Amended in Assembly April 20, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2686


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Mullinbegin insert and Gonzalezend insert

February 19, 2016


An act to amendbegin delete Sections 4000.5 and 4001end deletebegin insert Section 4000.5end insert of, and to add Sectionbegin delete 4002 toend deletebegin insert 4001.5 to,end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing lawbegin insert generally does not allow special elections to fill vacancies in state offices, the Legislature, or Congress to be conducted wholly by mail. Existing lawend insert authorizes, until January 1, 2021, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated electionbegin insert (1)end insert to fill a congressional or legislativebegin delete 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 andend deletebegin insert vacancy ifend insert the congressional or legislative district lies wholly within San Diegobegin delete County.end deletebegin insert County, (2) to fill a vacancy in the legislative body or governing body, and (3) for certain local initiative and referendum measures.end insert

begin delete

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.

end delete
begin insert

This bill would extend the operation of that pilot program in San Diego County until January 1, 2023. The bill would authorize San Diego County to additionally conduct such an all-mailed ballot special election (1) to fill a congressional or legislative vacancy if the congressional or legislative district lies partially within San Diego County, and (2) for the recall of a local officer.

end insert
begin insert

This bill would also authorize, until January 1, 2023, any county to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy only if 50 percent or more of the total number of voters within the county are permanent vote by mail voters and the county board of supervisors adopts a resolution approving the county’s participation in the pilot program. The bill would impose specific requirements for an all-mailed ballot special election or special consolidation election to be conducted under the pilot program. If a county conducts an all-mailed ballot special election or special consolidation election pursuant to these provisions, the bill would require the county to submit a report to the Legislature and the Secretary of State that includes certain information regarding the success of the election, including any statistics on the cost to conduct the election.

end insert

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 insert

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

end insert
begin delete

11 10(1)

end delete

11begin insert(2)end insert A special election to fill a vacancy in the legislative body
12or governing body.

begin delete

14 13(2)

end delete

P3    1begin insert(3)end insert A special election conducted pursuant to Chapter 2
2(commencing with Section 9100), Chapter 3 (commencing with
3Section 9200), Chapter 4 (commencing with Section 9300), Chapter
45 (commencing with Section 9400),begin delete orend delete Chapter 6 (commencing
5with Section 9500) of Divisionbegin delete 9.end deletebegin insert 9, or Chapter 3 (commencing
6with Section 11200) of Division 11.end insert

7(b) A special election or special consolidated election described
8in paragraphs (1)begin delete and (2)end deletebegin insert to (3), inclusive,end insert of subdivision (a), may
9be conducted wholly as an all-mailed ballot election ifbegin delete bothend deletebegin insert allend insert of
10the following apply:

begin delete

11(1)  The legislative body or governing body of the eligible entity,
12by resolution, authorizes the use of mailed ballots for the election.

end delete
begin insert

13
(1) (A) For a special election to fill a vacancy in a
14congressional or legislative office, the Board of Supervisors of
15San Diego County, by resolution, authorizes the use of mailed
16ballots for the election and the congressional or legislative district
17lies wholly or partially within San Diego County.

end insert
begin insert

18
(B) For all other special elections, the legislative body or
19governing body of the eligible entity, by resolution, authorizes the
20use of mailed ballots for the election.

end insert

21(2) The election does not occur on the same date as a statewide
22direct primary election, statewide general election, or any other
23election conducted in an overlapping jurisdiction that is not
24consolidated and conducted wholly by mail.

25(3) (A) If the boundaries of the jurisdiction of the eligible entity
26overlap with the boundaries of a city, at least one ballot dropoff
27location is provided per city that is open during business hours to
28receive voted ballots beginning not less than seven days before
29the date of the election.

30(B) The number of dropoff locations in unincorporated areas
31shall be based on the number of unincorporated registered voters
32divided by 100,000 (rounded to the next whole number) with no
33less than one location to be selected.

34(C) A ballot dropoff location provided for under this section
35shall consist of a locked ballot box located in a secure public
36building that meets the accessibility requirements for a polling
37place.

38(4) On at least one Saturday and Sunday on or after the date the
39elections official first delivers ballots to voters, the elections official
40allows any voter to vote the ballot at a satellite location within the
P4    1jurisdiction of the eligible entity pursuant to Section 3018. The
2elections official shall determine the hours of operation for each
3Saturday and Sunday, provided that the satellite location is open
4to voters for a minimum of six hours on each designated Saturday
5and Sunday.

6(5) (A) At least one polling place is provided per eligible entity
7or the polling places are fixed in a manner so that there is one
8polling place for every 10,000 registered voters within the
9jurisdiction of the eligible entity, as determined on the 88th day
10before the day of the election, whichever results in more polling
11places. A polling place shall allow a voter to request and vote a
12ballot between 7 a.m. and 8 p.m. on the day of the election.

13(B) The polling places provided under this section shall be
14established in accordance with the accessibility requirements
15described in Article 5 (commencing with Section 12280) of Chapter
163 of Division 12, the federal Americans with Disabilities Act of
171990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
18Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
19Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and
20shall, to the extent possible, ensure that access is evenly distributed
21throughout the jurisdiction of the eligible entity.

22(C) The polling places provided under this section shall be
23established at accessible locations and shall be equipped with
24voting units or systems that are accessible to individuals with
25disabilities and that provide the same opportunity for access and
26participation as is provided to voters who are not disabled,
27including the ability to vote privately and independently in
28 accordance with Sections 12280 and 19240.

29(D) If a polling place consolidates one or more precincts for
30which the elections official is required to recruit precinct board
31members who are fluent in a language in addition to English
32pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
3310101 et seq.), the elections official shall ensure that the polling
34place is staffed by precinct board members who speak that
35language.

36(E) If a polling place consolidates one or more precincts for
37which the elections official is required to recruit precinct board
38members who are fluent in a language in addition to English
39pursuant to subdivision (c) of Section 12303, the elections official
P5    1shall make reasonable efforts to ensure that the polling place is
2staffed by precinct board members who speak that language.

3(6) (A) The elections official delivers to each voter all supplies
4necessary for the use and return of the mail ballot, including an
5envelope for the return of the voted mail ballot with postage
6prepaid.

7(B) The elections official delivers to each voter, with either the
8sample ballot sent pursuant to Section 13303 or with the voter’s
9ballot, all of the following:

10(i) A notice, translated in all languages required under
11subdivision (c) of Section 14201 and Section 203 of the federal
12Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
13informs voters of all of the following:

14(I) An all-mailed ballot election is being conducted and each
15eligible voter will receive a ballot by mail.

16(II) The voter may cast a ballot in person at a satellite location
17provided for under paragraph (4) or at a polling place on election
18day.

19(III) The voter may request the elections official to send a vote
20by mail ballot in a language other than English pursuant to Section
21203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
22et seq.) or a facsimile copy of the ballot printed in a language other
23than English pursuant to Section 14201.

24(ii) A list of the ballot dropoff locations, satellite locations, and
25polling places established pursuant to this section. The list shall
26also be posted on the Internet Web site of the elections official.

27(iii) A postage-paid postcard that the voter may return to the
28elections official for the purpose of requesting a vote by mail ballot
29in a language other than English.

30(7) (A) The elections official submits to the Secretary of State
31a voter education and outreach plan to be implemented by the
32eligible entity for any election conducted pursuant to this section.
33The voter education and outreach plan shall include, but shall not
34be limited to, all of the following:

35(i) One education and outreach meeting that includes
36representatives, advocates, and other stakeholders representing
37each community for which the eligible entity is required to provide
38voting materials and assistance in a language other than English
39under subdivision (c) of Section 14201 and the federal Voting
40Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

P6    1(ii) One education and outreach meeting that includes
2representatives from community organizations and individuals
3that advocate on behalf of, or provide services to, individuals with
4disabilities.

5(iii) At least one in-person bilingual voter education workshop
6for each language in which the eligible entity is required to provide
7voting materials and assistance under subdivision (c) of Section
814201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
910101 et seq.).

10(iv) At least one in-person voter education workshop to increase
11accessibility for participation of eligible voters with disabilities.

12(v) A toll-free voter assistance hotline maintained by the
13elections official that is operational no later than the date that vote
14by mail ballots are mailed to voters until 5 p.m. on the day after
15the special election. The toll-free voter assistance hotline shall
16provide assistance to voters in all languages in which the eligible
17entity is required to provide voting materials and assistance under
18subdivision (c) of Section 14201 and the federal Voting Rights
19Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

20(vi) At least one public service announcement in the media,
21including newspapers, radio, and television, that serve
22English-speaking citizens for purposes of informing voters of the
23upcoming election and promoting the toll-free voter assistance
24hotline.

25(vii) At least one public service announcement in the media,
26including newspapers, radio, and television, thatbegin delete serveend deletebegin insert servesend insert
27 non-English-speaking citizens for each language in which the
28eligible entity is required to provide voting materials and assistance
29under subdivision (c) of Section 14201 and the federal Voting
30Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
31informing voters of the upcoming election and promoting the
32toll-free voter assistance hotline.

33(viii) A voter education social media strategy that is developed
34in partnership with community organizations and individuals that
35advocate on behalf of, or provide services to, non-English-speaking
36individuals and individuals with disabilities.

37(B) The voter education and outreach plan shall be posted on
38the Internet Web site of the Secretary of State and on the Internet
39Web site of the elections official.

P7    1(c) Except as otherwise provided in this section, the election
2day procedures shall be conducted in accordance with Division
314 (commencing with Section 14000).

4(d) The elections official may provide, at his or her discretion,
5additional ballot dropoff locations and polling places for purposes
6of this section.

7(e) The return of voted mail ballots is subject to Sections 3017
8and 3020.

9(f) (1) If the eligible entity conducts a special election pursuant
10to this section, it may process vote by mail ballot return envelopes
11beginning 29 days before the election. Processing vote by mail
12ballot return envelopes may include verifying the voter’s signature
13on the vote by mail ballot return envelope and updating voter
14history records.

15(2) If the eligible entity conducts a special election pursuant to
16this section, it may start to process vote by mail ballots on the 10th
17business day before the election. Processing vote by mail ballots
18includes opening vote by mail ballot return envelopes, removing
19ballots, duplicating any damaged ballots, and preparing the ballots
20to be machine read, or machine reading them, but under no
21circumstances shall a vote count be accessed or released until 8
22p.m. on the day of the election.

23(g) Results of any vote by mail ballot tabulation or count shall
24not be released before the close of the polls on the day of the
25election.

26(h) For the sole purpose of reporting the results of an election
27conducted pursuant to this section, upon completion of the ballot
28count, the elections official shall divide the jurisdiction into
29precincts pursuant to Article 2 (commencing with Section 12220)
30of Chapter 3 of Division 12 and shall prepare a statement of the
31results of the election in accordance with Sections 15373 and
3215374.

33(i) The elections official shall compile an index, list, or file of
34all persons who voted in an election conducted pursuant to this
35section. If the elections official uses data-processing equipment
36to compile the index, list, or file, he or she shall retain an accurate
37copy of that index, list, or file in electronic format for a period of
3810 years.

39(j) (1) If an election is conducted pursuant to this section, the
40eligible entity shall report to the Legislature and to the Secretary
P8    1of State regarding the success of the election, including, but not
2limited to, all of the following:

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

4(B) The turnout of different populations, including, but not
5limited to, and to the extent possible, the population categories of
6race, ethnicity, language preference, age, gender, disability,
7permanent vote by mail status, and political party preference.

8(C) The number of ballots that were not counted and the reasons
9they were rejected.

10(D) Voter fraud.

11(E) Any other problems that become known to the eligible entity
12during the election or canvass.

13(2) Whenever possible, using the criteria set forth in paragraph
14(1), the report shall compare the election conducted pursuant to
15this section to similar elections not conducted pursuant to this
16section in the same jurisdiction or comparable jurisdictions.

17(3) Within six months after the date of the election or before
18the date of a subsequent election conducted pursuant to this section,
19whichever is sooner, the eligible entity shall do all of the following
20with respect to the report required by this subdivision:

21(A) Submit the report to the Legislature in compliance with
22Section 9795 of the Government Code.

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

24(C) Post the report on the Internet Web site of the elections
25official.

26(k) For purposes of this section, “eligible entity” means both of
27the following:

28(1) San Diego County.

29(2) A city, school district, community college district, special
30district, or other district or political subdivision organized pursuant
31to state law, whose boundaries are located wholly within San Diego
32County.

begin insert

33
(l) An election conducted pursuant to this section is not subject
34to Section 4001.5.

end insert
begin delete

35(l)

end delete

36begin insert(end insertbegin insertm)end insert This section shall remain in effect only until January 1,
37begin delete 2021,end deletebegin insert 2023,end insert and as of that date is repealed, unless a later enacted
38statute, that is enacted before January 1,begin delete 2021,end deletebegin insert 2023,end insert deletes or
39extends that date.

begin delete
40

SEC. 2.  

Section 4001 of the Elections Code is amended to read:

P9    1

4001.  

(a) Notwithstanding Section 4000 or any other law, as
2a pilot program, elections in San Mateo County, Yolo County,
3Sacramento County, and Monterey County may be conducted
4wholly by mail if all of the following conditions are satisfied:

5(1) The governing body of the city, county, or district, by
6resolution, authorizes the all-mailed ballot election and notifies
7the Secretary of State of its intent to conduct an all-mailed ballot
8election at least 88 days before the date of the election.

9(2) The election does not occur on the same date as a statewide
10primary or general election or any other election conducted in an
11overlapping jurisdiction that is not consolidated and conducted
12wholly by mail pursuant to this section.

13(3) (A) At least one ballot drop-off location is provided per city
14or the ballot drop-off locations are fixed in a manner so that the
15number of residents for each ballot drop-off location does not
16exceed 100,000 on the 88th day before the day of election,
17whichever results in more drop-off locations. A ballot drop-off
18location shall be open during business hours to receive voted ballots
19beginning 28 days before the date of the election and until 8 p.m.
20on the day of the election.

21(B) (i) For San Mateo County and Yolo County, at least one
22polling place is provided per city.

23(ii) For Monterey County and Sacramento County, at least one
24polling place is provided for every 50,000 registered voters, with
25a minimum of one polling place per city, in a manner so that the
26number of registered voters for each polling place does not exceed
2750,000 on the 88th day before the day of election, whichever results
28in more polling places.

29(iii) A polling place provided pursuant to this subparagraph
30shall allow voters to request a ballot between 7 a.m. and 8 p.m. on
31the day of the election if they have not received their ballots in the
32mail or if they need replacement ballots for any other reason.

33(C) Upon the request of the city, county, or district, the elections
34official, at his or her discretion, may provide additional ballot
35drop-off locations and polling places.

36(5) The elections official delivers to each voter all supplies
37necessary for the use and return of the mail ballot, including an
38envelope for the return of the voted mail ballot with postage
39prepaid.

P10   1(6) The elections official delivers to each voter, with either the
2sample ballot sent pursuant to Section 13303 or with the voter’s
3ballot, a list of the ballot drop-off locations and polling places
4provided pursuant to paragraph (4), and also posts that list on the
5Internet Web site of the county elections office.

6(7) The return of voted mail ballots is subject to Section 3017.

7(8) (A) The polling places provided under this section are at
8an accessible location and are equipped with voting units or
9systems that are accessible to individuals with disabilities and that
10provide the same opportunity for access and participation, including
11the ability to vote privately and independently.

12(B) A ballot drop-off location provided for under this section
13shall consist of a locked ballot box located in a secure public
14building that meets the accessibility requirements for a polling
15place.

16(9) Elections in the county conducted pursuant to this section
17may be held on no more than three different dates.

18(b) (1) If the county conducts an all-mailed ballot election
19pursuant to this section, on or before December 31, 2017, the
20county shall report to the Legislature and to the Secretary of State
21regarding the success of the election, including, but not limited to,
22any statistics on the cost to conduct the election; the turnout of
23different populations, including, but not limited to, to the extent
24possible, the population categories of race, ethnicity, age, gender,
25disability, permanent vote by mail status, and political party
26affiliation; the number of ballots not counted and the reasons they
27were rejected; voter fraud; and, any other problems that become
28known to the county during the election or canvass.

29(2) Whenever possible, using the criteria set forth in paragraph
30(1), the report of the county shall compare the success of the
31all-mailed ballot election to similar elections not conducted wholly
32by mail in the same jurisdiction or comparable jurisdictions.

33(3) The report of the county shall be submitted to the Legislature
34pursuant to Section 9795 of the Government Code within six
35months after the date of the all-mailed ballot election or before the
36date of any other all-mailed ballot election subject to this section
37to be conducted in the county, whichever is sooner.

38(c) This section shall remain in effect only until January 1, 2018,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2018, deletes or extends that date.

P11   1

SEC. 3.  

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

2

4002.  

(a) Notwithstanding Section 4000 or any other law, a
3special election to fill a vacancy in a state office, the Legislature,
4or Congress may be conducted wholly by mail if all of the
5following conditions are satisfied:

6(1) The legislative body as the governing body of the eligible
7entity, by resolution, authorizes the all-mailed ballot election and
8notifies the Secretary of State of its intent to conduct an all-mailed
9ballot election at least 88 days before the date of the election.

10(2) The election does not occur on the same date as a statewide
11primary or general election or any other election conducted in an
12overlapping jurisdiction that is not consolidated and conducted
13wholly by mail pursuant to this section.

14(3) The elections official delivers to each voter all supplies
15necessary for the use and return of the mail ballot, including an
16envelope for the return of the voted mail ballot with postage
17prepaid.

18(4) The elections official delivers to each voter, with either the
19sample ballot sent pursuant to Section 13303 or with the voter’s
20ballot, a list of the ballot drop-off locations and polling places
21provided pursuant to paragraph (4), and also posts that list on the
22Internet Web site of the county elections office.

23(5) The return of voted mail ballots is subject to Section 3017.

24(6) (A) The polling places provided for the election are at an
25accessible location and are equipped with voting units or systems
26that are accessible to individuals with disabilities and that provide
27the same opportunity for access and participation, including the
28ability to vote privately and independently.

29(B) A ballot drop-off location provided for the election shall
30consist of a locked ballot box located in a secure public building
31that meets the accessibility requirements for a polling place.

32(7) Elections conducted pursuant to this section may be held on
33no more than three different dates.

end delete
34begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4001.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert4001.5.end insert  

(a) Notwithstanding Section 4000 or any other law,
36as a pilot program, a county may conduct an all-mailed ballot
37special election or special consolidated election if the special
38election or special consolidated election is a special election to
39fill a vacancy in a congressional or legislative office.

P12   1
(b) A special election or special consolidated election described
2in subdivision (a) may be conducted wholly as an all-mailed ballot
3election if all of the following apply:

4
(1) (A) The county board of supervisors, by resolution, approves
5the county’s participation in the pilot program established by this
6section. A county may only participate in the pilot program if the
7percentage of permanent vote by mail voters in the county equals
8or exceeds 50 percent of the total number of voters in the county,
9as determined at the most recent statewide general election.

10
(B) If a county board of supervisors adopts a resolution pursuant
11to subparagraph (A), the county board of supervisors shall transmit
12the resolution to the Secretary of State within 10 days of adopting
13the resolution. Within 10 days of receiving a resolution adopted
14pursuant to subparagraph (A), the Secretary of State shall notify
15the Voting Accessibility Advisory Committee, established pursuant
16to Section 2053, and the Language Accessibility Advisory
17Committee, established pursuant to Section 2600, of the county’s
18participation in the pilot program.

19
(2) The county board of supervisors, by resolution, authorizes
20the use of mailed ballots for the election and the congressional or
21legislative district lies wholly or partially within the county.

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

26
(4) (A) At least one ballot dropoff location is provided per city
27that is open during business hours to receive voted ballots
28beginning not less than seven days before the date of the election.

29
(B) The number of dropoff locations in unincorporated areas
30shall be based on the number of unincorporated registered voters
31divided by 100,000 (rounded to the next whole number) with no
32less than one location to be selected.

33
(C) A ballot dropoff location provided for under this section
34shall consist of a locked ballot box located in a secure public
35building that meets the accessibility requirements for a polling
36place.

37
(5) On at least one Saturday and Sunday on or after the date
38the county elections official first delivers ballots to voters, the
39county elections official allows any voter to vote the ballot at a
40satellite location within the county pursuant to Section 3018. The
P13   1county elections official shall determine the hours of operation for
2each Saturday and Sunday, provided that the satellite location is
3open to voters for a minimum of six hours on each designated
4Saturday and Sunday.

5
(6) (A) The polling places are fixed in a manner so that there
6is one polling place for every 10,000 registered voters within the
7county, as determined on the 88th day before the day of the
8election. A polling place shall allow a voter to request and vote a
9ballot between 7 a.m. and 8 p.m. on the day of the election.

10
(B) The polling places provided under this section shall be
11established in accordance with the accessibility requirements
12described in Article 5 (commencing with Section 12280) of Chapter
133 of Division 12, the federal Americans with Disabilities Act of
141990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
15Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
16Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall,
17to the extent possible, ensure that access is evenly distributed
18throughout the county.

19
(C) The polling places provided under this section shall be
20established at accessible locations and shall be equipped with
21voting units or systems that are accessible to individuals with
22disabilities and that provide the same opportunity for access and
23participation as is provided to voters who are not disabled,
24including the ability to vote privately and independently in
25accordance with Sections 12280 and 19240.

26
(D) The county elections official shall consider proximity to
27public transportation in determining the polling places to provide
28under this section.

29
(E) If a polling place consolidates one or more precincts for
30which the county elections official is required to recruit precinct
31board members who are fluent in a language in addition to English
32pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
3310101 et seq.), the county elections official shall ensure that the
34polling place is staffed by precinct board members who speak that
35language.

36
(F) If a polling place consolidates one or more precincts for
37which the county elections official is required to recruit precinct
38board members who are fluent in a language in addition to English
39pursuant to subdivision (c) of Section 12303, the county elections
40official shall make reasonable efforts to ensure that the polling
P14   1place is staffed by precinct board members who speak that
2language.

3
(7) (A) The county elections official delivers to each voter all
4supplies necessary for the use and return of the mail ballot,
5including an envelope for the return of the voted mail ballot with
6postage prepaid.

7
(B) The county elections official delivers to each voter, with
8either the sample ballot sent pursuant to Section 13303 or with
9the voter’s ballot, all of the following:

10
(i) A notice, translated in all languages required under
11subdivision (c) of Section 14201 and Section 203 of the federal
12Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
13informs voters of all of the following:

14
(I) An all-mailed ballot election is being conducted and each
15eligible voter will receive a ballot by mail.

16
(II) The voter may cast a ballot in person at a satellite location
17provided for under paragraph (5) or at a polling place on election
18day.

19
(III) The voter may request the county elections official to send
20a vote by mail ballot in a language other than English pursuant
21to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C.
22Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a
23language other than English pursuant to Section 14201.

24
(ii) A list of the ballot dropoff locations, satellite locations, and
25polling places established pursuant to this section. The list shall
26also be posted on the Internet Web site of the county elections
27official.

28
(iii) A postage-paid postcard that the voter may return to the
29county elections official for the purpose of requesting a vote by
30mail ballot in a language other than English.

31
(7) (A) The county elections official submits to the Secretary
32of State a voter education and outreach plan to be implemented
33by the county for any election conducted pursuant to this section.
34The voter education and outreach plan shall include, but shall not
35be limited to, all of the following:

36
(i) One education and outreach meeting that includes
37representatives, advocates, and other stakeholders representing
38each community for which the county is required to provide voting
39materials and assistance in a language other than English under
P15   1subdivision (c) of Section 14201 and the federal Voting Rights Act
2of 1965 (52 U.S.C. Sec. 10101 et seq.).

3
(ii) One education and outreach meeting that includes
4representatives from community organizations and individuals
5that advocate on behalf of, or provide services to, individuals with
6disabilities.

7
(iii) At least one in-person bilingual voter education workshop
8for each language in which the county is required to provide voting
9materials and assistance under subdivision (c) of Section 14201
10and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
11et seq.).

12
(iv) At least one in-person voter education workshop to increase
13accessibility for participation of eligible voters with disabilities.

14
(v) A toll-free voter assistance hotline maintained by the county
15elections official that is operational no later than the date that
16vote by mail ballots are mailed to voters until 5 p.m. on the day
17after the special election. The toll-free voter assistance hotline
18shall provide assistance to voters in all languages in which the
19county is required to provide voting materials and assistance under
20subdivision (c) of Section 14201 and the federal Voting Rights Act
21of 1965 (52 U.S.C. Sec. 10101 et seq.).

22
(vi) At least one public service announcement in the media,
23including newspapers, radio, and television, that serve
24English-speaking citizens for purposes of informing voters of the
25upcoming election and promoting the toll-free voter assistance
26hotline.

27
(vii) At least one public service announcement in the media,
28including newspapers, radio, and television, that serve
29non-English-speaking citizens for each language in which the
30county is required to provide voting materials and assistance under
31subdivision (c) of Section 14201 and the federal Voting Rights Act
32of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing
33voters of the upcoming election and promoting the toll-free voter
34assistance hotline.

35
(viii) A voter education social media strategy that is developed
36in partnership with community organizations and individuals that
37advocate on behalf of, or provide services to, non-English-speaking
38individuals and individuals with disabilities.

P16   1
(B) The voter education and outreach plan shall be posted on
2the Internet Web site of the Secretary of State and on the Internet
3Web site of the county elections official.

4
(c) Except as otherwise provided in this section, the election
5day procedures shall be conducted in accordance with Division
614 (commencing with Section 14000).

7
(d) The county elections official may provide, at his or her
8discretion, additional ballot dropoff locations and polling places
9for purposes of this section.

10
(e) The return of voted mail ballots is subject to Sections 3017
11and 3020.

12
(f) Participating in the pilot program established by this section
13does not preclude the use of a remote accessible vote by mail
14system.

15
(g) (1) If the county conducts a special election pursuant to
16this section, it may process vote by mail ballot return envelopes
17beginning 29 days before the election. Processing vote by mail
18ballot return envelopes may include verifying the voter’s signature
19on the vote by mail ballot return envelope and updating voter
20history records.

21
(2) If the county conducts a special election pursuant to this
22section, it may start to process vote by mail ballots on the 10th
23business day before the election. Processing vote by mail ballots
24includes opening vote by mail ballot return envelopes, removing
25ballots, duplicating any damaged ballots, and preparing the ballots
26to be machine read, or machine reading them, but under no
27circumstances shall a vote count be accessed or released until 8
28p.m. on the day of the election.

29
(h) Results of any vote by mail ballot tabulation or count shall
30not be released before the close of the polls on the day of the
31election.

32
(i) For the sole purpose of reporting the results of an election
33conducted pursuant to this section, upon completion of the ballot
34count, the county elections official shall divide the jurisdiction
35into precincts pursuant to Article 2 (commencing with Section
3612220) of Chapter 3 of Division 12 and shall prepare a statement
37of the results of the election in accordance with Sections 15373
38and 15374.

39
(j) The county elections official shall compile an index, list, or
40file of all persons who voted in an election conducted pursuant to
P17   1this section. If the county elections official uses data-processing
2equipment to compile the index, list, or file, he or she shall retain
3an accurate copy of that index, list, or file in electronic format for
4a period of 10 years.

5
(k) (1) If an election is conducted pursuant to this section, the
6county shall report to the Legislature and to the Secretary of State
7regarding the success of the election, including, but not limited
8to, all of the following:

9
(A) Any statistics on the cost to conduct the election.

10
(B) The turnout of different populations, including, but not
11limited to, and to the extent possible, the population categories of
12race, ethnicity, language preference, age, gender, disability,
13permanent vote by mail status, and political party preference.

14
(C) The number of ballots that were not counted and the reasons
15they were rejected.

16
(D) Voter fraud.

17
(E) Any other problems that become known to the county during
18the election or canvass.

19
(2) Whenever possible, using the criteria set forth in paragraph
20(1), the report shall compare the election conducted pursuant to
21this section to similar elections not conducted pursuant to this
22section in the same county or comparable counties.

23
(3) Within six months after the date of the election or before the
24date of a subsequent election conducted pursuant to this section,
25whichever is sooner, the county shall do all of the following with
26respect to the report required by this subdivision:

27
(A) Submit the report to the Legislature in compliance with
28Section 9795 of the Government Code.

29
(B) Submit the report to the Secretary of State.

30
(C) Post the report on the Internet Web site of the county
31elections official.

32
(l) This section shall remain in effect only until January 1, 2023,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2023, deletes or extends that date.

end insert


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