BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 1535 Hearing Date: 7/7/15
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|Author: |Committee on Elections and Redistricting |
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|Version: |6/30/15 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Frances Tibon Estoista |
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Subject: Elections
DIGEST
Committee omnibus bill that does the following: Updates the
written request to remove a voter's name from a petition by
requiring it to include the voter's name, residence address, and
signature; clarifies, for military or overseas voters, the
residence address required on the oath of voter; permits a
district conducting an all-mail ballot election to consolidate
under specific circumstances; and permits any special district
general election conducted to elect members of the governing
board in an odd-numbered year to be moved to even-numbered years
as specified.
ANALYSIS
Existing law :
1) Allows a military or overseas voter who is living outside of
the territorial limits of the United States (U.S.) or the
District of Columbia, or is called for military service
within the U.S. on or after the final date to make
application for a vote by mail ballot and to return his or
her ballot by facsimile (fax) transmission. To be counted,
the ballot returned by fax 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 as
specified, and an oath of voter declaration, as specified:
AB 1535 (Committee on Elections and Redistricting)
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2)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 with the appropriate county
elections official prior to the day the petition is filed.
3)Allows, regardless of the number of eligible voters within its
boundaries a district to, by resolution of its governing
board, conduct any election by all-mailed ballots and requires
these elections to be held on the following dates:
The first Tuesday after the first Monday in May of
each year.
The first Tuesday after the first Monday in March of
each even-numbered year.
The last Tuesday in August of each year.
1)Defines "special district" as 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.
2)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.
This bill :
1)Requires a voter who has signed an initiative, referendum, or
recall petition, and who subsequently wishes to withdraw his
or her name from the petition, to file a written request with
the appropriate county elections official that includes the
voter's name, residence address, and signature, as specified.
2)Clarifies that the residence address required on the oath of
voter is the last U.S. residence for voting qualification
purposes.
3)Provides 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
AB 1535 (Committee on Elections and Redistricting)
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districts, cities, counties, or other political subdivisions
if all of the elections to be consolidated will be:
a)Held on the same day.
b)Held in the same territory or in a territory that is in part
the same.
c)Conducted wholly by mail.
d)A district consolidating its election pursuant to shall order
the consolidation.
1)Permits the governing body of a special district to
consolidate its elections of governing body members in any
month (not just November) of odd-numbered years with the
statewide general election.
2)Makes other technical and conforming changes.
BACKGROUND
Special Districts : Existing law authorizes a special district,
by resolution of its governing board to conduct any election as
an all-mail ballot election, and also provides that whenever two
or more elections, including bond elections, or any legislative
or congressional district, public district, city, county or
other political subdivision are called to be held on the same
day, in the same territory, or in territory that is in part the
same, may be consolidated upon the order of the governing body
or bodies calling the elections.
Existing law requires general elections held to elect members of
the governing board of a special district to be held on the
first Tuesday after the first Monday in November of each
odd-numbered year, unless the principal act of the district
provides for the general district election to be held on a
different established election date, or on an established mailed
ballot election date, as specified. A special district is
allowed to adopt a resolution requiring its general district
election to be held on the same day as the statewide general
election, upon approval of the county board of supervisors.
While in general, many special districts hold their governing
board elections in November, others conduct their elections in
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March, April, May, and even in August.
COMMENTS
According to the author : This is one of the Assembly Elections
& Redistricting Committee's omnibus bills, containing various
minor and technical changes to provisions of the Elections Code.
All of the provisions of this bill are either changes requested
by the California Association of Clerks and Election Officials
or the California Special Districts Association.
Suggested Amendment . This bill would permit a district
conducting an all-mailed ballot election to consolidate that
election with one or more other political subdivisions that are
also conducting their elections wholly by mail on the same day,
including legislative or congressional districts. However,
under existing law, only San Diego County, pursuant to a pilot
project that sunsets January 1, 2020, may conduct an election to
fill a vacancy in the Legislature or in Congress wholly by
mailed ballot. In so doing, San Diego County must abide by a
lengthy list of conditions that do not apply to other all mail
ballot elections currently permitted in other types of
jurisdictions. Committee staff therefore suggests that this
bill be amended to clarify that if an all-mail district election
is consolidated with an all-mail election that includes a
legislative or congressional seat, the district election shall
comply with any conditions required for that legislative or
congressional election.
PRIOR ACTION
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|Assembly Floor: |74 - 0 |
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|Assembly Elections and Redistricting | 7 - 0 |
|Committee: | |
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POSITIONS
Sponsor: California Association of Clerks and Election Officials
California Special Districts Association
Support: None received
AB 1535 (Committee on Elections and Redistricting)
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Oppose: None received
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