AB 2686, as amended, Mullin. Elections: all-mailed ballot elections.
Existing law generally does not allow special elections to fill vacancies in state offices, the Legislature, or Congress to be conducted wholly by mail. 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 (1) to fill a congressional or legislative vacancy if the congressional or legislative district lies wholly within San Diego County, (2) to fill a vacancy in the legislative body or governing body, and (3) for certain local initiative and referendum measures.
This 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.
This bill would also authorize, until January 1, 2021, 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4000.5 of the Elections Code is amended
2to read:
(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:
8(1) A special election to fill a vacancy in a congressional or
9legislative office.
10(2) A special election to fill a vacancy in the legislative body
11or governing body.
12(3) A special election conducted pursuant to Chapter 2
13(commencing with Section 9100), Chapter 3 (commencing with
14Section
9200), Chapter 4 (commencing with Section 9300), Chapter
155 (commencing with Section 9400), Chapter 6 (commencing with
16Section 9500) of Division 9, or Chapter 3 (commencing with
17Section 11200) of Division 11.
18(b) A special election or special consolidated election described
19in paragraphs (1) to (3), inclusive, of subdivision (a) may be
20conducted wholly as an all-mailed ballot election if all of the
21following apply:
P3 1(1) (A) For a special election to fill a vacancy in a congressional
2or legislative office, the Board of Supervisors of San Diego County,
3by resolution, authorizes the use of mailed ballots for the election
4and the congressional or legislative district lies wholly or partially
5within San Diego County.
6(B) For all other special elections, the legislative body or
7governing body of the eligible entity, by resolution, authorizes the
8use of mailed ballots for the election.
9(2) The election does not occur on the same date as a statewide
10direct primary election, statewide general election, or any other
11election conducted in an overlapping jurisdiction that is not
12consolidated and conducted wholly by mail.
13(3) (A) If the boundaries of the jurisdiction of the eligible entity
14overlap with the boundaries of a city, at least one ballot dropoff
15location is provided per city that is open during business hours to
16receive voted ballots beginning not less than seven days before
17the date of the election.
18(B) The number of dropoff locations in unincorporated areas
19shall be based on the number of unincorporated registered voters
20divided by 100,000 (rounded to the next whole number) with no
21less than one location to be selected.
22(C) A ballot dropoff location provided for under this section
23shall consist of a locked ballot box located in a secure public
24building that meets the accessibility requirements for a polling
25place.
26(4) On at least one Saturday and Sunday on or after the date the
27elections official first delivers ballots to voters, the elections official
28allows any voter to vote the ballot at a satellite location within the
29jurisdiction of the eligible entity pursuant to Section 3018. The
30elections official shall determine the hours of operation for each
31Saturday
and Sunday, provided that the satellite location is open
32to voters for a minimum of six hours on each designated Saturday
33and Sunday.
34(5) (A) At least one polling place is provided per eligible entity
35or the polling places are fixed in a manner so that there is one
36polling place for every 10,000 registered voters within the
37jurisdiction of the eligible entity, as determined on the 88th day
38before the day of the election, whichever results in more polling
39places. A polling place shall allow a voter to request and vote a
40ballot between 7 a.m. and 8 p.m. on the day of the election.
P4 1(B) The polling places provided under this section shall be
2established in accordance with the accessibility requirements
3described in Article 5 (commencing with Section 12280) of
Chapter
43 of Division 12, the federal Americans with Disabilities Act of
51990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
6Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
7Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and
8shall, to the extent possible, ensure that access is evenly distributed
9throughout the jurisdiction of the eligible entity.
10(C) The polling places provided under this section shall be
11established at accessible locations and shall be equipped with
12voting units or systems that are accessible to individuals with
13disabilities and that provide the same opportunity for access and
14participation as is provided to voters who are not disabled,
15including the ability to vote privately and independently in
16
accordance with Sections 12280 and 19240.
17(D) If a polling place consolidates one or more precincts for
18which the elections official is required to recruit precinct board
19members who are fluent in a language in addition to English
20pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
2110101 et seq.), the elections official shall ensure that the polling
22place is staffed by precinct board members who speak that
23language.
24(E) If a polling place consolidates one or more precincts for
25which the elections official is required to recruit precinct board
26members who are fluent in a language in addition to English
27pursuant to subdivision (c) of Section 12303, the elections official
28shall make reasonable efforts to ensure that the polling place is
29staffed by
precinct board members who speak that language.
30(6) (A) The elections official delivers to each voter all supplies
31necessary for the use and return of the mail ballot, including an
32envelope for the return of the voted mail ballot with postage
33prepaid.
34(B) The elections official delivers to each voter, with either the
35sample ballot sent pursuant to Section 13303 or with the voter’s
36ballot, all of the following:
37(i) A notice, translated in all languages required under
38subdivision (c) of Section 14201 and Section 203 of the federal
39Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
40informs voters of all of the following:
P5 1(I) An
all-mailed ballot election is being conducted and each
2eligible voter will receive a ballot by mail.
3(II) The voter may cast a ballot in person at a satellite location
4provided for under paragraph (4) or at a polling place on election
5day.
6(III) The voter may request the elections official to send a vote
7by mail ballot in a language other than English pursuant to Section
8203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
9et seq.) or a facsimile copy of the ballot printed in a language other
10than English pursuant to Section 14201.
11(ii) A list of the ballot dropoff locations, satellite locations, and
12polling places established pursuant to this section. The list shall
13also be posted on the Internet Web site of
the elections official.
14(iii) A postage-paid postcard that the voter may return to the
15elections official for the purpose of requesting a vote by mail ballot
16in a language other than English.
17(7) (A) The elections official submits to the Secretary of State
18a voter education and outreach plan to be implemented by the
19eligible entity for any election conducted pursuant to this section.
20The voter education and outreach plan shall include, but shall not
21be limited to, all of the following:
22(i) One education and outreach meeting that includes
23representatives, advocates, and other stakeholders representing
24each community for which the eligible entity is required to provide
25voting materials and assistance in
a language other than English
26under subdivision (c) of Section 14201 and the federal Voting
27Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
28(ii) One education and outreach meeting that includes
29representatives from community organizations and individuals
30that advocate on behalf of, or provide services to, individuals with
31disabilities.
32(iii) At least one in-person bilingual voter education workshop
33for each language in which the eligible entity is required to provide
34voting materials and assistance under subdivision (c) of Section
3514201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
3610101 et seq.).
37(iv) At least one in-person voter education workshop to increase
38accessibility for participation of
eligible voters with disabilities.
39(v) A toll-free voter assistance hotline maintained by the
40elections official that is operational no later than the date that vote
P6 1by mail ballots are mailed to voters until 5 p.m. on the day after
2the special election. The toll-free voter assistance hotline shall
3provide assistance to voters in all languages in which the eligible
4entity is required to provide voting materials and assistance under
5subdivision (c) of Section 14201 and the federal Voting Rights
6Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
7(vi) At least one public service announcement in the media,
8including newspapers, radio, and television, that serve
9English-speaking citizens for purposes of informing voters of the
10upcoming election and promoting the toll-free voter assistance
11hotline.
12(vii) At least one public service announcement in the media,
13including newspapers, radio, and television, that serves
14non-English-speaking citizens for each language in which the
15eligible entity is required to provide voting materials and assistance
16under subdivision (c) of Section 14201 and the federal Voting
17Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
18informing voters of the upcoming election and promoting the
19toll-free voter assistance hotline.
20(viii) A voter education social media strategy that is developed
21in partnership with community organizations and individuals that
22advocate on behalf of, or provide services to, non-English-speaking
23individuals and individuals with disabilities.
24(B) The
voter education and outreach plan shall be posted on
25the Internet Web site of the Secretary of State and on the Internet
26Web site of the elections official.
27(c) Except as otherwise provided in this section, the election
28day procedures shall be conducted in accordance with Division
2914 (commencing with Section 14000).
30(d) The elections official may provide, at his or her discretion,
31additional ballot dropoff locations and polling places for purposes
32of this section.
33(e) The return of voted mail ballots is subject to Sections 3017
34and 3020.
35(f) (1) If the eligible entity conducts a special election pursuant
36to this section, it may process
vote by mail ballot return envelopes
37beginning 29 days before the election. Processing vote by mail
38ballot return envelopes may include verifying the voter’s signature
39on the vote by mail ballot return envelope and updating voter
40history records.
P7 1(2) If the eligible entity conducts a special election pursuant to
2this section, it may start to process vote by mail ballots on the 10th
3business day before the election. Processing vote by mail ballots
4includes opening vote by mail ballot return envelopes, removing
5ballots, duplicating any damaged ballots, and preparing the ballots
6to be machine read, or machine reading them, but under no
7circumstances shall a vote count be accessed or released until 8
8p.m. on the day of the election.
9(g) Results of any vote by mail ballot tabulation
or count shall
10not be released before the close of the polls on the day of the
11election.
12(h) For the sole purpose of reporting the results of an election
13conducted pursuant to this section, upon completion of the ballot
14count, the elections official shall divide the jurisdiction into
15precincts pursuant to Article 2 (commencing with Section 12220)
16of Chapter 3 of Division 12 and shall prepare a statement of the
17results of the election in accordance with Sections 15373 and
1815374.
19(i) The elections official shall compile an index, list, or file of
20all persons who voted in an election conducted pursuant to this
21section. If the elections official uses data-processing equipment
22to compile the index, list, or file, he or she shall retain an accurate
23copy of that index, list, or
file in electronic format for a period of
2410 years.
25(j) (1) If an election is conducted pursuant to this section, the
26eligible entity shall report to the Legislature and to the Secretary
27of State regarding the success of the election, including, but not
28limited to, all of the following:
29(A) Any statistics on the cost to conduct the election.
30(B) The turnout of different populations, including, but not
31limited to, and to the extent possible, the population categories of
32race, ethnicity, language preference, age, gender, disability,
33permanent vote by mail status, and political party preference.
34(C) The number of ballots that were not counted and
the reasons
35they were rejected.
36(D) Voter fraud.
37(E) Any other problems that become known to the eligible entity
38during the election or canvass.
39(2) Whenever possible, using the criteria set forth in paragraph
40(1), the report shall compare the election conducted pursuant to
P8 1this section to similar elections not conducted pursuant to this
2section in the same jurisdiction or comparable jurisdictions.
3(3) Within six months after the date of the election or before
4the date of a subsequent election conducted pursuant to this section,
5whichever is sooner, the eligible entity shall do all of the following
6with respect to the report required by this
subdivision:
7(A) Submit the report to the Legislature in compliance with
8Section 9795 of the Government Code.
9(B) Submit the report to the Secretary of State.
10(C) Post the report on the Internet Web site of the elections
11official.
12(k) For purposes of this section, “eligible entity” means both of
13the following:
14(1) San Diego County.
15(2) A city, school district, community college district, special
16district, or other district or political subdivision organized pursuant
17to state law, whose boundaries are located wholly or partially
18within
San Diego County.
19(l) An election conducted pursuant to this section is not subject
20to Section 4001.5.
21(m) This section shall remain in effect only until January 1,
222021, and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1, 2021, deletes or extends that date.
Section 4001.5 is added to the Elections Code, to read:
(a) Notwithstanding Section 4000 or any other law,
26as a pilot program, a county may conduct an all-mailed ballot
27special election or special consolidated election if the special
28election or special consolidated election is a special election to fill
29a vacancy in a congressional or legislative office.
30(b) A special election or special consolidated election described
31in subdivision (a) may be conducted wholly as an all-mailed ballot
32election if all of the following apply:
33(1) (A) The county board of supervisors, by resolution, approves
34the
county’s participation in the pilot program established by this
35section. A county may only participate in the pilot program if the
36percentage of permanent vote by mail voters in the county equals
37or exceeds 50 percent of the total number of voters in the county,
38as determined at the most recent statewide general election.
39(B) If a county board of supervisors adopts a resolution pursuant
40to subparagraph (A), the county board of supervisors shall transmit
P9 1the resolution to the Secretary of State within 10 days of adopting
2the resolution. Within 10 days of receiving a resolution adopted
3pursuant to subparagraph (A), the Secretary of State shall notify
4the Voting Accessibility Advisory Committee, established pursuant
5to Section 2053, and the Language Accessibility Advisory
6Committee, established pursuant to Section 2600, of the county’s
7participation
in the pilot program.
8(2) The county board of supervisors, by resolution, authorizes
9the use of mailed ballots for the election and the congressional or
10legislative district lies wholly or partially within the county.
11(3) The election does not occur on the same date as a statewide
12direct primary election, statewide general election, or any other
13election conducted in an overlapping jurisdiction that is not
14consolidated and conducted wholly by mail.
15(4) (A) At least one ballot dropoff location is provided per city
16that is open during business hours to receive voted ballots
17beginning not less
than seven days before the date of the election.
18(B) The number of dropoff locations in unincorporated areas
19shall be based on the number of unincorporated registered voters
20divided by 100,000 (rounded to the next whole number) with no
21less than one location to be selected.
22(C) A ballot dropoff location provided for under this section
23shall consist of a locked ballot box located in a secure public
24building that meets the accessibility requirements for a polling
25place.
26(5) On at least one Saturday and Sunday on or after the date the
27county
elections official first delivers ballots to voters, the county
28elections official allows any voter to vote the ballot at a satellite
29location within the county pursuant to Section 3018. The county
30elections official shall determine the hours of operation for each
31Saturday and Sunday, provided that the satellite location is open
32to voters for a minimum of six hours on each designated Saturday
33and Sunday.
34(6) (A) The polling places are fixed in a manner so that there
35is one polling place for every 10,000 registered voters within the
36county, or the portion of the county in which the special election
37is being held, as determined on the 88th day before the day of the
38election. A polling place shall allow a voter to request and vote a
39ballot between 7 a.m. and 8 p.m.
on the day of the election.
P10 1(B) The polling places provided under this section shall be
2established in accordance with the accessibility requirements
3described in Article 5 (commencing with Section 12280) of Chapter
43 of Division 12, the federal Americans with Disabilities Act of
51990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
6Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
7Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and
8shall, to the extent possible, ensure that access is evenly distributed
9throughout the county, or the portion of the county in which the
10special election is being held.
11(C) The polling places provided
under this section shall be
12established at accessible locations and shall be equipped with
13voting units or systems that are accessible to individuals with
14disabilities and that provide the same opportunity for access and
15participation as is provided to voters who are not disabled,
16including the ability to vote privately and independently in
17accordance with Sections 12280 and 19240.
18(D) The county elections official shall consider proximity to
19public transportation in determining the polling places to provide
20under this section.
21(E) If a polling place consolidates one or more precincts for
22which the county elections official is required to recruit precinct
23board members who are fluent in a language in addition to English
24pursuant
to the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
2510101 et seq.), the county elections official shall ensure that the
26polling place is staffed by precinct board members who speak that
27language.
28(F) If a polling place consolidates one or more precincts for
29which the county elections official is required to recruit precinct
30board members who are fluent in a language in addition to English
31pursuant to subdivision (c) of Section 12303, the county elections
32official shall make reasonable efforts to ensure that the polling
33place is staffed by precinct board members who speak that
34language.
35(7) (A) The county elections official delivers to
each voter all
36supplies necessary for the use and return of the mail ballot,
37including an envelope for the return of the voted mail ballot with
38postage prepaid.
39(B) begin deleteThe end deletebegin insertIn addition to the items required to be delivered to each
40voter under subparagraph (C), the end insertcounty elections official delivers
P11 1to each voter a notice,begin delete in addition to the notice required by clause translated in all languages required under
2(i) of subparagraph (C),end delete
3subdivision (c) of Section 14201 and Section 203 of the federal
4Voting Rights Act of 1965 (52 U.S.C. Sec.
10101 et seq.), that
5informs voters that an all-mailed ballot election is being conducted.
6The county elections official may send only one notice to a
7household if multiple registered voters reside within that household.
8(C) The county elections official delivers to each voter, with
9begin delete eitherend delete the sample ballot sent pursuant to Section 13303begin delete orend deletebegin insert andend insert with
10the voter’s ballot, all of the following:
11(i) A notice, translated in all languages required under
12subdivision (c) of Section
14201 and Section 203 of the federal
13Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
14informs voters of all of the following:
15(I) An all-mailed ballot election is being conducted and each
16eligible voter will receive a ballot by mail.
17(II) The voter may cast a ballot in person at a satellite location
18provided for under paragraph (5) or at a polling place on election
19day.
20(III) The voter may request the county elections official to send
21a vote by mail ballot in a language other than English pursuant to
22Section 203 of the federal
Voting Rights Act of 1965 (52 U.S.C.
23Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a
24language other than English pursuant to Section 14201.
25(ii) A list of the ballot dropoff locations, satellite locations, and
26polling places established pursuant to this section. The list shall
27also be posted on the Internet Web site of the county elections
28official.
29(iii) A postage-paid postcard that the voter may return to the
30county elections official for the purpose of requesting a vote by
31mail ballot in a language other than English.
32(8) (A) The county elections official submits to the Secretary
33of State a voter education and outreach plan to be implemented
34by the county for any election conducted pursuant to this section.
35The voter education and outreach plan shall include, but shall not
36be limited to, all of the following:
37(i) One education and outreach meeting that includes
38representatives, advocates, and other stakeholders representing
39each community for which the county is required to provide voting
40materials and assistance in a language other than English under
P12 1subdivision (c) of Section 14201 and the federal Voting Rights
2Act of 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 vote
16by mail ballots are mailed to voters until 5 p.m. on the day after
17the special election. The toll-free voter assistance hotline shall
18provide assistance to voters in all languages in which the county
19is required to provide voting materials and assistance under
20subdivision (c) of Section 14201 and the federal Voting Rights
21Act of 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
32Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
33informing voters of the upcoming election and promoting the
34toll-free voter assistance 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.
39(ix) The registration rates, participation rates, and rejection rates,
40including the reasons for rejection, of permanent vote by mail
P13 1voters and in-person voters for the county. If the information is
2readily available, the county elections official shall include any
3statistics on the turnout of different populations, including, but not
4limited to, the population categories of race, ethnicity, language
5preference, age, gender, and disability. If the data reflects
6significant disparities in voter accessibility and participation, the
7county elections official shall include a statement of how he or
8she plans to address each disparity.
9(B) The voter
education and outreach plan shall be posted on
10the Internet Web site of the Secretary of State and on the Internet
11Web site of the county elections official.
12(9) (A) The county elections official establishes a community
13election advisory committee that consists of community members
14representing minority groups covered under the federal Voting
15Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and subdivision
16(c) of Section 14201 and voters with disabilities including, but not
17limited to, mobility, sensory, physical, and mental disabilities. In
18lieu of a community election advisory committee, the county
19elections official may establishbegin insert bothend insert a local voting accessibility
20advisory
committee pursuant to the guidelines promulgated by the
21Secretary of Statebegin delete.end deletebegin insert and a local language accessibility advisory
22committee. For purposes of this section, a end insertbegin insertlocal language
23accessibility advisory committeeend insertbegin insert shall consist of community
24members representing minority groups covered under the federal
25Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and
26subdivision (c) of Section 14201.end insert
27(B) The advisory committeebegin insert or committeesend insert
described in
28subparagraph (A) shall hold at least one meeting in the year prior
29to an all-mailed ballot election conducted pursuant to this section.
30(c) Except as otherwise provided in this section, the election
31day procedures shall be conducted in accordance with Division
3214 (commencing with Section 14000).
33(d) The county elections official may provide, at his or her
34discretion, additional ballot dropoff locations and polling places
35for purposes of this section.
36(e) The return of voted mail ballots is subject to Sections 3017
37and 3020.
38(f) Participating in the pilot program established by this section
39does not preclude the use of a remote accessible vote by mail
40system.
P14 1(g) (1) If the county conducts a special election pursuant to this
2section, it may process vote by mail ballot return envelopes
3beginning 29 days before the election. Processing vote by mail
4ballot return envelopes may include verifying the voter’s signature
5on the vote by mail ballot return envelope and updating voter
6history records.
7(2) If the county conducts a special election pursuant to this
8section, it may start to process vote by mail ballots on the 10th
9business day before the election.
Processing vote by mail ballots
10includes opening vote by mail ballot return envelopes, removing
11ballots, duplicating any damaged ballots, and preparing the ballots
12to be machine read, or machine reading them, but under no
13circumstances shall a vote count be accessed or released until 8
14p.m. on the day of the election.
15(h) Results of any vote by mail ballot tabulation or count shall
16not be released before the close of the polls on the day of the
17election.
18(i) For the sole purpose of reporting the results of an election
19conducted pursuant to this section, upon completion of the ballot
20count, the county elections official shall divide the county, or the
21portion of
the county in which the special election is being held
22into precincts pursuant to Article 2 (commencing with Section
2312220) of Chapter 3 of Division 12 and shall prepare a statement
24of the results of the election in accordance with Sections 15373
25and 15374.
26(j) The county elections official shall compile an index, list, or
27file of all persons who voted in an election conducted pursuant to
28this section. If the county elections official uses data-processing
29equipment to compile the index, list, or file, he or she shall retain
30an accurate copy of that index, list, or file in electronic format for
31a period of 10 years.
32(k) (1) If an election is
conducted pursuant to this section, the
33county shall report to the Legislature and to the Secretary of State
34regarding the success of the election, including, but not limited to,
35all of the following:
36(A) Any statistics on the cost to conduct the election.
37(B) The turnout of different populations, including, but not
38limited to, and to the extent possible, the population categories of
39race, ethnicity, language preference, age, gender, disability,
40permanent vote by mail status, and political party preference.
P15 1(C) The number of ballots that were not
counted and the reasons
2they were rejected.
3(D) Voter fraud.
4(E) Any other problems that become known to the county during
5the election or canvass.
6(2) Whenever possible, using the criteria set forth in paragraph
7(1), the report shall compare the election conducted pursuant to
8this section to similar elections not conducted pursuant to this
9section in the same county or comparable counties.
10(3) Within six months after
the date of the election or before
11the date of a subsequent election conducted pursuant to this section,
12whichever is sooner, the county shall do all of the following with
13respect to the report required by this subdivision:
14(A) Submit the report to the Legislature in compliance with
15Section 9795 of the Government Code.
16(B) Submit the report to the Secretary of State.
17(C) Post the report on the Internet Web site of the county
18elections official.
19(l) This section shall remain in effect only until January 1, 2021,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2021, deletes or extends that date.
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