BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1535


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1535 (Committee on Elections and Redistricting)


          As Amended  July 13, 2015


          Majority vote


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          |ASSEMBLY:  |74-0  |(May 22, 2015) |SENATE: |40-0  |(September 9,    |
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          Original Committee Reference:  E. & R.


          SUMMARY:  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.


          The Senate amendments:


          1)Clarify that the residence address required on the oath of  
            voter that a military or overseas voter is required to include  
            when returning his or her ballot by facsimile transmission is  
            the last United States (U.S.) residence for voting  
            qualification purposes.
          2)Allow a district conducting an all-mail ballot election to  
            consolidate its election with the election of one or more  








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            legislative or congressional districts, public districts,  
            cities, counties, or other political subdivisions, if all of  
            the elections to be consolidated are: 


             a)   Held on the same day; 
             b)   Held in the same territory, or in a territory that is in  
               part the same; and,


             c)   Conducted wholly by mail.  


          3)Clarify that a district election that is consolidated with an  
            all-mailed ballot election for a legislative or congressional  
            district must comply with any additional statutory  
            requirements that apply to the all-mailed ballot election for  
            that legislative or congressional district. 
          4)Permit any special district general election conducted to  
            elect members of the governing board held in odd-numbered  
            years to be moved to even-numbered years and consolidated with  
            the date of a statewide general election.  


          5)Make other technical and conforming changes.


          EXISTING LAW:  


          1)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.  


          2)Allows a military or overseas voter who is temporarily living  
            outside of the U.S. to return his or her ballot by facsimile  
            transmission.  Requires the ballot returned by facsimile  
            transmission to be received by the voter's elections official  
            no later than the closing of the polls on Election Day and be  
            accompanied with an identification envelope containing various  








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            information, including an oath of voter declaration.


          3)Authorizes a special district, by resolution of its governing  
            board, to conduct any election as an all-mailed ballot  
            election, as specified.  


          4)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.


          5)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.


          6)Permits a special district election for electing the governing  
            board of the special district held in November of odd-numbered  
            years to be moved to even-numbered years and consolidated with  
            the statewide general election, as specified.


          AS PASSED BY THE ASSEMBLY, this bill was similar to the version  
          approved by the Senate, except that it adds more clarifying and  
          technical changes to other provisions of the Elections Code. 


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "This is one of the Assembly  








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          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."


          The Senate amendments were adopted to make clarifying and  
          technical changes to other provisions of the Elections Code.   
          The first amendment clarifies that the residence address  
          required on the oath of voter that a military or overseas voter  
          is required to include when returning his or her ballot by  
          facsimile transmission is the last U.S. residence for voting  
          qualification purposes.  Current state law allows a military or  
          overseas voter to return his or her ballot by facsimile  
          transmission, however, for the ballot to be counted, existing  
          law requires the ballot to be received by the voter's elections  
          official no later than the closing of the polls on election day  
          and be accompanied with an identification envelope containing  
          various information, including an oath of voter declaration.   
          The oath of voter requires the voter to waive his or her right  
          to have his or her ballot kept secret and requires the voter to  
          affix his or her signature, residence address, current mailing  
          address, email, and date, among other information.  According to  
          the county elections officials, however, there is confusion as  
          to what residence address must be provided when completing the  
          oath of voter and some military or overseas voters provide the  
          residence address where they are stationed, instead of providing  
          the address of his or her last residence in the U.S. that is  
          used for voting purposes.  This amendment will reduce the  
          opportunity for error in completing the oath of voter for  
          military and overseas voters.  


          The second amendment permits a district conducting an all-mail  
          ballot election to consolidate its election with the election of  
          one or more legislative or congressional districts, public  
          districts, cities, counties, or other political subdivisions if  
          all of the elections to be consolidated are:  1) held on the  
          same day; 2) held in the same territory, or in a territory that  
          is in part the same; and 3) conducted wholly by mail.  In  








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          addition, this bill clarifies that a district election that is  
          consolidated with an all-mailed ballot election for a  
          legislative or congressional district must comply with any  
          additional statutory requirements that apply to the all-mailed  
          ballot election for that legislative or congressional district.   
          This amendment is necessary as it is unclear under existing law  
          whether a district conducting an all-mail ballot election may  
          consolidate its election with another political subdivision that  
          is also conducting its election by mail in the same or part of  
          the same territory.  As a result, some jurisdictions that  
          overlap are not consolidating their elections and are instead  
          conducting standalone elections.  This amendment will reduce  
          election costs and bring clarity to current law.  


          The third amendment permits any special district general  
          election conducted to elect members of the governing board held  
          in an odd-numbered year to be moved to even-numbered years and  
          consolidated with the date of a statewide general election,  
          instead of only permitting a special district that conducts its  
          governing board election in November of odd-numbered years to be  
          moved to even-numbered years and consolidated with the statewide  
          general election.  This will reduce election costs and provide  
          flexibility to those special districts that conduct their  
          elections during other times of the year.  


          Analysis Prepared by:                                             
                          Nichole Becker / E. & R. / (916) 319-2094  FN:  
          0001235