BILL NUMBER: AB 1504	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 27, 2015

   An act to amend Section  10304   4001 
of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1504, as amended, Alejo.  Emergency elections in
cities.   Elections: all-mailed ballot elections: pilot
project.  
   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.  
   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.  
   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.  
   This bill would make a nonsubstantive change to the latter
provision. 
   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 4001 of the  
Elections Code   is amended to read: 
   4001.  (a) Notwithstanding Section 4000 or any other law, as a
pilot program, elections in San Mateo  County and Yolo County
  County, Yolo County, and Monterey County  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  prior to   before
 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  prior to   before 
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  that are  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  prior to
  before  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. 
  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.