counted and the
reasons they were rejected; voter fraud; and 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 of the county shall compare the success of the
all-mailed ballot election to similar elections not conducted wholly
by mail in the same jurisdiction or comparable jurisdictions.

(3) The report of the county shall be submitted to the Legislature
pursuant to Section 9795 of the Government Code within six
months after the date of the all-mailed ballot election or begin delete prior to end delete
begin insert before end insert the date of any other all-mailed ballot election subject to
this section to be conducted in the county, whichever is sooner.

(c) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

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SECTION 1.  

Section 10304 of the Elections Code is amended
to read:

10304.  

The Governor shall issue a commission to the
commissioners, and the issuance of the commission shall be
conclusive evidence of the regularity of all the proceedings to and
including the appointment of the commissioners. Within 10 days
after their appointment, the commissioners shall take the
constitutional oath of office before an officer authorized to
administer oaths. The oath shall be indorsed upon the commission,
and a copy filed in the office of the Secretary of State. The
commission shall organize by the election of a president and
secretary from their own members. The commission shall keep
minutes of all its proceedings, which minutes shall be signed at
the close of each meeting by the president and secretary.

end delete