Amended in Assembly June 15, 2015

Senate BillNo. 450


Introduced bybegin delete Senatorend deletebegin insert Senatorsend insert Allenbegin insert and Hertzbergend insert

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(Principal coauthor: Assembly Member Gonzalez)

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February 25, 2015


An act tobegin delete amend Section 3022 ofend deletebegin insert add Section 4005 toend insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 450, as amended, Allen. Elections:begin delete sample ballots.end deletebegin insert all-mailed ballot elections.end insert

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Existing law authorizes cities with a population of less than 100,000 persons, school districts, and special districts to conduct an all-mailed ballot special election to fill a vacancy on the legislative or governing body of those entities under specified conditions.

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This bill would, on or after January 1, 2018, authorize a county to conduct any election as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations and polling centers. The bill would require a county that conducts an all-mailed ballot election to report certain information to the Legislature and the Secretary of State regarding the success of the first all-mailed ballot election conducted pursuant to these provisions.

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Existing law, for each election, requires each appropriate elections official to cause to be printed sample ballots, as specified, and requires the sample ballots to be mailed to each registered voter not more than 40 nor less than 21 days before the election. Existing law requires the elections official to include with the sample ballot an application for a vote by mail ballot.

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This bill would require the application for a vote by mail ballot that is included with the sample ballot to include a space for the voter to apply for permanent vote by mail status. By requiring elections officials to provide a higher level of service, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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 4005 is added to the end insertbegin insertElections Codeend insertbegin insert, to
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begin insert4005.end insert  

(a) Notwithstanding Section 4000 or any other law, on
4or after January 1, 2018, a county may conduct any election as
5an all-mailed ballot election if all of the following apply:

6(1) (A) At least one ballot dropoff location is provided within
7the jurisdiction where the election is held or the number of ballot
8dropoff locations are fixed in a manner so that there is at least
9one ballot dropoff location provided for every 5,000 registered
10voters within the jurisdiction where the election is held, as
11determined on the 88th day before the day of the election,
12whichever results in more ballot dropoff locations.

13(B) A ballot dropoff location provided for under this section
14consists of a locked ballot box located in a secure public building
15that meets the accessibility requirements for a polling place and
16is open during business hours to receive voted vote by mail ballots
17beginning not less than 14 days before the date of the election.

18(2) Ballot dropoff locations are placed in a manner that best
19serves the voters at accessible locations as near as possible to
20established public transportation routes.

21(3) The county elections official permits a voter residing in the
22county to do any of the following at a polling center:

23(A) Return, or vote and return, his or her vote by mail ballot.

P3    1(B) Register to vote and vote pursuant to Section 2170.

2(C) Receive and vote a provisional ballot pursuant to Section
33016 or Article 5 (commencing with Section 14310) of Chapter 3
4of Division 14.

5(4) Every polling center is open to voters not less than 10 days
6before the date of the election for a minimum of eight hours per
7day except that every polling center is open from 7 a.m. to 8 p.m.
8on the day of the election, except as provided in Section 14401.

9(5) (A) At least one polling center is provided within the
10jurisdiction where the election is held or the number of polling
11centers are fixed in a manner so that there is at least one polling
12center provided for every 15,000 registered voters within the
13jurisdiction where the election is held, as determined on the 88th
14day before the day of the election, whichever results in more polling
15centers.

16(B) The polling centers provided under this section are
17established in accordance with the accessibility requirements
18described in Article 5 (commencing with Section 12280) of Chapter
193 of Division 12, the federal Americans with Disabilities Act of
201990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
21Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal
22Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

23(C) The polling centers provided under this section are
24established at accessible locations as near as possible to
25established public transportation routes and are equipped with
26voting units or systems that are accessible to individuals with
27disabilities and that provide the same opportunity for access and
28participation as is provided to voters who are not disabled,
29including the ability to vote privately and independently in
30accordance with Sections 12280 and 19240.

31(6) (A) Except as otherwise provided for in this section, precinct
32boards for the polling centers established under this section meet
33the requirements for eligibility and composition pursuant to Article
341 (commencing with Section 12300) of Chapter 4 of Division 12.

35(B) If a polling center is located in an area otherwise consisting
36of one or more precincts for which the county elections official is
37required to recruit precinct board members who are fluent in a
38language in addition to English pursuant to subdivision (c) of
39Section 12303 and the federal Voting Rights Act of 1965 (52 U.S.C.
40Sec. 10101 et seq.), the county elections official makes reasonable
P4    1efforts to ensure that the polling center is staffed by precinct board
2members who speak that language.

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

7(B) The county elections official delivers to each voter, with
8either the sample ballot sent pursuant to Section 13303 or with
9the vote by mail 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 vote by mail ballot by mail.

16(II) The voter may cast a vote by mail ballot in person at a
17polling center during the times and days specified in paragraph
18(4) or on election day.

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 and polling centers
25established pursuant to this section. The list shall also be posted
26on the Internet Web site of the county elections official.

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

30(8) (A) The county elections official submits to the Secretary
31of State a voter education and outreach plan to be implemented
32by the county 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 county is required to provide voting
38materials and assistance in a language other than English under
39subdivision (c) of Section 14201 and the federal Voting Rights Act
40of 1965 (52 U.S.C. Sec. 10101 et seq.).

P5    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 bilingual voter education workshop for each
6language in which the county is required to provide voting
7materials and assistance under subdivision (c) of Section 14201
8and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
9et seq.).

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

12(v) A toll-free voter assistance hotline maintained by the county
13elections official that is operational no later than 29 days before
14the date of the election until 5 p.m. on the day after the election.
15The toll-free voter assistance hotline shall provide assistance to
16voters in all languages in which the county is required to provide
17voting materials and assistance under subdivision (c) of Section
1814201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
1910101 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, that serve
27non-English-speaking citizens for each language in which the
28county is required to provide voting materials and assistance under
29subdivision (c) of Section 14201 and the federal Voting Rights Act
30of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing
31voters of the upcoming election and promoting the toll-free voter
32assistance 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 is posted on the
38Internet Web site of the Secretary of State and on the Internet Web
39site of the county elections official.

P6    1(b) Except as otherwise provided in this section, the election
2day procedures shall be conducted in accordance with Division
314 (commencing with Section 14000).

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

7(d) The return of voted vote by mail ballots is subject to Sections
83017 and 3020.

9(e) For the sole purpose of reporting the results of an election
10conducted pursuant to this section, upon completion of the ballot
11count, the county elections official shall divide the jurisdiction
12into precincts pursuant to Article 2 (commencing with Section
1312220) of Chapter 3 of Division 12 and shall prepare a statement
14of the results of the election in accordance with Sections 15373
15and 15374.

16(f) (1) If an election is conducted pursuant to this section, the
17county shall report to the Legislature and to the Secretary of State
18regarding the success of the first election conducted pursuant to
19this section, including, but not limited to, all of the following:

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

21(B) The turnout of different populations, including, but not
22limited to, and to the extent possible, the population categories of
23race, ethnicity, language preference, age, gender, disability,
24permanent vote by mail status, and political party affiliation as it
25relates to the languages required under the federal Voting Rights
26Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

27(C) The number of ballots that were not counted and the reasons
28they were rejected.

29(D) Voter fraud.

30(E) Any other problems that became known to the county during
31the election or canvass.

32(2) Whenever possible, using the criteria set forth in paragraph
33(1), the report shall compare the election conducted pursuant to
34this section to similar elections not conducted pursuant to this
35section in the same jurisdiction or comparable jurisdictions.

36(3) Within six months after the date of the election or before the
37date of a subsequent election conducted pursuant to this section,
38whichever is sooner, a county shall do all of the following with
39respect to the report required by this subdivision:

P7    1(A) Submit the report to the Legislature in compliance with
2Section 9795 of the Government Code.

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

4(C) Post the report on the Internet Web site of the county
5elections official.

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SECTION 1.  

Section 3022 of the Elections Code is amended
7to read:

8

3022.  

The elections official shall include with the sample ballot
9an application for a vote by mail ballot, and the application shall
10include a space for the voter to apply for permanent vote by mail
11status.

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SEC. 2.  

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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