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:







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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  








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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








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           Oppose:  None received
                                          
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