Amended in Assembly June 1, 2015

Amended in Assembly May 14, 2015

Amended in Assembly April 20, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1504


Introduced by Assembly Member Alejo

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(Coauthors: Assembly Members Cooley, Cooper, and McCarty)

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(Coauthors: Senators Monning and Cannella)

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February 27, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1504, as amended, Alejo. 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 extend this pilot program until January 1, 2018, and would also authorize Monterey and Sacramento Counties to conduct all-mailed ballot elections pursuant to these provisions. The bill would also make technical, nonsubstantive changes.

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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SECTION 1.  

Section 4001 of the Elections Code is amended
2to read:

3

4001.  

(a) Notwithstanding Section 4000 or any other law, as
4a pilot program, elections in San Mateo County, Yolo County,
5Sacramento County, and Monterey County may be conducted
6wholly by mail if all of the following conditions are satisfied:

7(1) The governing body of the city, county, or district, by
8resolution, authorizes the all-mailed ballot election and notifies
9the Secretary of State of its intent to conduct an all-mailed ballot
10election at least 88 days before the date of the election.

11(2) The election does not occur on the same date as a statewide
12primary or general election or any other election conducted in an
13overlapping jurisdiction that is not consolidated and conducted
14wholly by mail pursuant to this section.

15(3) The election is not a special election to fill a vacancy in a
16state office, the Legislature, or Congress.

17(4) (A) At least one ballotbegin delete dropoffend deletebegin insert drop-offend insert location is provided
18per city or the ballotbegin delete dropoffend deletebegin insert drop-offend insert locations are fixed in a
19manner so that the number of residents for each ballotbegin delete dropoffend delete
20begin insert drop-offend insert location does not exceed 100,000 on the 88th day before
21the day of election, whichever results in morebegin delete dropoffend deletebegin insert drop-offend insert
22 locations. A ballotbegin delete dropoffend deletebegin insert drop-offend insert location shall be open during
23business hours to receive voted ballots beginning 28 days before
24the date of the election and until 8 p.m. on the day of the election.

25(B) At least one polling place is provided per city where voters
26can request a ballot between 7 a.m. and 8 p.m. on the day of the
27election if they have not received their ballots in the mail or if they
28need replacement ballots for any other reason.

29(C) Upon the request of the city, county, or district, the elections
30official, at his or her discretion, may provide additional ballot
31begin delete dropoffend deletebegin insert drop-offend insert locations and polling places.

32(5) The elections official delivers to each voter all supplies
33necessary for the use and return of the mail ballot, including an
P3    1envelope for the return of the voted mail ballot with postage
2prepaid.

3(6) The elections official delivers to each voter, with either the
4 sample ballot sent pursuant to Section 13303 or with the voter’s
5ballot, a list of the ballotbegin delete dropoffend deletebegin insert drop-offend insert locations and polling
6places provided pursuant to paragraph (4), and also posts that list
7on the Internet Web site of the county elections office.

8(7) The return of voted mail ballots is subject to Section 3017.

9(8) (A) The polling places provided under this section are at
10an accessible location and are equipped with voting units or
11systems that are accessible to individuals with disabilities and that
12provide the same opportunity for access and participation, including
13the ability to vote privately and independently.

14(B) A ballotbegin delete dropoffend deletebegin insert drop-offend insert location provided for under this
15section shall consist of a locked ballot box located in a secure
16public building that meets the accessibility requirements for a
17polling place.

18(9) Elections in the county conducted pursuant to this section
19may be held on no more than three different dates.

20(b) (1) If the county conducts an all-mailed ballot election
21pursuant to this section, on or before December 31, 2017, the
22county shall report to the Legislature and to the Secretary of State
23 regarding the success of the election, including, but not limited to,
24any statistics on the cost to conduct the election; the turnout of
25different populations, including, but not limited to, to the extent
26possible, the population categories of race, ethnicity, age, gender,
27disability, permanent vote by mail status, and political party
28affiliation; the number of ballots not counted and the reasons they
29were rejected; voter fraud; andbegin insert,end insert any other problems that become
30known to the county during the election or canvass.

31(2) Whenever possible, using the criteria set forth in paragraph
32(1), the report of the county shall compare the success of the
33all-mailed ballot election to similar elections not conducted wholly
34by mail in the same jurisdiction or comparable jurisdictions.

35(3) The report of the county shall be submitted to the Legislature
36pursuant to Section 9795 of the Government Code within six
37months after the date of the all-mailed ballot election or before the
38date of any other all-mailed ballot election subject to this section
39to be conducted in the county, whichever is sooner.

P4    1(c) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.



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