BILL ANALYSIS Ó
AB 1535
Page 1
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