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 ----------------------------------------------------------------- |Author: |Committee on Elections and Redistricting | |-----------+-----------------------------------------------------| |Version: |6/30/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- 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) Page 2 of ? 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) Page 3 of ? 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 AB 1535 (Committee on Elections and Redistricting) Page 4 of ? 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 ------------------------------------------------------------------ |Assembly Floor: |74 - 0 | |--------------------------------------+---------------------------| |Assembly Elections and Redistricting | 7 - 0 | |Committee: | | ------------------------------------------------------------------ POSITIONS Sponsor: California Association of Clerks and Election Officials California Special Districts Association Support: None received AB 1535 (Committee on Elections and Redistricting) Page 5 of ? Oppose: None received -- END --