AB 1535, as amended, Committee on Elections and Redistricting. Elections.
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.
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.
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.
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.
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.
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.
The bill would expand that authorization to special district elections of governing body members in any month of odd-numbered years.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 103 of the Elections Code is amended to
2read:
A voter who has signed an initiative, referendum, or recall
4petition pursuant to the Constitution or laws of this state shall have
5his or her signature withdrawn from the petition upon filing a
6written request that includes the voter’s name, residence address,
7and signature with the appropriate county elections official or city
8elections official prior to the day the petition is filed. A written
9request made under this section shall not constitute a petition or
10paper for purposes of Section 104.
Section 3106 of the Elections Code is amended to read:
(a) A military or overseas voter who is living outside
“OATH OF VOTER
I, , acknowledge that by returning my voted
(voter) (power of attorney cannot be accepted)
13of the territorial limits of the United States or the District of
14Columbia, or is called for military service within the United States
15on or after the final date to make application for a vote by mail
16ballot, may return his or her ballot by facsimile transmission. To
17be counted, the ballot returned by facsimile transmission shall be
18received by the voter’s elections official no later than the closing
19of the polls on election day and shall be accompanied by an
20identification envelope containing all of the information required
P3 1by Section 3011 and an oath of voter declaration in substantially
2the following form:
3
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 (last U.S. residence for voter qualification purposes) 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)
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.”
P4 1(b) Notwithstanding the voter’s waiver of the right to a secret
2ballot, each elections official shall adopt appropriate procedures
3to protect the secrecy of ballots returned by facsimile transmission.
4(c) Upon receipt of a ballot returned by facsimile transmission,
5the elections official shall determine the voter’s eligibility to vote
6by comparing the signature on the return information with the
7signature on the voter’s affidavit of registration or any signature
8permitted for comparison under Section 3019. The ballot shall be
9duplicated and all materials preserved according to procedures set
10forth in this code.
11(d) Notwithstanding subdivision (a), a military or overseas voter
12who
is permitted to return his or her ballot by facsimile
13transmission is, nonetheless, encouraged to return his or her ballot
14by mail or in person if possible. A military or overseas voter should
15return a ballot by facsimile transmission only if doing so is
16necessary for the ballot to be received before the close of polls on
17election day.
Section 4108 of the Elections Code is amended to read:
(a) Notwithstanding any otherbegin delete provisions ofend delete law and
20regardless of the number of eligible voters within its boundaries
21a district may, by resolution of its governing board, conduct any
22election by all-mailed ballots pursuant to Division 4 (commencing
23with Section 4000).
24(b) (1) A district conducting an election by all-mailed ballots
25may consolidate its election with the election of one or more other
26
legislative or congressional districts, public districts, cities,
27counties, or other political subdivisions if all of the elections to be
28consolidated will be:
29(A) Held on the same day.
30(B) Held in the same territory or in a territory that is in part the
31same.
32(C) Conducted wholly by mail.
33(2) A district consolidating its election pursuant to subdivision
34(a) shall order the consolidation pursuant to Section 10400.
35(3) A district election that is consolidated with an all-mailed
36ballot election for a legislative or congressional
district shall also
37comply with any additional statutory requirements that apply to
38the all-mailed ballot election for that legislative or congressional
39district.
P5 1(c) An election conducted pursuant to this section shall be held
2on a date prescribed in Section 1500 or on any other date other
3than an established election date.
Section 9602 of the Elections Code is amended to read:
A voter who has signed an initiative or referendum
6petition, and who subsequently wishes his or her name withdrawn,
7may do so by filing a written request for the withdrawal with the
8appropriate elections official that includes the voter’s name,
9residence address, and signature. This request shall be filed in the
10elections official’s office prior to the date the petition is filed. A
11written request made under this section shall not constitute a
12petition or paper for purposes of Section 104.
Section 10404 of the Elections Code is amended to
14read:
(a) This section applies only to special districts electing
16members of the governing body in odd-numbered years. As used
17in this section, “special district” means an agency of the state
18formed pursuant to general law or special act, for the local
19performance of governmental or proprietary functions within
20limited boundaries, except a city, county, city and county, school
21or community college district, or special assessment district.
22(b) Notwithstanding any otherbegin delete provision ofend delete law, a governing
23body of a special district may, by resolution, require that its
24elections of governing
body members be held on the same day as
25the statewide general election.
26(1) The resolution setting the election shall also include dates
27that are consistent with the primary or general election with respect
28to nominations, notices, canvass of votes, certification of election,
29and all other procedural requirements of this code pertaining to
30the primary or general election.
31(2) The resolution shall be submitted to the board of supervisors
32no later than 240 days prior to the date of the currently scheduled
33district election.
34(c) The board of supervisors shall notify all districts located in
35the county of the receipt of the resolution to consolidate and shall
36request input from each district on the effect of consolidation.
37(d) The elections official shall prepare and transmit to the board
38of supervisors an impact analysis of the proposed consolidation.
39(e) The board of supervisors, within 60 days from the date of
40submission, shall approve the resolution unless it finds that the
P6 1ballot style, voting equipment, or computer capacity is such that
2additional elections or materials cannot be handled. Prior to the
3adoption of a resolution to either approve or deny a consolidation
4request, the board or boards of supervisors shall each obtain from
5the elections official a report on the cost-effectiveness of the
6proposed action.
7(f) Within 30 days after the approval of the resolution, the
8elections official shall notify all registered voters of the
districts
9affected by the consolidation of the approval of the resolution by
10the board of supervisors. The notice shall be delivered by mail and
11at the expense of the district.
12(g) Public notices of the proceedings in which the resolution is
13to be considered for adoption shall be made pursuant to Section
1425151 of the Government Code.
15(h) If a special district is located in more than one county, the
16special district may not consolidate an election if any county in
17which the special district is located denies the request for
18consolidation.
19(i) If, pursuant to subdivision (b), a special district election is
20held on the same day as the statewide general election, those
21governing body members whose terms of office would have,
prior
22to the adoption of the resolution, expired prior to that election
23shall, instead, continue in their offices until their successors are
24elected and qualified, but in no event shall the term be extended
25beyond December 31 of the year following the year in which the
26request for consolidation is approved by the board of supervisors.
27(j) If a board of supervisors approves the resolution pursuant to
28subdivision (e), the special district election shall be conducted on
29the date specified by the board of supervisors, in accordance with
30subdivision (a), unless the approval is later rescinded by the board
31of supervisors.
32(k) If the date of a special district election is changed pursuant
33to this section, at least one election shall be held before the
34resolution, as approved by the
board of supervisors, may be
35subsequently repealed or amended.
Section 10505 of the Elections Code is amended to
37read:
The terms of office of elective officers in all new
39districts shall be determined as follows:
P7 1(a) If the district is formed in an odd-numbered year, the officers
2elected at the formation election shall hold office until noon on
3the first Friday in December of the next following odd-numbered
4year, provided officers elected at an election held on the first
5Tuesday after the first Monday in November shall hold office as
6provided in subdivision (c).
7(b) If the district is formed in an even-numbered year, the
8officers elected at the formation election shall hold office until
9noon on the first Friday in
December of the second next following
10odd-numbered year.
11(c) The directors elected at the first general district election held
12in a district and at a formation election held at the same time as
13the general district election shall meet as soon as practicable after
14taking office and classify themselves by lot into two classes, as
15nearly equal in number as possible, and the terms of office of the
16class having the greater number shall be four years and the terms
17of office of the class having the lesser number shall be two years.
18All other elective officers elected at the election shall hold office
19for a term of four years or until their successor is elected and
20qualifies.
21(d) Pursuant to Section 10404, a special district electing
22members of the governing body in odd-numbered years may, by
23
resolution, require that its elections of governing body members
24be held on the same day as the statewide general election.
Section 11303 of the Elections Code is amended to
26read:
A voter who has signed a recall petition shall have his
28or her signature withdrawn from the petition upon filing a written
29request that includes the voter’s name, residence address, and
30signature with the elections official prior to the day the petition
31section bearing the voter’s signature is filed. A written request
32made under this section shall not constitute a petition or paper for
33purposes of Section 104.
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