California Legislature—2015–16 Regular Session

Assembly BillNo. 1536


Introduced by Committee on Elections and Redistricting

March 25, 2015


An act to amend Sections 17, 2102, 2103, 2107, 2119, 2142, 2155, 2158, 2162, 2194, 2196, 2250, 2400, 2401, 2402, 2403, 2404, 2405, 2406, 2408, 3019.5, 3114, 4000.5, 9054, 9094.5, 12309.5, 13107, 14026, 18108, 18108.1, 18108.5, 19240, 19242, 21500, 21550, 21601, 21620, and 22000, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1536, as introduced, Committee on Elections and Redistricting. Elections.

Existing law makes numerous references to federal laws related to elections.

This bill would make nonsubstantive, technical updates to the provisions referencing federal law to reflect a recent reclassification of federal law. The bill would also make additional nonsubstantive, technical changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 17 of the Elections Code is amended to
2read:

3

17.  

The Secretary of State shall establish and maintain
4administrative complaint procedures, pursuant to the requirements
5of the Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15512),end delete
P2    1begin insert (52 U.S.C. Sec. 21112),end insert in order to remedy grievances in the
2administration of elections. The Secretary of Statebegin delete mayend deletebegin insert shallend insert not
3require that the administrative remedies provided in the complaint
4procedures established pursuant to this section be exhausted in
5 order to pursue any other remedies provided by state or federal
6law.

7

SEC. 2.  

Section 2102 of the Elections Code, as amended by
8Section 5 of Chapter 909 of the Statutes of 2014, is amended to
9read:

10

2102.  

(a) A person may not be registered as a voter except by
11affidavit of registration. The affidavit shall be mailed or delivered
12to the county elections official and shall set forth all of the facts
13required to be shown by this chapter. A properly executed
14registration shall be deemed effective upon receipt of the affidavit
15by the county elections official if received on or before the 15th
16daybegin delete prior toend deletebegin insert beforeend insert an election to be held in the registrant’s precinct.
17A properly executed registration shall also be deemed effective
18upon receipt of the affidavit by the county elections official if any
19of the following apply:

20(1) The affidavit is postmarked on or before the 15th daybegin delete prior
21toend delete
begin insert beforeend insert the election and received by mail by the county elections
22official.

23(2) The affidavit is submitted to the Department of Motor
24Vehicles or accepted by any other public agency designated as a
25voter registration agency pursuant to the federal National Voter
26Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
2720501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

28(3) The affidavit is delivered to the county elections official by
29means other than those described in paragraphs (1) and (2) on or
30before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

31(4) The affidavit is submitted electronically on the Internet Web
32site of the Secretary of State pursuant to Section 2196 on or before
33the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

34(b) For purposes of verifying a signature on a recall, initiative,
35or referendum petition or a signature on a nomination paper or any
36other election petition or election paper, a properly executed
37affidavit of registration shall be deemed effective for verification
38purposes if both of the following conditions are satisfied:

39(1) The affidavit is signed on the same date or a datebegin delete prior toend delete
40begin insert beforeend insert the signing of the petition or paper.

P3    1(2) The affidavit is received by the county elections official on
2or before the date on which the petition or paper is filed.

3(c) Notwithstanding any otherbegin delete law to the contrary,end deletebegin insert law,end insert the
4affidavit of registration required under this chapter shall not be
5taken under sworn oath, but the content of the affidavit shall be
6certified as to its truthfulness and correctness, under penalty of
7perjury, by the signature of the affiant.

8

SEC. 3.  

Section 2102 of the Elections Code, as amended by
9Chapter 909 of the Statutes of 2014, is amended to read:

10

2102.  

(a) A person shall not be registered as a voter except by
11affidavit of registration. The affidavit shall be mailed or delivered
12to the county elections official and shall set forth all of the facts
13required to be shown by this chapter. A properly executed
14registration shall be deemed effective upon receipt of the affidavit
15by the county elections official if received on or before the 15th
16daybegin delete prior toend deletebegin insert beforeend insert an election to be held in the registrant’s precinct.
17A properly executed registration shall also be deemed effective
18upon receipt of the affidavit by the county elections official if any
19of the following apply:

20(1) The affidavit is postmarked on or before the 15th daybegin delete prior
21toend delete
begin insert beforeend insert the election and received by mail by the county elections
22official.

23(2) The affidavit is submitted to the Department of Motor
24Vehicles or accepted by any other public agency designated as a
25voter registration agency pursuant to the federal National Voter
26Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
2720501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

28(3) The affidavit is delivered to the county elections official by
29means other than those described in paragraph (1) and (2) on or
30before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

31(4) The affidavit is submitted electronically on the Internet Web
32site of the Secretary of State pursuant to Section 2196 on or before
33the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

34(b) For purposes of verifying a signature on a recall, initiative,
35or referendum petition or a signature on a nomination paper or any
36other election petition or election paper, a properly executed
37affidavit of registration shall be deemed effective for verification
38purposes if both of the following conditions are satisfied:

39(1) The affidavit is signed on the same date or a datebegin delete prior toend delete
40begin insert beforeend insert the signing of the petition or paper.

P4    1(2) The affidavit is received by the county elections official on
2or before the date on which the petition or paper is filed.

3(c) Notwithstanding any otherbegin delete law to the contrary,end deletebegin insert law,end insert the
4affidavit of registration required under this chapter shall not be
5taken under sworn oath, but the content of the affidavit shall be
6certified as to its truthfulness and correctness, under penalty of
7perjury, by the signature of the affiant.

8(d) A person who is at least 16 years of age and otherwise meets
9all eligibility requirements to vote may submit his or her affidavit
10of registration as prescribed by this section. A properly executed
11registration made pursuant to this subdivision shall be deemed
12effective as of the date the affiant will be 18 years of age, if the
13information in the affidavit of registration is still current at that
14time. If the information provided by the affiant in the affidavit of
15registration is not current at the time that the registration would
16otherwise become effective, for his or her registration to become
17effective, the affiant shall provide the current information to the
18proper county elections official as prescribed by this chapter.

19

SEC. 4.  

Section 2103 of the Elections Code is amended to read:

20

2103.  

(a) It is the intent of the Legislature that the election
21board of each county, in order to promote and encourage voter
22registrations, shall establish a sufficient number of registration
23places throughout the county, and outside the county courthouse,
24for the convenience of persons desiring to register, to the end that
25registration may be maintained at a high level.

26(b) It is also the intent of the Legislature that county elections
27officials, in order to promote and encourage voter registrations,
28shall enlist the support and cooperation of interested citizens and
29organizations, and shall deputize as registrars qualified citizens in
30such a way as tobegin delete reachend delete most effectivelybegin insert reachend insert every resident of
31the county. The persons so deputized shall be permitted to register
32voters anywhere within the county, including at the places of
33residence of the persons to be registered, and the county elections
34official shall not deny deputy registrars the right to register voters
35anywhere in the county.

36(c) It is also the intent of the Legislature that
37non-English-speaking citizens, like all other citizens, should be
38encouraged to vote. Therefore, appropriate efforts should be made
39to minimize obstacles to registration by citizens who lack sufficient
40skill in English to register without assistance.

P5    1(d) Where the county elections official finds that citizens
2described in subdivision (c) approximate 3 percent or more of the
3voting age residents of a precinct, orbegin delete in the event thatend deletebegin insert ifend insert interested
4citizens or organizations provide informationbegin delete whichend deletebegin insert thatend insert the county
5elections official believes indicates a need for registration
6assistance for qualified citizens described in subdivision (c), the
7county elections official shall make reasonable efforts to recruit
8deputy registrars who are fluent in a language used by citizens
9described in subdivision (c) and in English. That recruitment shall
10be conducted through the cooperation of interested citizens and
11organizations and through voluntarily donated public service
12notices in the media, including newspapers, radio, and television,
13particularly those media that serve the non-English-speaking
14citizens described in subdivision (c). Deputy registrars so appointed
15shall facilitate registration in the particular precincts concerned
16and shall have the right to register voters anywhere in the county.

17(e) In furtherance of the purposes of this section, the governing
18board of any county, city, city and county, district, or other public
19agency may authorize and assign any of its officers or employees
20to become deputy registrars of voters and to register qualified
21citizens on any premises and facilities owned or controlled by
22those public agencies during the regular working hours of the
23officers or employees. With the exception of firefighters, any
24compensation to which the officer or employee may be entitled in
25payment for the services of the officer or employee as a deputy
26registrar may be paid by the authority that appointed the officer
27or employee as a deputy registrar to the public agency that regularly
28employs the officer or employee.

29(f) It is the intent of the Legislature that no limitation be imposed
30on the number of persons appointed to act as deputy registrars of
31voters.

32(g) It is the intent of the Legislature that county elections
33officials be permitted to distribute affidavits of registration and
34voter registration cards, in all languages required by Section 203
35begin delete (42 U.S.C. Sec. 1973aa-1a)end deletebegin insert (52 U.S.C. Sec. 10503)end insert or Section
364(f)(4)begin delete (42 U.S.C. Sec. 1973b(f)(4))end deletebegin insert (52 U.S.C. Sec. 10303(f)(4))end insert
37 of the federal Voting Rights Act of 1965, by using the county’s
38Internet Web site.

P6    1

SEC. 5.  

Section 2107 of the Elections Code, as amended by
2Section 7 of Chapter 909 of the Statutes of 2014, is amended to
3read:

4

2107.  

(a) Except as provided in subdivision (b), the county
5elections official shall accept affidavits of registration at all times
6except during the 14 days immediately preceding an election, when
7registration shall cease for that election as to electors residing in
8the territory within which the election is held. Transfers of
9registration for an election may be made from one precinct to
10another precinct in the same county at any time registration is in
11progress in the precinct to which the elector seeks to transfer.

12(b) The county elections official shall accept an affidavit of
13registration executed as part of a voter registration card in the
14forthcoming election if the affidavit is executed on or before the
1515th daybegin delete prior toend deletebegin insert beforeend insert the election, and if any of the following
16apply:

17(1) The affidavit is postmarked on or before the 15th daybegin delete prior
18toend delete
begin insert beforeend insert the election and received by mail by the county elections
19official.

20(2) The affidavit is submitted to the Department of Motor
21Vehicles or accepted by any other public agency designated as a
22voter registration agency pursuant to the federal National Voter
23Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
2420501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

25(3) The affidavit is delivered to the county elections official by
26means other than those described in paragraphs (1) and (2) on or
27before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

28(4) The affidavit is submitted electronically on the Internet Web
29site of the Secretary of State pursuant to Section 2196 on or before
30the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

31

SEC. 6.  

Section 2107 of the Elections Code, as amended by
32Section 8 of Chapter 909 of the Statutes of 2014, is amended to
33read:

34

2107.  

(a) Except as provided in subdivision (b) and Article
354.5 (commencing with Section 2170), the county elections official
36shall accept affidavits of registration at all times except during the
3714 days immediately preceding an election, when registration shall
38cease for that election as to electors residing in the territory within
39which the election is held. Transfers of registration for an election
40may be made from one precinct to another precinct in the same
P7    1county at any time registration is in progress in the precinct to
2which the elector seeks to transfer.

3(b) The county elections official shall accept an affidavit of
4registration executed as part of a voter registration card in the
5forthcoming election if the affidavit is executed on or before the
615th daybegin delete prior toend deletebegin insert beforeend insert the election, and if any of the following
7apply:

8(1) A mailed affidavit is postmarked on or before the 15th day
9begin delete prior toend deletebegin insert beforeend insert the election and received by mail by the county
10elections official before the close of the polls on election day.

11(2) The affidavit is submitted to the Department of Motor
12Vehicles or accepted by any other public agency designated as a
13voter registration agency pursuant to the federal National Voter
14Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
1520501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

16(3) The affidavit is delivered to the county elections official by
17means other than those described in paragraphs (1) and (2) on or
18before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

19(4) The affidavit is submitted electronically on the Internet Web
20site of the Secretary of State pursuant to Section 2196 on or before
21the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

22

SEC. 7.  

Section 2119 of the Elections Code is amended to read:

23

2119.  

(a) In lieu of executing a new affidavit of registration
24for a change of address within the county the county elections
25official shall accept a notice or letter of the change of address
26signed by a voter as he or she is registered.

27(b) The county elections official shall accept a notification for
28the forthcoming election and shall change the address on the voter’s
29affidavit of registration accordingly if the notification is executed
30on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election and if any of
31the following apply:

32(1) The notification is postmarked on or before the 15th day
33begin delete prior toend deletebegin insert beforeend insert the election and received by mail by the county
34elections official.

35(2) The notification is submitted to the Department of Motor
36Vehicles or accepted by any other public agency designated as a
37voter registration agency pursuant to the National Voter
38Registration Act of 1993begin delete (42 U.S.C. Sec. 1973gg) prior toend deletebegin insert (52
39U.S.C. Sec. 20501) beforeend insert
the election.

P8    1(3) The notification is delivered to the county elections official
2by means other than those described in paragraphs (2) and (3) on
3or before the 14th daybegin delete prior toend deletebegin insert beforeend insert the election.

4

SEC. 8.  

Section 2142 of the Elections Code is amended to read:

5

2142.  

(a) If the county elections official refuses to registerbegin delete anyend delete
6begin insert aend insert qualified elector in the county, the elector may proceed by action
7in the superior court to compel his or her registration. In an action
8under this section, as many persons may join as plaintiffs as have
9causes of action.

10(b) If the county elections official has not registeredbegin delete anyend deletebegin insert aend insert
11 qualified elector who claims to have registered to vote through the
12Department of Motor Vehicles or any other public agency
13designated as a voter registration agency pursuant to the National
14Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973gg),end deletebegin insert (52 U.S.C.
15Sec. 20501),end insert
the elector may proceed by action in the superior
16court to compel his or her registration. In an action under this
17section, as many persons may join as plaintiffs as have causes of
18action.

19(c) No fee shall be charged by the clerk of the court for services
20rendered in an action under this section.

21

SEC. 9.  

Section 2155 of the Elections Code is amended to read:

22

2155.  

Upon receipt of a properly executed affidavit of
23registration or address correction notice or letter pursuant to Section
242119, Article 2 (commencing with Section 2220), or the National
25Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973gg),end deletebegin insert (52 U.S.C.
26Sec. 20501),end insert
the county elections official shall send the voter a
27voter notification by nonforwardable, first-class mail, address
28correction requested. The voter notification shall state the party
29preference for which the voter has registered in the following
30format:

31Party: (Name of political party)

32The voter notification shall be substantially in the following
33form:

3435VOTER NOTIFICATION
36

37You are registered to vote. The party preference you chose, if
38any, is on this card. This card is being sent as a notification of:

391. Your recently completed affidavit of registration.

P9    1OR,
2

32. A change to your registration because of an official notice
4that you have moved. If your residence address has not changed
5or if your move is temporary, please call or write to our office
6immediately.

78OR,
9

103. Your recent registration with a change in party preference.
11If this change is not correct, please call or write to our office
12immediately.


13

 

   

P9   1521P9   24

 

16You may vote in any election held 15 or more days after the date
17on this card.

18Your name will appear on the index kept at the polls.

19Please contact our office if the information shown on the reverse
20side of this card is incorrect.

 

   

(Signature of Voter)

P9   24

 

25

SEC. 10.  

Section 2158 of the Elections Code is amended to
26read:

27

2158.  

In addition to registration conducted by deputy registrars
28of voters, the county elections official shall do all of the following:

29(a) Provide voter registration cards designed pursuant to
30subdivision (a) of Section 2157 for the registration of voters at his
31or her office and in a sufficient number of locations throughout
32the county for the convenience of persons desiring to register, to
33the end that registration may be maintained at a high level. The
34cards shall be available in all languages required by Section 203
35begin delete (42 U.S.C. Sec. 1973aa-1a)end deletebegin insert (52 U.S.C. Sec. 10503)end insert or Section
364(f)(4)begin delete (42 U.S.C. Sec. 1973b(f)(4))end deletebegin insert (52 U.S.C. 10303(f)(4))end insert of the
37federal Voting Rights Act of 1965.

38(b) Provide voter registration cards designed pursuant to
39subdivision (a) of Section 2157 in sufficient quantities to any
40individuals or organizations that wish to distribute the cards other
P10   1than to persons who have been convicted of violating this section
2within the last five years. Individuals and organizationsbegin delete shall be
3permitted toend delete
begin insert mayend insert distribute voter registration cards anywhere within
4the county.

5(1) An individual or organization that distributes voter
6registration cards designed pursuant to subdivision (a) of Section
72157 shall obtain the voter registration cards from the county
8 elections official or the Secretary of State. The individual or
9organization shall comply with all applicable regulations
10established by the Secretary of State when distributing the cards.

11(2) If, after completing his or her voter registration card, an
12elector entrusts it to another person, the latter shall sign and date
13the attached, numbered receipt indicating his or her address and
14telephone number, if any, and give the receipt to the elector. Failure
15to comply with this paragraph shall not cause the invalidation of
16the registration of a voter.

17(3) An individual or organization that distributes voter
18registration cards designed pursuant to subdivision (a) of Section
192157 shall give a voter registration card to any elector requesting
20begin delete it, provided thatend deletebegin insert it ifend insert the individual or organization has a sufficient
21number of cards.

22(4) If distribution of voter registration cards pursuant to this
23subdivision is undertaken by mailing cards to persons who have
24not requested the cards, the person mailing the cards shall enclose
25a cover letter or other notice with each card instructing the
26recipients to disregard the cards if they are currently registered
27voters.

28(c) Mail a voter registration card immediately to a person who
29wishes to register to vote and requests a voter registration card.

30

SEC. 11.  

Section 2162 of the Elections Code is amended to
31read:

32

2162.  

(a) No affidavits of registration other than those provided
33by the Secretary of State to the county elections officials or the
34national voter registration forms authorized pursuant to the federal
35National Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend delete
36begin insert (52 U.S.C. Sec. 20501end insert et seq.) shall be used for the registration of
37voters.

38(b) A voter registration card shall not be altered, defaced, or
39changed in any way, other than by the insertion of a mailing
40address and the affixing of postage, if mailed, or as otherwise
P11   1specifically authorized by the Secretary of State,begin delete prior toend deletebegin insert beforeend insert
2 distribution of the cards.

3(c) The affidavit portion of a voter registration card shall not
4be marked, stamped, or partially or fully completed by a person
5other than an elector attempting to register to vote or by a person
6assisting the elector in completing the affidavit at the request of
7the elector.

8

SEC. 12.  

Section 2194 of the Elections Code is amended to
9read:

10

2194.  

(a) Except as provided in Section 2194.1, the affidavit
11of voter registration information identified in Section 6254.4 of
12the Government Code:

13(1) Shall be confidential and shall not appear on any computer
14terminal, list, affidavit, duplicate affidavit, or other medium
15routinely available to the public at the county elections official’s
16office.

17(2) Shall not be used for any personal, private, or commercial
18purpose, including, but not limited to:

19(A) The harassment of any voter or voter’s household.

20(B) The advertising, solicitation, sale, or marketing of products
21or services to any voter or voter’s household.

22(C) Reproduction in print, broadcast visual or audio, or display
23on the Internet or any computer terminal unless pursuant to
24paragraph (3).

25(3) Shall be provided with respect to any voter, subject to the
26provisions of Sections 2166.5, 2166.7, and 2188, to any candidate
27for federal, state, or local office, to any committee for or against
28any initiative or referendum measure for which legal publication
29is made, and to any person for election, scholarly, journalistic, or
30political purposes, or for governmental purposes, as determined
31by the Secretary of State.

32(b) (1) Notwithstanding any other law, the California driver’s
33license number, the California identification card number, the
34social security number, and any other unique identifier used by
35the State of California for purposes of voter identification shown
36on the affidavit of voter registration of a registered voter, or added
37to voter registration records to comply with the requirements of
38the federal Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end delete
39begin insert (52 U.S.C. Sec. 20901end insert et seq.), are confidential and shall not be
40disclosed to any person.

P12   1(2) Notwithstanding any other law, the signature of the voter
2shown on the affidavit of voter registration is confidential and shall
3not be disclosed to any person, except as provided in subdivision
4(c).

5(c) (1) The home address or signature of any voter shall be
6released whenever the person’s vote is challenged pursuant to
7Sections 15105 to 15108, inclusive, or Article 3 (commencing
8with Section 14240) of Chapter 3 of Division 14. The address or
9signature shall be released only to the challenger, to elections
10officials, and to other persons as necessary to make, defend against,
11or adjudicate the challenge.

12(2) An elections official shall permit a person to view the
13 signature of a voter for the purpose of determiningbegin delete whetherend deletebegin insert ifend insert the
14signature matches a signature on an affidavit of registration or a
15petition, but shall not permit a signature to be copied.

16(d) A governmental entity, or officer or employeebegin delete thereof,end deletebegin insert of a
17governmental entity,end insert
shall not be held civilly liable as a result of
18disclosure of the information referred to in this section, unless by
19a showing of gross negligence or willfulness.

20(e) Forbegin delete theend delete purposes of this section, “voter’s household” is
21defined as the voter’s place of residence or mailing address or any
22persons who reside at the place of residence or use the mailing
23 address as supplied on the affidavit of registration pursuant to
24paragraphs (3) and (4) of subdivision (a) of Section 2150.

25

SEC. 13.  

Section 2196 of the Elections Code is amended to
26read:

27

2196.  

(a) (1) Notwithstanding any otherbegin delete provision ofend delete law, a
28person who is qualified to register to vote and who has a valid
29California driver’s license or state identification card may submit
30an affidavit of voter registration electronically on the Internet Web
31site of the Secretary of State.

32(2) An affidavit submitted pursuant to this section is effective
33upon receipt of the affidavit by the Secretary of State if the affidavit
34is received on or before the last day to register for an election to
35be held in the precinct of the person submitting the affidavit.

36(3) The affiant shall affirmatively attest to the truth of the
37information provided in the affidavit.

38(4) For voter registration purposes, the applicant shall
39affirmatively assent to the use of his or her signature from his or
40her driver’s license or state identification card.

P13   1(5) For each electronic affidavit, the Secretary of State shall
2obtain an electronic copy of the applicant’s signature from his or
3her driver’s license or state identification card directly from the
4Department of Motor Vehicles.

5(6) The Secretary of State shall require a person who submits
6an affidavit pursuant to this section to submit all of the following:

7(A) The number from his or her California driver’s license or
8state identification card.

9(B) His or her date of birth.

10(C) The last four digits of his or her social security number.

11(D) Any other information the Secretary of State deems
12necessary to establish the identity of the affiant.

13(7) Upon submission of an affidavit pursuant to this section, the
14electronic voter registration system shall provide for immediate
15verification of both of the following:

16(A) That the applicant has a California driver’s license or state
17identification card and that the number for that driver’s license or
18identification card provided by the applicant matches the number
19for that person’s driver’s license or identification card that is on
20file with the Department of Motor Vehicles.

21(B) That the date of birth provided by the applicant matches the
22date of birth for that person that is on file with the Department of
23Motor Vehicles.

24(8) The Secretary of State shall employ security measures to
25ensure the accuracy and integrity of voter registration affidavits
26submitted electronically pursuant to this section.

27(b) The Department of Motor Vehicles shallbegin delete utilizeend deletebegin insert useend insert the
28electronic voter registration system required by this section to
29comply with its duties and responsibilities as a voter registration
30agency pursuant to the federal National Voter Registration Act of
311993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec. 20501end insert et seq.).

32(c) The Department of Motor Vehicles and the Secretary of
33State shall develop a process and the infrastructure to allow the
34electronic copy of the applicant’s signature and other information
35required under this section that is in the possession of the
36department to be transferred to the Secretary of State and to the
37county election management systems to allow a person who is
38qualified to register to vote in California to register to vote under
39this section.

P14   1(d) If an applicant cannot electronically submit the information
2required pursuant to paragraph (6) of subdivision (a), he or she
3shall nevertheless be able to complete the affidavit of voter
4registration electronically on the Secretary of State’s Internet Web
5site, print a hard copy of the completed affidavit, and mail or
6deliver the hard copy of the completed affidavit to the Secretary
7of State or the appropriate county elections official.

8(e) This chapter shall become operative upon the date that either
9of the following occurs:

10(1) The Secretary of State certifies that the state has a statewide
11voter registration database that complies with the requirements of
12the federal Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end delete
13begin insert (52 U.S.C. Sec. 20901end insert et seq.).

14(2) The Secretary of State executes a declaration stating that all
15of the following conditions have occurred:

16(A) The United States Election Assistance Commission has
17approved the use of the federal Help America Vote Act of 2002
18begin delete (42 U.S.C. Sec. 15301)end deletebegin insert (52 U.S.C. Sec. 20901)end insert funding to provide
19online voter registration in advance of the deployment of the
20statewide voter registration database or other federal funding is
21available and approved for the same purpose.

22(B) The Department of Motor Vehicles and the Secretary of
23State have developed a process and the infrastructure necessary
24to implement paragraph (5) of subdivision (a).

25(C) All county election management systems have been modified
26to receive and store electronic voter registration information
27received from the Secretary of State in order to allow a person
28who is qualified to register to vote in California to register to vote
29under this section.

30(f) For purposes of implementing this chapter as expeditiously
31as possible, if it becomes operative pursuant to paragraph (2) of
32subdivision (e), the Secretary of State’s office shall be exempt
33from information technology requirements included in Sections
3411545, 11546, and 11547 of the Government Code and Section
3512100 of the Public Contract Code, and from information
36technology project and funding approvals included in any other
37begin delete provision ofend delete law.

38

SEC. 14.  

Section 2250 of the Elections Code is amended to
39read:

P15   1

2250.  

On and after July 1, 2007, in any document mailed by a
2state agency that offers a person the opportunity to register to vote
3pursuant to the National Voter Registration Act of 1993begin delete (42 U.S.C.
4Sec. 1973gg),end delete
begin insert (52 U.S.C. Sec. 20501)end insert that state agency shall include
5a notice informing prospective voters that if they have not received
6voter registration information within 30 days of requesting it, they
7should contact their local elections office or the office of the
8Secretary of State.

9

SEC. 15.  

Section 2400 of the Elections Code is amended to
10read:

11

2400.  

It is the intent of the Legislature, in enacting this chapter,
12to facilitate compliance with the requirements set forth in the
13federal National Voter Registration Act of 1993begin delete (42 U.S.C. Sec.
141973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.) relating to voter registration
15services.

16

SEC. 16.  

Section 2401 of the Elections Code is amended to
17read:

18

2401.  

For purposes of this chapter, the following terms have
19the following meanings:

20(a) “Voter preference form” means the form described in Section
21begin delete 1973gg-5(a)(6)(B) of Title 42end deletebegin insert 20506(a)(6)(B) of Title 52end insert of the
22United States Code.

23(b) “Voter registration agency” means either of the following:

24(1) A department, division, or office of state or local
25government, or a program supported by state funds, that is
26designated by executive order of the Governor or pursuant to the
27federal National Voter Registration Act of 1993begin delete (42 U.S.C. Sec.
281973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.) as a voter registration
29agency.

30(2) A private entity under contract with a designated voter
31registration agency to provide services or assistance on behalf of
32the designated voter registration agency.

33

SEC. 17.  

Section 2402 of the Elections Code is amended to
34read:

35

2402.  

(a) The Secretary of State is the chief state elections
36official responsible for coordination of the state’s responsibilities
37under the federal National Voter Registration Act of 1993begin delete (42
38U.S.C. Sec. 1973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.).

39(b) The Secretary of State shall adopt such regulations as are
40necessary to implement this chapter and the federal National Voter
P16   1Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
220501end insert
et seq.).

3

SEC. 18.  

Section 2403 of the Elections Code is amended to
4read:

5

2403.  

(a) A voter registration agency shall comply with the
6applicable duties and responsibilities of a voter registration agency
7set forth in the federal National Voter Registration Act of 1993
8begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec. 20501end insert et seq.).

9(b) A voter registration agency, with each application for service
10or assistance and with each recertification, renewal, or change of
11address form relating to the service or assistance, and in accordance
12with the federal National Voter Registration Act of 1993begin delete (42 U.S.C.
13Sec. 1973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.), shall provide to an
14applicant all of the following:

15(1) A voter preference form.

16(2) A voter registration card, unless the applicant, in writing,
17declines to register to vote.

18(3) Assistance in completing the voter registration card, unless
19the applicant refuses the assistance.

20(c) For purposes of subdivision (b), an applicant’s failure to
21respond to the question of whether he or she would like to register
22to vote does not constitute a declination to register.

23

SEC. 19.  

Section 2404 of the Elections Code is amended to
24read:

25

2404.  

(a) The Secretary of State shall do all of the following:

26(1) Coordinate with each county elections official and voter
27registration agency to implement this chapter.

28(2) Prepare written training materials that describe the
29responsibilities of a county elections official and voter registration
30agency pursuant to this chapter and the federal National Voter
31Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
3220501end insert
et seq.).

33(3) Contact a voter registration agency if the agency is not
34complying with the requirements of this chapter and the federal
35National Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend delete
36begin insert (52 U.S.C. Sec. 20501end insert et seq.).

37(4) Coordinate with each state agency that evaluates the
38performance of an agency designated as a voter registration agency,
39including doing both of the following:

P17   1(A) Communicate to the state agency the requirements of, and
2best practices for complying with, this chapter and the federal
3National Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend delete
4begin insert (52 U.S.C. Sec. 20501end insert et seq.).

5(B) Assist the state agency in its effort to help a voter registration
6agency comply with the requirements of this chapter or the federal
7National Voter Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend delete
8begin insert (52 U.S.C. Sec. 20501end insert et seq.).

9(b) The Secretary of State may do any of the following:

10(1) Conduct a review of a voter registration agency’s compliance
11with the requirements of this chapter or the federal National Voter
12Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
1320501end insert
et seq.).

14(2) Conduct a review of a county elections official’s compliance
15with the requirements of this chapter or the federal National Voter
16Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
1720501end insert
et seq.) if the county elections official fails to timely submit
18a report pursuant to Section 2407, or if a report indicates that the
19county elections official is not complying with the requirements
20of this chapter or the federal National Voter Registration Act of
211993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec. 20501end insert et seq.).

22(3) Post the results of a review conducted pursuant to this
23subdivision on the Secretary of State’s Internet Web site.

24

SEC. 20.  

Section 2405 of the Elections Code is amended to
25read:

26

2405.  

(a) A county elections official shall be responsible for
27coordinating with the Secretary of State and each applicable voter
28registration agency within the county to administer the voter
29registration services required pursuant to this chapter and the
30federal National Voter Registration Act of 1993begin delete (42 U.S.C. Sec.
311973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.).

32(b) The county elections official shall do all of the following:

33(1) Provide voter registration cards to a voter registration agency
34upon request of the voter registration agency.

35(2) Maintain a record of the number of voter registration cards
36provided to and received from each voter registration agency, and
37each office or sitebegin delete thereof.end deletebegin insert of the voter registration agency.end insert

38(3) Assist a voter registration agency, upon request, in
39conducting a training program for its employees based on the
40training materials prepared by the Secretary of State on the
P18   1requirements of this chapter and the federal National Voter
2Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
320501end insert
et seq.).

4

SEC. 21.  

Section 2406 of the Elections Code is amended to
5read:

6

2406.  

(a) A voter registration agency shall do all of the
7following:

8(1) Notify the county elections official of each applicable county
9of the location of each of the voter registration agency’s offices
10or sites within the county.

11(2) Designate an agency employee to be responsible for the
12agency’s compliance with this section.

13(3) Request voter registration cards from the applicable county
14elections official, as needed.

15(4) Take steps to ensure that the voter registration agency, and
16each office or sitebegin delete thereof,end deletebegin insert of the voter registration agency,end insert has a
17sufficient supply of voter preference forms and voter registration
18cards available, including voter preference forms and voter
19registration cards in all languages required by Section 203begin delete (42
20U.S.C. Sec. 1973aa-1a)end delete
begin insert (52 U.S.C. Sec. 10503)end insert or Section 4(f)(4)
21begin delete (42 U.S.C. Sec. 1973b(f)(4))end deletebegin insert (52 U.S.C. Sec. 10303(f)(4))end insert of the
22federal Voting Rights Act of 1965.

23(5) Ensure that each employee of the voter registration agency
24who may provide voter registration services completes, at least
25once per year, a training based on the training materials prepared
26by the Secretary of State on the requirements of this chapter and
27the federal National Voter Registration Act of 1993 begin delete (42 U.S.C.
28Sec. 1973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.). The voter registration
29agency may incorporate this training into any other training
30program provided by the voter registration agency for its
31employees.

32(b) A voter registration agency may conduct a review of the
33agency, or an office or site of the agency, as necessary, to ensure
34compliance with this chapter and the federal National Voter
35Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
3620501end insert
et seq.).

37

SEC. 22.  

Section 2408 of the Elections Code is amended to
38read:

39

2408.  

(a) A voter registration agency that allows a person to
40apply online for service or assistance, or to submit a recertification,
P19   1renewal, or change of address form relating to the service or
2assistance online, shall implement a process and infrastructure that
3allows an applicant to electronically submit a voter preference
4form to the voter registration agency, and to submit an affidavit
5of voter registration electronically on the Internet Web site of the
6Secretary of State in accordance with Chapter 2.5 (commencing
7with Section 2196).

8(b) If a person indicates on his or her electronic voter preference
9form that he or she would like to register to vote, the person shall
10be informed that he or she may register to vote through one of the
11following options, if applicable:

12(1) Submit an affidavit of voter registration electronically on
13the Secretary of State’s Internet Web site pursuant to subdivision
14(a) of Section 2196.

15(2) Complete an affidavit of voter registration electronically on
16the Secretary of State’s Internet Web site, print a hard copy of the
17completed affidavit, and mail or deliver the hard copy of the
18completed affidavit to the Secretary of State or the appropriate
19county elections official pursuant to subdivision (d) of Section
202196.

21(c) A voter registration agency may take steps to ensure that the
22information entered into a person’s electronic application for
23service or assistance, or his or her electronic recertification,
24renewal, or change of address form relating to the service or
25assistance, will be automatically transferred to the electronic
26affidavit of voter registration if the person indicates that he or she
27would like to register to vote.

28(d) The Secretary of State shall take steps to ensure that the
29electronic affidavit of voter registration is available, and may be
30electronically submitted and verified, in all languages in which a
31county is required to provide voting materials pursuant to Section
32203begin delete (42 U.S.C. Sec. 1973aa-1a)end deletebegin insert (52 U.S.C. Sec. 10503)end insert or Section
334(f)(4)begin delete (42 U.S.C. Sec. 1973b(f)(4))end deletebegin insert (52 U.S.C. Sec. 10303(f)(4))end insert
34 of the federal Voting Rights Act of 1965.

35

SEC. 23.  

Section 3019.5 of the Elections Code is amended to
36read:

37

3019.5.  

(a) A county elections official shall establish a free
38access system that allows a vote by mail voter to learnbegin delete whetherend deletebegin insert ifend insert
39 his or her vote by mail ballot was counted and, if not, the reason
40why the ballot was not counted. For each election, the elections
P20   1official shall make the free access system available to a vote by
2mail voter upon completion of the official canvass and for 30 days
3begin delete thereafter.end deletebegin insert after completion of the official canvas.end insert

4(b) For purposes of establishing the free access system for vote
5by mail ballots required by subdivision (a), a county elections
6official may use the free access system for provisional ballots
7established by the county pursuant to Section 302 of the federal
8Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15482).end deletebegin insert (52 U.S.C.
9Sec. 21082).end insert

10(c) If a county elections official elects not to mail a sample ballot
11to a voter pursuant to Section 13305, the elections official shall
12use any savings achieved to offset the costs associated with
13establishing the free access system for vote by mail ballots required
14by subdivision (a).

15

SEC. 24.  

Section 3114 of the Elections Code is amended to
16read:

17

3114.  

(a) For an election for which this state has not received
18a waiver pursuant to the Military and Overseas Voter
19Empowerment Actbegin delete (42 U.S.C. Sec. 1973ffend deletebegin insert (52 U.S.C. Sec. 20301end insert
20 et seq.), not sooner than 60 days but not later than 45 days before
21the election, the elections official shall transmit a ballot and
22balloting materials to each military or overseas voter who by that
23date submits a valid ballot application pursuant to Section 3102.

24(b) If a valid ballot application from a military or overseas voter
25arrives after the 45th day before the election, the elections official
26charged with distributing a ballot and balloting materials to that
27voter shall transmit them to the voter as soon as practicable after
28the application arrives.

29

SEC. 25.  

Section 4000.5 of the Elections Code is amended to
30read:

31

4000.5.  

(a) Notwithstanding Section 4000 or any other law,
32as a pilot program, an all-mailed ballot special election or special
33consolidated election in San Diego County may be conducted to
34fill a vacancy in a congressional or legislative office if all of the
35following apply:

36(1) The congressional or legislative district lies wholly within
37San Diego County.

38(2) The Board of Supervisors of San Diego County, by
39resolution, authorizes the use of mailed ballots for the election.

P21   1(3) The election does not occur on the same date as a statewide
2direct primary election, statewide general election, or any other
3election conducted in an overlapping jurisdiction that is not
4consolidated and conducted wholly by mail.

5(4) (A) If the boundaries of the congressional or legislative
6district overlap with the boundaries of a city, at least one ballot
7dropoff location is provided per city and is open during business
8hours to receive voted ballots beginning not less than seven days
9before the date of the election.

10(B) The number of dropoff locations in unincorporated areas
11shall be based on the number of unincorporated registered voters
12divided by 100,000 (rounded to the next whole number) with no
13less than one location to be selected.

14(C) A ballot dropoff location provided for under this section
15shall consist of a locked ballot box located in a secure public
16building that meets the accessibility requirements for a polling
17place.

18(5) On at least one Saturday and Sunday on or after the date the
19county elections official first delivers ballots to voters, the elections
20official allows any voter to vote the ballot at a satellite location
21within the congressional or legislative district pursuant to Section
223018. The elections official shall determine the hours of operation
23for each Saturday and Sunday, provided that the satellite location
24shall be open to voters for a minimum of six hours on each
25designated Saturday and Sunday.

26(6) (A) At least one polling place is provided per city or the
27polling places are fixed in a manner so that there is one polling
28place for every 10,000 registered voters within the congressional
29or legislative district, as determined on the 88th daybegin delete prior toend deletebegin insert beforeend insert
30 the day of the election, whichever results in more polling places.
31A polling place shall allow a voter to request and vote a ballot
32between 7 a.m. and 8 p.m. on the day of the election.

33(B) The polling places provided under this section shall be
34established in accordance with the accessibility requirements
35described in Article 5 (commencing with Section 12280) of Chapter
363 of Division 12, the federal Americans with Disabilities Act of
371990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
38Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end deletebegin insert (52 U.S.C. Sec. 20901end insert et
39seq.), and the federal Voting Rights Act of 1965begin delete (42 U.S.C. Sec.
401971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.), and shall, to the extent
P22   1possible, ensure that access is evenly distributed throughout the
2congressional or legislative district.

3(C) The polling places provided under this section shall be
4established at accessible locations and shall be equipped with
5voting units or systems that are accessible to individuals with
6disabilities and that provide the same opportunity for access and
7participation as is provided to voters who are not disabled,
8including the ability to vote privately and independently in
9accordance with Sections 12280 and 19240.

10(D) If a polling place consolidates one or more precincts for
11which the county elections official is required to recruit precinct
12board members who are fluent in a language in addition to English
13pursuant to subdivision (c) of Section 12303 or the federal Voting
14Rights Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert
15 et seq.), the elections official shall make reasonable efforts to
16ensure that the polling place is staffed by precinct board members
17who speak those languages.

18(7) (A) The county elections official delivers to each voter all
19supplies necessary for the use and return of the mail ballot,
20including an envelope for the return of the voted mail ballot with
21postage prepaid.

22(B) The county elections official delivers to each voter, with
23either the sample ballot sent pursuant to Section 13303 or with the
24voter’s ballot, all of the following:

25(i) A notice, translated in all languages required under
26subdivision (c) of Section 14201 and Section 203 of the federal
27Voting Rights Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec.
2810101end insert
et seq.), that informs voters of all of the following:

29(I) An all-mailed ballot election is being conducted and each
30eligible voter will receive a ballot by mail.

31(II) The voter may cast a ballot in person at a satellite location
32provided for under paragraph (5) or at a polling place on election
33day.

34(III) The voter may request the county elections official to send
35a vote by mail ballot in a language other than English pursuant to
36Section 203 of the federal Voting Rights Act of 1965begin delete (42 U.S.C.
37Sec. 1971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.) or a facsimile copy of
38the ballot printed in other languages pursuant to Section 14201.

39(ii) A list of the ballot dropoff locations, satellite locations, and
40polling places established pursuant to this section. The list shall
P23   1also be posted on the Internet Web site of the county elections
2official.

3(iii) A postage-paid postcard that the voter may return to the
4county elections official for the purpose of requesting a vote by
5mail ballot in a language other than English.

6(8) (A) The county elections official submits to the Secretary
7of State a voter education and outreach plan to be implemented
8by the county for any election conducted pursuant to this section.
9The voter education and outreach plan shall include, but shall not
10be limited to, all of the following:

11(i) One education and outreach meeting that shall include
12representatives, advocates, and other stakeholders representing
13each community for which the county is required to provide voting
14materials and assistance in other languages under subdivision (c)
15of Section 14201 and the federal Voting Rights Act of 1965begin delete (42
16U.S.C. Sec. 1971end delete
begin insert (52 U.S.C. Sec. 10101end insert et seq.).

17(ii) One education and outreach meeting that shall include
18representatives from community organizations and individuals
19that advocate on behalf of, or provide services to, individuals with
20disabilities.

21(iii) At least one bilingual voter education program for each
22language in which the county is required to provide voting
23materials and assistance under subdivision (c) of Section 14201
24and the federal Voting Rights Act of 1965begin delete (42 U.S.C. Sec. 1971end delete
25begin insert (52 U.S.C. Sec. 10101end insert et seq.).

26(iv) At least one voter education program to increase
27accessibility for participation of eligible voters with disabilities.

28(v) A toll-free voter assistance hotline maintained by the county
29elections official that shall be operational no later than the date
30that vote by mail ballots are mailed to voters until 5 p.m. on the
31day after the special election. The toll-free voter assistance hotline
32shall provide assistance to voters in all languages in which the
33county is required to provide voting materials and assistance under
34 subdivision (c) of Section 14201 and the federal Voting Rights
35Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert et seq.).

36(vi) At least one public service announcement in the media,
37including newspapers, radio, and television, that serve
38English-speaking citizens for purposes of informing voters of the
39upcoming election and promoting the toll-free voter assistance
40hotline.

P24   1(vii) At least one public service announcement in the media,
2including newspapers, radio, and television, that serve
3non-English-speaking citizens for each language in which the
4county is required to provide voting materials and assistance under
5subdivision (c) of Section 14201 and the federal Voting Rights
6Act of 1965begin delete (42 U.S.C. Sec. 1971end deletebegin insert (52 U.S.C. Sec. 10101end insert et seq.)
7for purposes of informing voters of the upcoming election and
8promoting the toll-free voter assistance hotline.

9(viii) A voter education social media strategy that is developed
10in partnership with community organizations and individuals that
11advocate on behalf of, or provide services to, non-English-speaking
12individuals and individuals with disabilities.

13(B) The voter education and outreach plan shall be posted on
14the Internet Web site of the Secretary of State and on the Internet
15Web site of the county elections official.

16(b) Except as otherwise provided in this section, the election
17day procedures shall be conducted in accordance with Division
1814 (commencing with Section 14000).

19(c) The county elections official may provide, at his or her
20discretion, additional ballot dropoff locations and polling places
21for purposes of this section.

22(d) The return of voted mail ballots is subject to Sections 3017
23and 3020.

24(e) (1) If the county conducts a special election pursuant to this
25section, it may process vote by mail ballot return envelopes
26beginning 29 days before the election. Processing vote by mail
27ballot return envelopes may include verifying the voter’s signature
28on the vote by mail ballot return envelope and updating voter
29history records.

30(2) If the county conducts a special election pursuant to this
31section, it may start to process vote by mail ballots on the 10th
32business day before the election. Processing vote by mail ballots
33includes opening vote by mail ballot return envelopes, removing
34ballots, duplicating any damaged ballots, and preparing the ballots
35to be machine read, or machine reading them, but under no
36circumstances shall a vote count be accessed or released until 8
37p.m. on the day of the election.

38(f) Results of any vote by mail ballot tabulation or count shall
39not be released before the close of the polls on the day of the
40election.

P25   1(g) For the sole purpose of reporting the results of an election
2conducted pursuant to this section, upon completion of the ballot
3count, the county elections official shall divide the jurisdiction
4into precincts pursuant to Article 2 (commencing with Section
512220) of Chapter 3 of Division 12 and shall prepare a statement
6of the results of the election in accordance with Sections 15373
7and 15374.

8(h) The county elections official shall compile an index, list, or
9file of all persons who voted in an election conducted pursuant to
10this section. If the elections official uses data-processing equipment
11to compile the index, list, or file, he or she shall retain an accurate
12copy of that index, list, or file in electronic format for a period of
1310 years.

14(i) (1) If an election is conducted pursuant to this section, San
15Diego County shall report to the Legislature and to the Secretary
16of State regarding the success of the election, including, but not
17limited to, any statistics on the cost to conduct the election; the
18turnout of different populations, including, but not limited to and
19to the extent possible, the population categories of race, ethnicity,
20language preference, age, gender, disability, permanent vote by
21mail status, and political party affiliation as it relates to the
22languages required under the federal Voting Rights Act ofbegin delete 1965;end delete
23begin insert 1965 (52 U.S.C. Sec. 10101 et seq.);end insert the number of ballots that
24were not counted and the reasons they were rejected; voter fraud;
25and any other problems that became known to the county during
26the election or canvass.

27(2) Whenever possible, using the criteria set forth in paragraph
28(1), the report shall compare the election conducted pursuant to
29this section to similar elections not conducted pursuant to this
30section in the same jurisdiction or comparable jurisdictions.

31(3) Within six months after the date of the election orbegin delete prior toend delete
32begin insert beforeend insert the date of a subsequent election conducted pursuant to this
33section, whichever is sooner, San Diego County shall do all of the
34following with respect to the report required by this subdivision:

35(A) Submit the report to the Legislature in compliance with
36Section 9795 of the Government Code.

37(B) Submit the report to the Secretary of State.

38(C) Post the report on the Internet Web site of the county
39elections official.

P26   1(j) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2020, deletes or extends that date.

4

SEC. 26.  

Section 9054 of the Elections Code is amended to
5read:

6

9054.  

(a) Whenever a city, county, or city and county is
7required by Section 203begin delete (42 U.S.C. Sec. 1973aa-1a)end deletebegin insert (52 U.S.C.
8Sec. 10503)end insert
or Section 4(f)(4)begin delete (42 U.S.C. Sec. 1973b(f)(4))end deletebegin insert (52
9U.S.C. Sec. 10303(f)(4))end insert
of the federal Voting Rights Act of 1965
10to provide a translation of ballot materials in a language other than
11English, the Secretary of State shall provide a translation of the
12ballot title and summary prepared pursuant to Sections 9050 and
139051 and of the ballot label prepared pursuant to Section 13247
14in that language to the city, county, or city and county for each
15state measure submitted to the voters in a statewide election not
16later than 68 daysbegin delete prior toend deletebegin insert beforeend insert that election.

17(b) When preparing a translation in a language other than
18English pursuant to subdivision (a), the Secretary of State shall
19consult with an advisory body consisting of language experts and
20nonpartisan organizations that advocate on behalf of, or provide
21services to, individuals that speak that language.

22(c) All translations prepared pursuant to this section shall be
23made available for public examination in the same time and manner
24as the ballot pamphlet is made available for public examination in
25accordance with Section 88006 of the Government Code and
26Section 9092 of this code.

27(d) The local elections official shall use that translation of the
28ballot label on the sample ballot and the official ballot and may
29not select or contract with another person to provide translations
30of the same text.

31

SEC. 27.  

Section 9094.5 of the Elections Code is amended to
32read:

33

9094.5.  

(a) The Secretary of State shall establish processes to
34enable a voter to do both of the following:

35(1) Opt out of receiving by mail the state ballot pamphlet
36prepared pursuant to Section 9081.

37(2) When the state ballot pamphlet is available, receive either
38the state ballot pamphlet in an electronic format or an electronic
39notification making the pamphlet available by means of online
40access.

P27   1(b) The processes described in subdivision (a) shall become
2effective only after the Secretary of State certifies that the state
3has a statewide voter registration database that complies with the
4federal Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end delete
5begin insert (52 U.S.C. Sec. 20901end insert et seq.).

6(c) The processes described in subdivision (a) shall not apply
7where two or more registered voters have the same postal address
8unless each voter who shares the same postal address has chosen
9to discontinue receiving the ballot pamphlet by mail.

10(d) The Secretary of State shall also establish a procedure to
11permit a voter to begin receiving the ballot pamphlet by mail again
12after the voter has discontinued receiving it pursuant to subdivision
13(a).

14

SEC. 28.  

Section 12309.5 of the Elections Code is amended
15to read:

16

12309.5.  

(a) No later than June 30, 2005, the Secretary of State
17shall adopt uniform standards for the training of precinct board
18members, based upon the recommendations of the task force
19appointed pursuant to subdivision (b). The uniform standards shall,
20at a minimum, address the following:

21(1) The rights of voters, including, but not limited to, language
22access rights for linguistic minorities, the disabled, and protected
23classes as referenced and defined in the federal Voting Rights Act
24begin delete (42 U.S.C. Sec. 1973end deletebegin insert (52 U.S.C. Sec. 10301end insert et seq.).

25(2) Election challenge procedures such as challenging precinct
26administrator misconduct, fraud, bribery, or discriminatory voting
27procedures as referenced and defined in the federal Voting Rights
28Actbegin delete (42 U.S.C. Sec. 1973end deletebegin insert (52 U.S.C. Sec. 10301end insert et seq.).

29(3) Operation of a jurisdiction’s voting system, including, but
30not limited to, modernized voting systems, touch-screen voting,
31and proper tabulation procedures.

32(4) Poll hours and procedures concerning the opening and
33closing of polling locations on election day. Procedures shall be
34developed that, notwithstanding long lines or delays at a polling
35location, ensure that all eligible voters who arrive at the polling
36locationbegin delete prior toend deletebegin insert beforeend insert closing time are allowed to cast a ballot.

37(5) Relevant election laws and any other subjects that will assist
38an inspector in carrying out his or her duties.

39(6) Cultural competency, including, but not limited to, having
40adequate knowledge of diverse cultures, including languages, that
P28   1may be encountered by a poll worker during the course of an
2election, and the appropriate skills to work with the electorate.

3(7) Knowledge regarding issues confronting voters who have
4disabilities, including, but not limited to, access barriers and the
5need for reasonable accommodations.

6(8) Procedures involved with provisional, fail-safe provisional,
7vote by mail, and provisional vote by mail voting.

8(b) The Secretary of State shall appoint a task force of at least
912 members who have experience in the administration of elections
10and other relevant backgrounds to study and recommend uniform
11guidelines for the training of precinct board members. The task
12force shall consist of the chief elections officer of the two largest
13counties, the two smallest counties, and two county elections
14officers selected by the Secretary of State, or their designees. The
15Secretary of State shall appoint at least six other members who
16have elections expertise, or their designees, including members of
17community-based organizations that may include citizens familiar
18with different ethnic, cultural, and disabled populations to ensure
19that the task force is representative of the state’s diverse electorate.
20The task force shall make its recommendations available for public
21review and commentbegin delete prior toend deletebegin insert beforeend insert the submission of the
22recommendations to the Secretary of State and the Legislature.

23(c) The task force shall file its recommendations with the
24Secretary of State and the Legislature no later than January 1,
252005.

26

SEC. 29.  

Section 13107 of the Elections Code is amended to
27read:

28

13107.  

(a) With the exception of candidates for Justice of the
29State Supreme Court or Court of Appeal, immediately under the
30name of each candidate, and not separated from the name by any
31line, unless the designation made by the candidate pursuant to
32Section 8002.5 must be listed immediately below the name of the
33candidate pursuant to Section 13105, and in that case immediately
34under the designation, may appear at the option of the candidate
35only one of the following designations:

36(1) Words designating the elective city, county, district, state,
37or federal office which the candidate holds at the time of filing the
38nomination documents to which he or she was elected by vote of
39the people, or to which he or she was appointed, in the case of a
40superior court judge.

P29   1(2) The word “incumbent” if the candidate is a candidate for
2the same office which he or she holds at the time of filing the
3nomination papers, and was elected to that office by a vote of the
4people, or, in the case of a superior court judge, was appointed to
5that office.

6(3) No more than three words designating either the current
7principal professions, vocations, or occupations of the candidate,
8or the principal professions, vocations, or occupations of the
9candidate during the calendar year immediately preceding the
10filing of nomination documents. For purposes of this section, all
11California geographical names shall be considered to be one word.
12Hyphenated words that appear in any generally available standard
13reference dictionary, published in the United States at any time
14within the 10 calendar years immediately preceding the election
15for which the words are counted, shall be considered as one word.
16Each part of all other hyphenated words shall be counted as a
17separate word.

18(4) The phrase “appointed incumbent” if the candidate holds
19an office other than a judicial office by virtue of appointment, and
20the candidate is a candidate for election to the same office, or, if
21the candidate is a candidate for election to the same office or to
22some other office, the word “appointed” and the title of the office.
23In either instance, the candidate may not use the unmodified word
24“incumbent” or any words designating the office unmodified by
25the word “appointed.” However, the phrase “appointed incumbent”
26shall not be required of a candidate who seeks reelection to an
27office which he or she holds and to which he or she was appointed,
28as a nominated candidate, in lieu of an election, pursuant to
29Sections 5326 and 5328 of the Education Code or Section 7228,
307423, 7673, 10229, or 10515 of this code.

31(b) Neither the Secretary of State nor any other elections official
32shall accept a designation of which any of the following would be
33true:

34(1) It would mislead the voter.

35(2) It would suggest an evaluation of a candidate, such as
36outstanding, leading, expert, virtuous, or eminent.

37(3) It abbreviates the word “retired” or places it following any
38word or words which it modifies.

P30   1(4) It uses a word or prefix, such as “former” or “ex-,” which
2means a prior status. The only exception is the use of the word
3“retired.”

4(5) It uses the name of any political party, whether or not it has
5qualified for the ballot.

6(6) It uses a word or words referring to a racial, religious, or
7ethnic group.

8(7) It refers to any activity prohibited by law.

9(c) If, upon checking the nomination documents and the ballot
10designation worksheet described in Section 13107.3, the elections
11official finds the designation to be in violation of any of the
12restrictions set forth in this section, the elections official shall
13notify the candidate by registered or certified mail return receipt
14requested, addressed to the mailing address provided on the
15candidate’s ballot designation worksheet.

16(1) The candidate shall, within three days, excluding Saturday,
17Sunday, and state holidays, from the date he or she receives notice
18by registered or certified mail, or from the date the candidate
19receives actual notice of the violation, whichever occurs first,
20appear before the elections official or, in the case of the Secretary
21of State, notify the Secretary of State by telephone, and provide a
22designation that complies with subdivision (a).

23(2) In the event the candidate fails to provide a designation that
24complies with subdivision (a) within the three-day period specified
25in paragraph (1), no designation shall appear after the candidate’s
26name.

27(d) No designation given by a candidate shall be changed by
28the candidate after the final date for filing nomination documents,
29except as specifically requested by the elections official as specified
30in subdivision (c) or as provided in subdivision (e). The elections
31official shall maintain a copy of the ballot designation worksheet
32for each candidate that appears on the ballot in the county for the
33same period of time as applied to nomination documents pursuant
34to Section 17100.

35(e) The designation shall remain the same for all purposes of
36both primary and general elections, unless the candidate, at least
3798 daysbegin delete prior toend deletebegin insert beforeend insert the general election, requests in writing a
38different designation which the candidate is entitled to use at the
39time of the request.

P31   1(f) In all cases, the words so used shall be printed in 8-point
2roman uppercase and lowercase type except that, if the designation
3selected is so long that it would conflict with the space
4requirements of Sections 13207 and 13211, the elections official
5shall use a type size for the designation for each candidate for that
6office sufficiently smaller to meet these requirements.

7(g) Whenever a foreign language translation of a candidate’s
8designation is required under the Voting Rights Act of 1965begin delete (42
9U.S.C. Sec. 1971),end delete
begin insert (52 U.S.C. Sec. 10101),end insert as amended, to appear
10on the ballot in addition to the English language version, it shall
11be as short as possible, as consistent as is practicable with this
12section, and shall employ abbreviations and initials wherever
13possible in order to avoid undue length.

14

SEC. 30.  

Section 14026 of the Elections Code is amended to
15read:

16

14026.  

As used in this chapter:

17(a) “At-large method of election” means any of the following
18methods of electing members to the governing body of a political
19subdivision:

20(1) One in which the voters of the entire jurisdiction elect the
21members to the governing body.

22(2) One in which the candidates are required to reside within
23given areas of the jurisdiction and the voters of the entire
24jurisdiction elect the members to the governing body.

25(3) One which combines at-large elections with district-based
26elections.

27(b) “District-based elections” means a method of electing
28members to the governing body of a political subdivision in which
29the candidate must reside within an election district that is a
30divisible part of the political subdivision and is elected only by
31voters residing within that election district.

32(c) “Political subdivision” means a geographic area of
33representation created for the provision of government services,
34including, but not limited to, a city, a school district, a community
35college district, or other district organized pursuant to state law.

36(d) “Protected class” means a class of voters who are members
37of a race, color or language minority group, as this class is
38referenced and defined in the federal Voting Rights Actbegin delete (42 U.S.C.
39Sec. 1973end delete
begin insert (52 U.S.C. Sec. 10301end insert et seq.).

P32   1(e) “Racially polarized voting” means voting in which there is
2a difference, as defined in case law regarding enforcement of the
3federal Voting Rights Actbegin delete (42 U.S.C. Sec. 1973end deletebegin insert (52 U.S.C. Sec.
410301end insert
et seq.), in the choice of candidates or other electoral choices
5that are preferred by voters in a protected class, and in the choice
6of candidates and electoral choices that are preferred by voters in
7the rest of the electorate. The methodologies for estimating group
8voting behavior as approved in applicable federal cases to enforce
9the federal Voting Rights Actbegin delete (42 U.S.C. Sec. 1973end deletebegin insert (52 U.S.C.
10Sec. 10301end insert
et seq.) to establish racially polarized voting may be
11used for purposes of this section to prove that elections are
12characterized by racially polarized voting.

13

SEC. 31.  

Section 18108 of the Elections Code is amended to
14read:

15

18108.  

(a) Except as provided in subdivision (c), any person
16who receives money or other valuable consideration to assist
17another to register to vote by receiving the completed affidavit of
18registration from the elector, and fails to comply with Section
192159, is guilty of a misdemeanor, and shall be punished by a fine
20not exceeding one thousand dollars ($1,000), or by imprisonment
21in the county jail not exceeding six months or when the failure to
22comply is found to be willful, not exceeding one year, or both.

23(b) Any person who receives money or other valuable
24consideration to assist another to register to vote by receiving the
25completed affidavit of registration from the elector, upon a third
26or subsequent conviction, on charges brought and separately tried,
27for failure to comply with Section 2159 shall be punished by a fine
28not exceeding ten thousand dollars ($10,000), or by imprisonment
29in the county jail not to exceed one year, or both.

30(c) This section shall not apply to any public agency or its
31employees that is designated as a voter registration agency pursuant
32to the National Voter Registration Act of 1993begin delete (42 U.S.C. Sec.
331973gg),end delete
begin insert (52 U.S.C. Sec. 20501 et seq.),end insert when an elector asks for
34assistance to register to vote during the course and scope of the
35agency’s normal business.

36

SEC. 32.  

Section 18108.1 of the Elections Code is amended
37to read:

38

18108.1.  

(a) Except as provided in subdivision (c), any person
39who receives money or other valuable consideration to assist
40another to register to vote by receiving the completed affidavit of
P33   1registration from the elector, and knowingly misrepresents himself
2or herself as having helped register another to vote on a registration
3form, pursuant to Section 2159, is guilty of a misdemeanor, and
4shall be punished by a fine not exceeding one thousand dollars
5($1,000), by imprisonment in the county jail not exceeding six
6months, or by both the fine and imprisonment.

7(b) Any person who receives money or other valuable
8consideration to assist another to register to vote by receiving the
9completed affidavit of registration from the elector, upon a third
10or subsequent conviction, on charges brought and separately tried,
11for misrepresenting himself or herself as having helped register
12another to vote on a registration form, pursuant to Section 2159,
13shall be punished by a fine not exceeding ten thousand dollars
14($10,000), by imprisonment in the county jail not to exceed one
15year, or by both the fine and imprisonment.

16(c) This section shall not apply to any public agency or its
17employees that is designated as a voter registration agency pursuant
18to the National Voter Registration Act of 1993begin delete (42 U.S.C. Sec.
191973gg),end delete
begin insert (52 U.S.C. Sec. 20501 et seq.),end insert when an elector asks for
20assistance to register to vote during the course and scope of the
21agency’s normal business.

22

SEC. 33.  

Section 18108.5 of the Elections Code is amended
23to read:

24

18108.5.  

(a) begin delete end deleteA person, company, or other organization that
25agrees to pay money or other valuable consideration, whether on
26a per-affidavit basis or otherwise, to a person who assists another
27person to register to vote by receiving the completed affidavit of
28registration, or by assisting with the submission of an affidavit of
29registration electronically on the Internet Web site of the Secretary
30of State, who fails to comply with Section 2159.5, is guilty of a
31misdemeanor, and shall be punished by a fine not exceeding one
32thousand dollars ($1,000), or by imprisonment in the county jail
33not exceeding six months or when the failure to comply is found
34to be willful, not exceeding one year, or both.

35(b)  A person, company, or other organization that agrees to pay
36money or other valuable consideration, whether on a per-affidavit
37basis or otherwise, to a person who assists another person to
38register to vote by receiving the completed affidavit of registration,
39or by assisting with the submission of an affidavit of registration
40electronically on the Internet Web site of the Secretary of State,
P34   1upon a third or subsequent conviction, on charges brought and
2separately tried, for failure to comply with Section 2159.5 shall
3be punished by a fine not exceeding ten thousand dollars ($10,000),
4or by imprisonment in the county jail not to exceed one year, or
5both.

6(c) An elections official shall notify a person, company, or other
7organization that agrees to pay money or other valuable
8consideration, whether on a per-affidavit basis or otherwise, to a
9person who assists another person to register to vote by receiving
10the completed affidavit of registration or by assisting with the
11submission of an affidavit of registration electronically on the
12Internet Web site of the Secretary of State, that three or more
13affidavits of registration submitted by a person who assisted
14another to register to vote do not comply with Sections 18100,
1518101, 18103, or 18106. The elections official may forward a copy
16of each of the noncomplying affidavits of registration to the district
17attorney, who may make a determination whether probable cause
18exists to believe that a violation of law has occurred.

19(d) This section shall not apply to a public agency or its
20employees that is designated as a voter registration agency pursuant
21to the federal National Voter Registration Act of 1993begin delete (42 U.S.C.
22Sec. 1973ggend delete
begin insert (52 U.S.C. Sec. 20501end insert et seq.), when an elector asks
23for assistance to register to vote during the course and scope of
24the agency’s normal business.

25

SEC. 34.  

Section 19240 of the Elections Code is amended to
26read:

27

19240.  

It is the intent of the Legislature that California voting
28system standards and elections comply with the provisions of the
29federal Help America Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end delete
30begin insert (52 U.S.C. Sec. 20901end insert et seq.) that require voting systems be
31accessible for individuals with disabilities, including nonvisual
32accessibility for the blind and visually impaired, in a manner that
33provides the same opportunity for access and participation,
34including privacy and independence, as provided to other voters
35who are not disabled.

36

SEC. 35.  

Section 19242 of the Elections Code is amended to
37read:

38

19242.  

(a) The Secretary of State shall adopt and publish rules
39and regulations governing any voting technology and systems used
40by the state or any political subdivision that provide voters with
P35   1disabilities the access required under the federal Help America
2Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end deletebegin insert (52 U.S.C. Sec. 20901end insert et
3seq.).

4(b) At each polling place, at least one voting unit certified or
5conditionally approved by the Secretary of State shall provide
6voters with disabilities the access required under the federal Help
7America Vote Act of 2002begin delete (42 U.S.C. Sec. 15301end deletebegin insert (52 U.S.C. Sec.
820901end insert
et seq.).

9(c) A local agency is not required to comply with subdivision
10(b) in an election in which a candidate for federal office does not
11appear on the ballot unless sufficient funds are available to
12implement that provision. Funds received from the proceeds of
13the Voting Modernization Bond Act of 2002 (Article 5
14(commencing with Section 19250)), from federal funds made
15available to purchase new voting systems, or from any other source
16except the General Fund, shall be used for that purpose.

17

SEC. 36.  

Section 21500 of the Elections Code is amended to
18read:

19

21500.  

Following each decennial federal census, and using
20that census as a basis, the board shall adjust the boundaries of any
21or all of the supervisorial districts of the county so that the
22begin insert supervisorialend insert districts shall be as nearly equal in population as
23may be and shall comply with the applicable provisions of Section
24begin delete 1973end deletebegin insert 10301end insert of Titlebegin delete 42end deletebegin insert 52end insert of the United States Code, as amended.
25In establishing the boundaries of thebegin insert supervisorialend insert districts the
26board may give consideration to the following factors: (a)
27topography, (b) geography, (c) cohesiveness, contiguity, integrity,
28and compactness of territory, and (d) community of interests of
29thebegin insert supervisorialend insert districts.

30

SEC. 37.  

Section 21550 of the Elections Code is amended to
31read:

32

21550.  

(a) As used in this section, the following terms have
33the following meanings:

34(1) “Board” means the Board of Supervisors of the County of
35San Diego.

36(2) “Clerk” means the clerk of the Board of Supervisors of the
37County of San Diego.

38(3) “Commission” means the Independent Redistricting
39Commission established by subdivision (b).

P36   1(b) (1) There is, in the County of San Diego, an Independent
2Redistricting Commission.

3(2) The commission shall be comprised of five members and
4two alternates who shall each meet the following qualifications:

5(A) Be a resident of the County of San Diego.

6(B) Be a registered voter of the County of San Diego.

7(C) Be a former or retired state or federal judge.

8(D) Not be a current member of the board.

9(3) Any interested person meeting the qualifications specified
10in paragraph (2) may submit his or her name to the clerk to be
11included in a random drawing. The clerk shall conduct a random
12drawing at a regularly scheduled meeting of the board to select
13the members of the commission.

14(4) The presiding judge of the Superior Court of the County of
15San Diego may assist the clerk in identifying former or retired
16judges that may be qualified to be included in the drawing.

17(c) (1) The commission shall adjust the supervisorial district
18boundaries after each decennial federal census in accordance with
19this subdivision.

20(2) The commission shall adjust the boundaries of the
21supervisorial district of the county so that the districts are equal,
22or nearly equal in population. The commission may adjust some
23or all of the supervisorial district boundaries to accomplish this
24goal.

25(3) The resulting supervisorial districts shall comply with any
26applicable provisions of Sectionbegin delete 1973end deletebegin insert 10301end insert of Titlebegin delete 42end deletebegin insert 52end insert of the
27United States Code, as amended.

28(4) The commission may consider all of the following factors
29in establishing the boundaries of the supervisorial districts:

30(A) Topography.

31(B) Geography.

32(C) Cohesiveness, contiguity, integrity, and compactness of
33territory.

34(D) Community of interests in each district.

35(5) The commission shallbegin delete utilizeend deletebegin insert useend insert federal census tracts and
36blocks in establishing the boundaries of supervisorial districts.

37(d) The board shall provide for reasonable staffing and logistical
38support for the commission.

39(e) The commission shall be subject to the Ralph M. Brown Act
40(Chapter 9 (commencing with Section 54950) of Part 1 of Division
P37   12 of Title 5 of the Government Code), and shall conduct at least
2seven public hearings with at least one public hearing held in each
3supervisorial district.

4(f) (1) The commission shall adopt a redistricting plan adjusting
5the boundaries of the supervisorial districts, as specified in
6subdivision (c), and shall file the plan with the clerkbegin delete prior toend deletebegin insert beforeend insert
7 the first day of October of the year following the year in which
8each decennial federal census is taken.

9(2) The plan shall be effective 30 days after it is filed with the
10clerk.

11(3) The plan shall be subject to referendum in the same manner
12as ordinances.

13

SEC. 38.  

Section 21601 of the Elections Code is amended to
14read:

15

21601.  

Following each decennial federal census, and using
16that census as a basis, the council shall, by ordinance or resolution,
17adjust the boundaries of any or all of the council districts of the
18city so that thebegin insert councilend insert districts shall be as nearly equal in
19population as may be and shall comply with the applicable
20provisions of Sectionbegin delete 1973end deletebegin insert 10301end insert of Titlebegin delete 42end deletebegin insert 52end insert of the United
21States Code, as amended. In establishing the boundaries of the
22begin insert councilend insert districts the council may give consideration to the following
23factors: (a) topography, (b) geography, (c) cohesiveness, contiguity,
24integrity, and compactness of territory, and (d) community of
25interests of thebegin insert councilend insert districts.

26

SEC. 39.  

Section 21620 of the Elections Code is amended to
27read:

28

21620.  

If the members of the governing body of a chartered
29city are nominated or elected “by districts” or “from districts,” as
30defined in Section 34871 of the Government Code, upon the initial
31establishment thereof, the districts shall be as nearly equal in
32population as may be according to the latest federal decennial
33census or, if the city’s charter so provides, according to the federal
34mid-decade census or the official census of the city, as provided
35for pursuant to Chapter 17 (commencing with Section 40200) of
36Part 2 of Division 3 of Title 4 of the Government Code, as the case
37may be. After the initial establishment of the districts, the districts
38shall continue to be as nearly equal in population as may be
39according to the latest federal decennial census or, if authorized
40by the charter of the city, according to the federal mid-decade
P38   1census. The districts shall comply with the applicable provisions
2of the federal Voting Rights Act ofbegin delete 1965, Section 1973 of Title 42
3of the United States Code,end delete
begin insert 1965 (52 U.S.C. Sec. 10301, et seq.),end insert
4 as amended. In establishing the boundaries of the districts, the
5council may give consideration to the following factors: (1)
6topography, (2) geography, (3) cohesiveness, contiguity, integrity,
7and compactness of territory, and (4) community of interest of the
8districts.

9

SEC. 40.  

Section 22000 of the Elections Code is amended to
10read:

11

22000.  

(a) Each district required by its authorizing act to adjust
12division boundaries pursuant to this section shall, by resolution,
13after each federal decennial census, and using that census as a
14basis, adjust the boundaries of any divisions so that the divisions
15are, as far as practicable, equal in population and in compliance
16with Sectionbegin delete 1973end deletebegin insert 10301end insert of Titlebegin delete 42end deletebegin insert 52end insert of the United States Code,
17as amended, to the extent those provisionsbegin delete are applicable.end deletebegin insert apply.end insert
18 In adjusting the boundaries of thebegin delete district,end deletebegin insert divisions,end insert the board may
19give consideration to the following factors: (1) topography, (2)
20geography, (3) cohesiveness, contiguity, integrity, and compactness
21of territory, and (4) community of interests of thebegin delete district.end deletebegin insert division.end insert
22 This section does not apply tobegin delete districtsend deletebegin insert divisionsend insert in which only
23landowners vote for directors or whose directors are all elected at
24large or appointed.

25(b) The resolution specified in subdivision (a) shall be adopted
26by a vote of not less than a majority of the directors.

27(c) At the time of, or after, any annexation of territory to the
28district, the board of directors shall designate, by resolution, the
29division of which the annexed territory shall be a part.

30(d) No change in division boundaries may be made within 180
31days preceding the election of any director.

32(e) (1) A change in division boundaries shall not affect the term
33of office of any director.

34(2) If division boundaries are adjusted, the director of the
35division whose boundaries have been adjusted shall continue to
36be the director of the division bearing the number of his or her
37division as formerly comprised until the office becomes vacant by
38means of term expiration or otherwise, whether or not the director
39is a resident within the boundaries of the division as adjusted.

P39   1(f) The successor to the office in a division whose boundaries
2have been adjusted shall be a resident and voter of that division.

3(g) A district is not required to adjust the boundaries of any
4divisions pursuant to this section until after the 2000 federal
5decennial census.

6(h) Nothing in this section shall be construed to prohibit or
7restrict a district from adjusting the boundaries of any divisions
8whenever the governing body of the district determines by a
9two-thirds vote of the governing body that a sufficient change in
10population has occurred that makes it desirable in the opinion of
11the governing body to adjust the boundaries of any divisions, or
12whenever any territory is added by or excluded from the district.

13

SEC. 41.  

Any section of any act enacted by the Legislature
14during the 2015 calendar year that takes effect on or before January
151, 2016, and that amends, amends and renumbers, adds, repeals
16and adds, or repeals a section that is amended by this act, shall
17prevail over this act, whether that act is enacted before, or after,
18the enactment of this act.



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