California Legislature—2015–16 Regular Session

Assembly BillNo. 2686


Introduced by Assembly Member Mullin

February 19, 2016


An act to amend Sections 4000.5 and 4001 of, and to add Section 4002 to the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2686, as introduced, Mullin. Elections: all-mailed ballot elections.

Existing law authorizes, until January 1, 2021, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy. Existing law provides that a special election to fill a vacancy in a congressional or legislative office may be conducted as an all-mailed ballot election if, among other requirements, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County.

This bill would authorize a special election to fill a vacancy in a state office, the Legislature, or Congress to be conducted wholly by mail if, among other requirements, the legislative body or the governing body of the eligible entity, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election. The bill would make conforming changes.

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

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

P2    1

SECTION 1.  

Section 4000.5 of the Elections Code is amended
2to read:

3

4000.5.  

(a) Notwithstanding Section 4000 or any other law,
4as a pilot program, an all-mailed ballot special election or special
5consolidated election in San Diego County may be conducted by
6an eligible entity if the special election or special consolidated
7election is any of the following:

begin delete

8(1) A special election to fill a vacancy in a congressional or
9legislative office.

end delete
begin delete

10(2)

end delete

11begin insert(1)end insert A special election to fill a vacancy in the legislative body
12or governing body.

begin delete

13(3)

end delete

14begin insert(2)end insert A special election conducted pursuant to Chapter 2
15(commencing with Section 9100), Chapter 3 (commencing with
16Section 9200), Chapter 4 (commencing with Section 9300), Chapter
175 (commencing with Section 9400), or Chapter 6 (commencing
18with Section 9500) of Division 9.

19(b) A special election or special consolidated election described
20in paragraphs (1)begin delete to (3), inclusive,end deletebegin insert and (2)end insert of subdivision (a), may
21be conducted wholly as an all-mailed ballot election ifbegin delete allend deletebegin insert bothend insert of
22the following apply:

23(1)  begin delete(A) For a special election to fill a vacancy in a congressional
24or legislative office, the Board of Supervisors of San Diego County,
25by resolution, authorizes the use of mailed ballots for the election
26and the congressional or legislative district lies wholly within San
27Diego County.end delete
begin insert The legislative body or governing body of the
28eligible entity, by resolution, authorizes the use of mailed ballots
29for the election.end insert

begin delete

30(B) For all other special elections the legislative body or
31governing body of the eligible entity, by resolution, authorizes the
32use of mailed ballots for the election.

end delete

33(2) The election does not occur on the same date as a statewide
34direct primary election, statewide general election, or any other
35election conducted in an overlapping jurisdiction that is not
36consolidated and conducted wholly by mail.

37(3) (A) If the boundaries of the jurisdiction of the eligible entity
38overlap with the boundaries of a city, at least one ballot dropoff
P3    1location is provided per city that is open during business hours to
2receive voted ballots beginning not less than seven days before
3the date of the election.

4(B) The number of dropoff locations in unincorporated areas
5shall be based on the number of unincorporated registered voters
6divided by 100,000 (rounded to the next whole number) with no
7less than one location to be selected.

8(C) A ballot dropoff location provided for under this section
9shall consist of a locked ballot box located in a secure public
10building that meets the accessibility requirements for a polling
11place.

12(4) On at least one Saturday and Sunday on or after the date the
13elections official first delivers ballots to voters, the elections official
14allows any voter to vote the ballot at a satellite location within the
15jurisdiction of the eligible entity pursuant to Section 3018. The
16elections official shall determine the hours of operation for each
17Saturday and Sunday, provided that the satellite location is open
18to voters for a minimum of six hours on each designated Saturday
19and Sunday.

20(5) (A) At least one polling place is provided per eligible entity
21or the polling places are fixed in a manner so that there is one
22polling place for every 10,000 registered voters within the
23jurisdiction of the eligible entity, as determined on the 88th day
24before the day of the election, whichever results in more polling
25places. A polling place shall allow a voter to request and vote a
26ballot between 7 a.m. and 8 p.m. on the day of the election.

27(B) The polling places provided under this section shall be
28established in accordance with the accessibility requirements
29described in Article 5 (commencing with Section 12280) of Chapter
303 of Division 12, the federal Americans with Disabilities Act of
311990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
32Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
33Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and
34shall, to the extent possible, ensure that access is evenly distributed
35throughout the jurisdiction of the eligible entity.

36(C) The polling places provided under this section shall be
37established at accessible locations and shall be equipped with
38voting units or systems that are accessible to individuals with
39disabilities and that provide the same opportunity for access and
40participation as is provided to voters who are not disabled,
P4    1including the ability to vote privately and independently in
2 accordance with Sections 12280 and 19240.

3(D) If a polling place consolidates one or more precincts for
4which the elections official is required to recruit precinct board
5members who are fluent in a language in addition to English
6pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
710101 et seq.), the elections official shall ensure that the polling
8place is staffed by precinct board members who speak that
9language.

10(E) If a polling place consolidates one or more precincts for
11which the elections official is required to recruit precinct board
12members who are fluent in a language in addition to English
13pursuant to subdivision (c) of Section 12303, the elections official
14shall make reasonable efforts to ensure that the polling place is
15staffed by precinct board members who speak that language.

16(6) (A) The elections official delivers to each voter all supplies
17necessary for the use and return of the mail ballot, including an
18envelope for the return of the voted mail ballot with postage
19prepaid.

20(B) The elections official delivers to each voter, with either the
21sample ballot sent pursuant to Section 13303 or with the voter’s
22ballot, all of the following:

23(i) A notice, translated in all languages required under
24subdivision (c) of Section 14201 and Section 203 of the federal
25Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
26informs voters of all of the following:

27(I) An all-mailed ballot election is being conducted and each
28eligible voter will receive a ballot by mail.

29(II) The voter may cast a ballot in person at a satellite location
30provided for under paragraph (4) or at a polling place on election
31day.

32(III) The voter may request the elections official to send a vote
33by mail ballot in a language other than English pursuant to Section
34203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
35et seq.) or a facsimile copy of the ballot printed in a language other
36than English pursuant to Section 14201.

37(ii) A list of the ballot dropoff locations, satellite locations, and
38polling places established pursuant to this section. The list shall
39also be posted on the Internet Web site of the elections official.

P5    1(iii) A postage-paid postcard that the voter may return to the
2elections official for the purpose of requesting a vote by mail ballot
3in a language other than English.

4(7) (A) The elections official submits to the Secretary of State
5a voter education and outreach plan to be implemented by the
6eligible entity for any election conducted pursuant to this section.
7The voter education and outreach plan shall include, but shall not
8be limited to, all of the following:

9(i) One education and outreach meeting that includes
10representatives, advocates, and other stakeholders representing
11each community for which the eligible entity is required to provide
12voting materials and assistance in a language other than English
13under subdivision (c) of Section 14201 and the federal Voting
14Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

15(ii) One education and outreach meeting that includes
16representatives from community organizations and individuals
17that advocate on behalf of, or provide services to, individuals with
18disabilities.

19(iii) At least one in-person bilingual voter education workshop
20for each language in which the eligible entity is required to provide
21voting materials and assistance under subdivision (c) of Section
2214201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
2310101 et seq.).

24(iv) At least one in-person voter education workshop to increase
25accessibility for participation of eligible voters with disabilities.

26(v) A toll-free voter assistance hotline maintained by the
27elections official that is operational no later than the date that vote
28by mail ballots are mailed to voters until 5 p.m. on the day after
29the special election. The toll-free voter assistance hotline shall
30provide assistance to voters in all languages in which the eligible
31entity is required to provide voting materials and assistance under
32subdivision (c) of Section 14201 and the federal Voting Rights
33Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

34(vi) At least one public service announcement in the media,
35including newspapers, radio, and television, that serve
36English-speaking citizens for purposes of informing voters of the
37upcoming election and promoting the toll-free voter assistance
38hotline.

39(vii) At least one public service announcement in the media,
40including newspapers, radio, and television, that serve
P6    1non-English-speaking citizens for each language in which the
2eligible entity is required to provide voting materials and assistance
3under subdivision (c) of Section 14201 and the federal Voting
4Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
5informing voters of the upcoming election and promoting the
6toll-free voter assistance hotline.

7(viii) A voter education social media strategy that is developed
8in partnership with community organizations and individuals that
9advocate on behalf of, or provide services to, non-English-speaking
10individuals and individuals with disabilities.

11(B) The voter education and outreach plan shall be posted on
12the Internet Web site of the Secretary of State and on the Internet
13Web site of the elections official.

14(c) Except as otherwise provided in this section, the election
15day procedures shall be conducted in accordance with Division
1614 (commencing with Section 14000).

17(d) The elections official may provide, at his or her discretion,
18additional ballot dropoff locations and polling places for purposes
19of this section.

20(e) The return of voted mail ballots is subject to Sections 3017
21and 3020.

22(f) (1) If the eligible entity conducts a special election pursuant
23to this section, it may process vote by mail ballot return envelopes
24beginning 29 days before the election. Processing vote by mail
25ballot return envelopes may include verifying the voter’s signature
26on the vote by mail ballot return envelope and updating voter
27history records.

28(2) If the eligible entity conducts a special election pursuant to
29this section, it may start to process vote by mail ballots on the 10th
30business day before the election. Processing vote by mail ballots
31includes opening vote by mail ballot return envelopes, removing
32ballots, duplicating any damaged ballots, and preparing the ballots
33to be machine read, or machine reading them, but under no
34circumstances shall a vote count be accessed or released until 8
35p.m. on the day of the election.

36(g) Results of any vote by mail ballot tabulation or count shall
37not be released before the close of the polls on the day of the
38election.

39(h) For the sole purpose of reporting the results of an election
40conducted pursuant to this section, upon completion of the ballot
P7    1count, the elections official shall divide the jurisdiction into
2precincts pursuant to Article 2 (commencing with Section 12220)
3of Chapter 3 of Division 12 and shall prepare a statement of the
4results of the election in accordance with Sections 15373 and
515374.

6(i) The elections official shall compile an index, list, or file of
7all persons who voted in an election conducted pursuant to this
8section. If the elections official uses data-processing equipment
9to compile the index, list, or file, he or she shall retain an accurate
10copy of that index, list, or file in electronic format for a period of
1110 years.

12(j) (1) If an election is conducted pursuant to this section, the
13eligible entity shall report to the Legislature and to the Secretary
14of State regarding the success of the election, including, but not
15limited to, all of the following:

16(A) Any statistics on the cost to conduct the election.

17(B) The turnout of different populations, including, but not
18limited to, and to the extent possible, the population categories of
19race, ethnicity, language preference, age, gender, disability,
20permanent vote by mail status, and political party preference.

21(C) The number of ballots that were not counted and the reasons
22they were rejected.

23(D) Voter fraud.

24(E) Any other problems that become known to the eligible entity
25during the election or canvass.

26(2) Whenever possible, using the criteria set forth in paragraph
27(1), the report shall compare the election conducted pursuant to
28this section to similar elections not conducted pursuant to this
29section in the same jurisdiction or comparable jurisdictions.

30(3) Within six months after the date of the election or before
31the date of a subsequent election conducted pursuant to this section,
32whichever is sooner, the eligible entity shall do all of the following
33with respect to the report required by this subdivision:

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

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

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

39(k) For purposes of this section, “eligible entity” means both of
40the following:

P8    1(1) San Diego County.

2(2) A city, school district, community college district, special
3district, or other district or political subdivision organized pursuant
4to state law, whose boundaries are located wholly within San Diego
5County.

6(l) This section shall remain in effect only until January 1, 2021,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2021, deletes or extends that date.

9

SEC. 2.  

Section 4001 of the Elections Code is amended to read:

10

4001.  

(a) Notwithstanding Section 4000 or any other law, as
11a pilot program, elections in San Mateo County, Yolo County,
12Sacramento County, and Monterey County may be conducted
13wholly by mail if all of the following conditions are satisfied:

14(1) The governing body of the city, county, or district, by
15resolution, authorizes the all-mailed ballot election and notifies
16the Secretary of State of its intent to conduct an all-mailed ballot
17election at least 88 days before the date of the election.

18(2) The election does not occur on the same date as a statewide
19primary or general election or any other election conducted in an
20overlapping jurisdiction that is not consolidated and conducted
21wholly by mail pursuant to this section.

begin delete

22(3) The election is not a special election to fill a vacancy in a
23state office, the Legislature, or Congress.

end delete
begin delete

24(4)

end delete

25begin insert(3)end insert (A) At least one ballot drop-off location is provided per city
26or the ballot drop-off locations are fixed in a manner so that the
27number of residents for each ballot drop-off location does not
28exceed 100,000 on the 88th day before the day of election,
29whichever results in more drop-off locations. A ballot drop-off
30location shall be open during business hours to receive voted ballots
31beginning 28 days before the date of the election and until 8 p.m.
32on the day of the election.

33(B) (i) For San Mateo County and Yolo County, at least one
34polling place is provided per city.

35(ii) For Monterey County and Sacramento County, at least one
36polling place is provided for every 50,000 registered voters, with
37a minimum of one polling place per city, in a manner so that the
38number of registered voters for each polling place does not exceed
3950,000 on the 88th day before the day of election, whichever results
40in more polling places.

P9    1(iii) A polling place provided pursuant to this subparagraph
2shall allow voters to request a ballot between 7 a.m. and 8 p.m. on
3the day of the election if they have not received their ballots in the
4mail or if they need replacement ballots for any other reason.

5(C) Upon the request of the city, county, or district, the elections
6official, at his or her discretion, may provide additional ballot
7drop-off locations and polling places.

8(5) The elections official delivers to each voter all supplies
9necessary for the use and return of the mail ballot, including an
10envelope for the return of the voted mail ballot with postage
11prepaid.

12(6) The elections official delivers to each voter, with either the
13sample ballot sent pursuant to Section 13303 or with the voter’s
14ballot, a list of the ballot drop-off locations and polling places
15provided pursuant to paragraph (4), and also posts that list on the
16Internet Web site of the county elections office.

17(7) The return of voted mail ballots is subject to Section 3017.

18(8) (A) The polling places provided under this section are at
19an accessible location and are equipped with voting units or
20systems that are accessible to individuals with disabilities and that
21provide the same opportunity for access and participation, including
22the ability to vote privately and independently.

23(B) A ballot drop-off location provided for under this section
24shall consist of a locked ballot box located in a secure public
25building that meets the accessibility requirements for a polling
26place.

27(9) Elections in the county conducted pursuant to this section
28may be held on no more than three different dates.

29(b) (1) If the county conducts an all-mailed ballot election
30pursuant to this section, on or before December 31, 2017, the
31county shall report to the Legislature and to the Secretary of State
32regarding the success of the election, including, but not limited to,
33any statistics on the cost to conduct the election; the turnout of
34different populations, including, but not limited to, to the extent
35possible, the population categories of race, ethnicity, age, gender,
36disability, permanent vote by mail status, and political party
37affiliation; the number of ballots not counted and the reasons they
38were rejected; voter fraud; and, any other problems that become
39known to the county during the election or canvass.

P10   1(2) Whenever possible, using the criteria set forth in paragraph
2(1), the report of the county shall compare the success of the
3all-mailed ballot election to similar elections not conducted wholly
4by mail in the same jurisdiction or comparable jurisdictions.

5(3) The report of the county shall be submitted to the Legislature
6pursuant to Section 9795 of the Government Code within six
7months after the date of the all-mailed ballot election or before the
8date of any other all-mailed ballot election subject to this section
9to be conducted in the county, whichever is sooner.

10(c) This section shall remain in effect only until January 1, 2018,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2018, deletes or extends that date.

13

SEC. 3.  

Section 4002 is added to the Elections Code, to read:

14

4002.  

(a) Notwithstanding Section 4000 or any other law, a
15special election to fill a vacancy in a state office, the Legislature,
16or Congress may be conducted wholly by mail if all of the
17following conditions are satisfied:

18(1) The legislative body as the governing body of the eligible
19entity, by resolution, authorizes the all-mailed ballot election and
20notifies the Secretary of State of its intent to conduct an all-mailed
21ballot election at least 88 days before the date of the election.

22(2) The election does not occur on the same date as a statewide
23primary or general election or any other election conducted in an
24overlapping jurisdiction that is not consolidated and conducted
25wholly by mail pursuant to this section.

26(3) The elections official delivers to each voter all supplies
27necessary for the use and return of the mail ballot, including an
28envelope for the return of the voted mail ballot with postage
29prepaid.

30(4) The elections official delivers to each voter, with either the
31sample ballot sent pursuant to Section 13303 or with the voter’s
32ballot, a list of the ballot drop-off locations and polling places
33provided pursuant to paragraph (4), and also posts that list on the
34Internet Web site of the county elections office.

35(5) The return of voted mail ballots is subject to Section 3017.

36(6) (A) The polling places provided for the election are at an
37accessible location and are equipped with voting units or systems
38that are accessible to individuals with disabilities and that provide
39the same opportunity for access and participation, including the
40ability to vote privately and independently.

P11   1(B) A ballot drop-off location provided for the election shall
2consist of a locked ballot box located in a secure public building
3that meets the accessibility requirements for a polling place.

4(7) Elections conducted pursuant to this section may be held on
5no more than three different dates.



O

    99