Amended in Senate June 2, 2015

Senate BillNo. 163


Introduced by Senator Hertzberg

February 4, 2015


An act to add Section 3000.5 to the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 163, as amended, Hertzberg. Elections: vote by mail ballot.

Existing law requires the vote by mail ballot to be available to any registered voter and requires an application for a vote by mail voter’s ballot to be made in writing to the elections official having jurisdiction over the election between certain days before the election.

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This bill, notwithstanding any other law, would require county elections officials to issue a vote by mail ballot to every registered voter in the county for statewide primary, special, and general elections. The bill would include findings and declarations related to vote by mail ballots. By requiring county elections officials to issue a vote by mail ballot to every registered voter, the bill would impose a state-mandated local program.

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This bill would establish, until January 1, 2019, a vote by mail pilot program in the County of Los Angeles for statewide elections. The bill would require, as part of the pilot program, that the county elections official issue a vote by mail ballot to each registered voter for a qualifying election. The bill would also require the elections official, among other things, to engage in voter education efforts to increase voter awareness of the pilot program and to report on the voter turnout for qualifying elections to the Secretary of State and the Legislature on or before December 31, 2018.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

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begin insertSECTION 1.end insert  

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begin insertSection 3000.5 is added to the end insertbegin insertElections Codeend insertbegin insert,
2to read:end insert

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3

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(a) A vote by mail pilot program shall be established
4in the County of Los Angeles for any statewide election held
5between January 1, 2017, and December 31, 2018, inclusive.

6(b) Notwithstanding Section 3001, the elections official for the
7County of Los Angeles, in conjunction with the Secretary of State,
8shall issue a vote by mail ballot to each registered voter in that
9county for any statewide election held during the period specified
10in subdivision (a).

11(c) Notwithstanding any other law, each of the following shall
12apply to the vote by mail pilot program with respect to a statewide
13election held during the period specified in subdivision (a):

14(1) The elections official is authorized to mail the vote by mail
15ballots together with other election materials issued by the county
16to reduce overall mailing expenses.

17(2) The elections official shall consider reducing or
18consolidating precincts in anticipation of a reduction in the number
19of voters who vote at precinct polling places, subject to the
20requirements of Sections 12223 and 12241.

21(3) The elections official is deemed to comply with the
22requirements of Section 14102 if the number of official ballots
23provided to each precinct is not less than 50 percent of registered
24voters in the precinct.

25(4) The elections official shall engage in voter education efforts
26to increase voter awareness of the vote by mail pilot program. As
27part of the voter education efforts, voters shall be encouraged, if
P3    1they intend to vote at a polling place, to bring their vote by mail
2ballot to the polling place to streamline their voting process.

3(5) In addition to any other reporting requirements required by
4law, the elections official shall report on the voter turnout for the
5County of Los Angeles for any qualifying statewide election
6described in subdivision (a) to the Secretary of State and to the
7Legislature, in the manner provided by Section 9795 of the
8Government Code, on or before December 31, 2018.

9(d) This section shall remain in effect only until January 1, 2019,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2019, deletes or extends that date.

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begin insertSEC. end insertbegin insert2.end insert  

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If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.

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17

SECTION 1.  

The Legislature finds and declares all of the
18following:

19(a) In maintaining a healthy democracy in California, it is
20important to encourage and ensure that the residents of the state
21have the tools needed to participate in every election.

22(b) On average, in California counties 46.2 percent of voters
23receive their ballots by mail.

24(c) Recent studies show that registered voters who automatically
25receive their ballots by mail are more likely to vote.

26(d) Broadening the ability of California residents to engage in
27the democratic process will yield more representative election
28results and will ensure that the voices of more California residents
29are heard.

30

SEC. 2.  

Section 3000.5 is added to the Elections Code, to read:

31

3000.5.  

Notwithstanding any other law, a county elections
32official shall issue a vote by mail ballot to every registered voter
33in the county for statewide primary, special, and general elections.
34The distribution of vote by mail ballots to all registered voters
35shall not prevent registered voters from exercising their right to
36vote at their designated precinct polling locations.

37

SEC. 3.  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

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