Amended in Senate June 30, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1535

Introduced by Committee on Elections and Redistricting begin insert (Assembly Members Ridley-Thomas (Chair), Gatto, Gordon, Mullin, and Perea) end insert

March 25, 2015

An act to amend Sections 103, begin insert 3106, 4108, end insert 9602, begin insert 10404, 10505, end insert and 11303 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1535, as amended, Committee on Elections and Redistricting. begin delete Elections: petitions. end delete begin insert Elections. end insert

Existing law authorizes a voter who has signed an initiative, referendum, or recall petition to remove his or her name from the petition by filing a written request to do so with the appropriate county elections official prior to the day the petition is filed.

This bill would require the written request filed with the elections official to include the voter’s name, residence address, and signature.

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Existing law sets forth procedures for voting by military or overseas voters, as defined, and permits a military or overseas voter to return his or her ballot by facsimile transmission, accompanied by an oath of voter declaration that includes the voter’s signature. Existing law prescribes the contents of the oath of voter declaration and requires, among other things, the voter to provide his or her current mailing address.

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The bill would modify the oath of voter declaration form to indicate that the residence address is the last U.S. residence for voter qualification purposes.

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Existing law permits a district to conduct an election by all-mailed ballots. Existing law also permits political subdivisions to consolidate their elections in certain circumstances.

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The bill would permit a district conducting an election by all-mailed ballots to consolidate its election with one or more other political subdivisions that are also conducting their elections wholly by mail, if certain conditions are satisfied.

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Existing law permits the governing body of a special district to consolidate its elections of governing body members in November of odd-numbered years with the statewide general election.

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The bill would expand that authorization to special district elections of governing body members in any month of odd-numbered years.

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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 103 of the Elections Code is amended to
read:

103.  

A voter who has signed an initiative, referendum, or recall
petition pursuant to the Constitution or laws of this state shall have
his or her signature withdrawn from the petition upon filing a
written request that includes the voter’s name, residence address,
and signature with the appropriate county elections official or city
elections official prior to the day the petition is filed. A written
request made under this section shall not constitute a petition or
paper for purposes of Section 104.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3106 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

3106.  

(a) A military or overseas voter who is living outside
of the territorial limits of the United States or the District of
Columbia, or is called for military service within the United States
on or after the final date to make application for a vote by mail
ballot, may return his or her ballot by facsimile transmission. To
be counted, the ballot returned by facsimile transmission shall be
received by the voter’s elections official no later than the closing
of the polls on election day and shall be accompanied by an
identification envelope containing all of the information required
by Section 3011 and an oath of voter declaration in substantially
the following form:

 

“OATH OF VOTER

I,   , acknowledge that by returning my voted

ballot by facsimile transmission I have waived my right to have my ballot

kept secret. Nevertheless, I understand that, as with any vote by mail

voter, my signature, whether on this oath of voter form or my identification

envelope, will be permanently separated from my voted ballot to maintain

its secrecy at the outset of the tabulation process and thereafter.

My residence address begin insert (last U.S. residence for voter qualification purposes) end insert is   .  (Street Address)(City)(ZIP Code)

My current mailing address is   .  (Street Address)(City)(ZIP Code)

My email address is _________________. My facsimile transmission number is _________________.

I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated this __________ day of ______, 20_____.

(Signature)

(voter)  (power of attorney cannot be accepted)

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.”

 

(b) Notwithstanding the voter’s waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures
to protect the secrecy of ballots returned by facsimile transmission.

(c) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter’s eligibility to vote
by comparing the signature on the return information with the
signature on the voter’s affidavit of registration or any signature
permitted for comparison under Section 3019. The ballot shall be
duplicated and all materials preserved according to procedures set
forth in this code.

(d) Notwithstanding subdivision (a), a military or overseas voter
who is permitted to return his or her ballot by facsimile
transmission is, nonetheless, encouraged to return his or her ballot
by mail or in person if possible. A military or overseas voter should
return a ballot by facsimile transmission only if doing so is
necessary for the ballot to be received before the close of polls on
election day.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4108 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

4108.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other provisions of law and
regardless of the number of eligible voters within its boundaries
a district may, by resolution of its governing board, conduct any
election by all-mailed ballots pursuant to Division 4 (commencing
with Section 4000).

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(b) (1) A district conducting an election by all-mailed ballots
may consolidate its election with the election of one or more other
legislative or congressional districts, public districts, cities,
counties, or other political subdivisions if all of the elections to
be consolidated will be:

end insert begin insert

(A) Held on the same day.

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(B) Held in the same territory or in a territory that is in part
the same.

end insert begin insert

(C) Conducted wholly by mail.

end insert begin insert

(2) A district consolidating its election pursuant to subdivision
(a) shall order the consolidation pursuant to Section 10400.

end insert begin delete

An

end delete

begin insert (c) end insert begin insert   end insert begin insert An end insert election conducted pursuant to this section shall be held
on a date prescribed in Section 1500 or on any other date other
than an established election date.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 9602 of the Elections Code is amended to read:

9602.  

A voter who has signed an initiative or referendum
petition, and who subsequently wishes his or her name withdrawn,
may do so by filing a written request for the withdrawal with the
appropriate elections official that includes the voter’s name,
residence address, and signature. This request shall be filed in the
elections official’s office prior to the date the petition is filed. A
written request made under this section shall not constitute a
petition or paper for purposes of Section 104.

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begin insert SEC. 5. end insert   

end insert

begin insert Section 10404 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

10404.  

(a) This section applies only to special districts electing
members of the governing body in begin delete November of end delete odd-numbered
years. As used in this section, “special district” means an agency
of the state formed pursuant to general law or special act, for the
local performance of governmental or proprietary functions within
limited boundaries, except a city, county, city and county, school
or community college district, or special assessment district.

(b) Notwithstanding any other provision of law, a governing
body of a special district may, by resolution, require that its
elections of governing body members be held on the same day as
the statewide general election.

(1) The resolution setting the election shall also include dates
that are consistent with the primary or general election with respect
to nominations, notices, canvass of votes, certification of election,
and all other procedural requirements of begin delete the Elections Code end delete begin insert this
code end insert pertaining to the primary or general election.

(2) The resolution shall be submitted to the board of supervisors
no later than 240 days prior to the date of the currently scheduled
district election.

(c) The board of supervisors shall notify all districts located in
the county of the receipt of the resolution to consolidate and shall
request input from each district on the effect of consolidation.

(d) The elections official shall prepare and transmit to the board
of supervisors an impact analysis of the proposed consolidation.

(e) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors shall each obtain from
the elections official a report on the cost-effectiveness of the
proposed action.

(f) Within 30 days after the approval of the resolution, the
elections official shall notify all registered voters of the districts
affected by the consolidation of the approval of the resolution by
the board of supervisors. The notice shall be delivered by mail and
at the expense of the district.

(g) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section
25151 of the Government Code.

(h) If a special district is located in more than one county, the
special district may not consolidate an election if any county in
which the special district is located denies the request for
consolidation.

(i) If, pursuant to subdivision (b), a special district election is
held on the same day as the statewide general election, those
governing body members whose terms of office would have, prior
to the adoption of the resolution, expired prior to that election
shall, instead, continue in their offices until their successors are
elected and qualified, but in no event shall the term be extended
beyond December 31 of the year following the year in which the
request for consolidation is approved by the board of supervisors.

(j) If a board of supervisors approves the resolution pursuant to
subdivision (e), the special district election shall be conducted on
the date specified by the board of supervisors, in accordance with
subdivision (a), unless the approval is later rescinded by the board
of supervisors.

(k) If the date of a special district election is changed pursuant
to this section, at least one election shall be held before the
resolution, as approved by the board of supervisors, may be
subsequently repealed or amended.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 10505 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

10505.  

The terms of office of elective officers in all new
districts shall be determined as follows:

(a) If the district is formed in an odd-numbered year, the officers
elected at the formation election shall hold office until noon on
the first Friday in December of the next following odd-numbered
year, provided officers elected at an election held on the first
Tuesday after the first Monday in November shall hold office as
provided in subdivision (c).

(b) If the district is formed in an even-numbered year, the
officers elected at the formation election shall hold office until
noon on the first Friday in December of the second next following
odd-numbered year.

(c) The directors elected at the first general district election held
in a district and at a formation election held at the same time as
the general district election shall meet as soon as practicable after
taking office and classify themselves by lot into two classes, as
nearly equal in number as possible, and the terms of office of the
class having the greater number shall be four years and the terms
of office of the class having the lesser number shall be two years.
All other elective officers elected at the election shall hold office
for a term of four years or until their successor is elected and
qualifies.

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(d) Pursuant to Section 10404, a special district electing
members of the governing body in odd-numbered years may, by
resolution, require that its elections of governing body members
be held on the same day as the statewide general election.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 7. end insert   

Section 11303 of the Elections Code is amended to
read:

11303.  

A voter who has signed a recall petition shall have his
or her signature withdrawn from the petition upon filing a written
request that includes the voter’s name, residence address, and
signature with the elections official prior to the day the petition
section bearing the voter’s signature is filed. A written request
made under this section shall not constitute a petition or paper for
purposes of Section 104.