BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1535| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1535 Author: Committee on Elections and Redistricting AmendedAmended:7/13/15 in Senate Vote: 21 SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15 AYES: Allen, Hancock, Hertzberg, Liu NO VOTE RECORDED: Anderson ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote SUBJECT: Elections SOURCE: California Association of Clerks and Election Officials California Special Districts Association DIGEST: This bill is the committee omnibus bill that does the following: (1) 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; (2) clarifies, for military or overseas voters, the residence address required on the oath of voter; (3) permits a district conducting an all-mail ballot election to consolidate under specific circumstances; and (4) 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: AB 1535 Page 2 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. 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: a) The first Tuesday after the first Monday in May of each year. b) The first Tuesday after the first Monday in March of each even-numbered year. c) The last Tuesday in August of each year. 4)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. 5)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. AB 1535 Page 3 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 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 shall order the consolidation pursuant to existing law. 4)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. 5)Requires a district election that is consolidated with an all-mailed ballot election for a legislative or congressional district also comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district. 6)Makes other technical and conforming changes. Background AB 1535 Page 4 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 March, April, May, and even in August. Comments 1)According to the author, this is one of the Assembly Elections and 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/13/15) AB 1535 Page 5 California Association of Clerks and Election Officials (co-source) California Special Districts Association (co-source) OPPOSITION: (Verified7/13/15) None received ASSEMBLY FLOOR: 74-0, 5/22/15 AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106 7/14/15 12:22:19 **** END ****