Amended in Assembly August 15, 2016

Amended in Assembly June 21, 2016

Amended in Assembly July 7, 2015

Amended in Assembly June 15, 2015

Senate BillNo. 450


Introduced by Senators Allen and Hertzberg

(Principal coauthors: Assembly Membersbegin delete Gonzalez and Mullinend deletebegin insert end insertbegin insertGonzalez, Mullin, Nazarian, and Weberend insert)

February 25, 2015


An act to amend Sections 3017 and 15320 of, to add Sections 4005, 4006, and 4007 to, and to add and repeal Section 4008 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 450, as amended, Allen. Elections: vote by mail voting and mail ballot elections.

Existing law requires all vote by mail ballots to be voted on or before the day of thebegin delete election. Existing law authorizes a vote by mail voter who is unable to return his or her vote by mail ballot to designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the voter to return the ballot, as specified. Existing law prohibits a vote by mail voter’s ballot from being returned by specified persons, including, among others, a paid or volunteer worker of a political party.end deletebegin insert election and requires the vote by mail voter to return the ballot by mail or in person, as specified, to the elections official who issued the ballot.end insert

This bill wouldbegin delete remove those restrictions and instead authorize a vote by mail voter who is unable to return his or her vote by mail ballot to designate any person to return the ballot.end deletebegin insert require an elections official who receives a vote by mail ballot that he or she did not issue to forward that ballot to the elections official who issued the ballot no later than 8 days after receipt. By requiring an elections official to forward a ballot to the elections officialend insertbegin insert who issued the ballot, the bill would impose a state-mandated local program.end insert

Existing law authorizes cities with a population of fewer 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.

This bill would, on or after January 1, 2018, authorize specified counties, and on or after January 1, 2020, authorize any county except the County of Los Angeles, to conduct any election as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections. The bill would require the Secretary of State, within 6 months of each all-mailed ballot election conducted by a county pursuant to these provisions, to report certain information to the Legislature regarding that election. The bill would require the county that conducted the all-mailed ballot election to submit to the Secretary of State the information needed for the Secretary of State to prepare the report.

This bill would, on or after January 1, 2020, authorize the County of Los Angeles to conduct any election as a vote center election if certain conditions are satisfied, including conditions related to ballot dropoffbegin delete locationend deletebegin insert locationsend insert and vote centers. The bill would, on or after January 1, 2020, authorize the County of Los Angeles to conduct a special election as an all-mailed ballot election pursuant to specified provisions that apply to every county that chooses to conduct a special election as an all-mailed ballot election.

This bill would also require the Secretary of State to establish a taskforce that includes certain individuals to review all-mailed ballot elections conducted pursuant to these provisions and to provide comments and recommendations to the Legislature within 6 months of each all-mailed ballot election or vote center election.

begin insert

This bill would incorporate additional changes to Section 3017 of the Elections Code proposed by AB 1921 that would become operative only if AB 1921 and this bill are both chaptered and this bill is chaptered last.

end insert
begin insert

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.

end insert
begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1

SECTION 1.  

Section 3017 of the Elections Code is amended
2to read:

3

3017.  

(a) All vote by mail ballots cast under this division shall
4be voted on or before the day of the election. After marking the
5ballot, the vote by mail voter shall do any of the following: (1)
6return the ballot by mail or in person to the elections official who
7issued the ballot, (2) return the ballot in person to a member of a
8precinct board at a polling place or vote center within the state, or
9(3) return the ballot to a vote by mail ballot dropoff location within
10the state that is provided pursuant to Section 3025 or 4005.
11However, a vote by mail voter who is unable to return the ballot
12may designatebegin delete any personend deletebegin insert his or her spouse, child, parent,
13grandparent, grandchild, brother, sister, or a person residing in
14the same household as the vote by mail voterend insert
to return the ballot
15to the elections official who issued the ballot, to the precinct board
16at a polling place or vote center within the state, or to a vote by
17mail ballot dropoff location within the state that is provided
18pursuant to Section 3025 or 4005. The ballot must, however, be
19received by the elections official who issued the ballot, the precinct
20board, or the vote by mail ballot dropoff location before the close
21of the polls on election day. If a vote by mail ballot is returned to
22a precinct board at a polling place or vote center, or to a vote by
23mail ballot dropoff location, that is located in a county that is not
24the county of the elections official who issued the ballot, the
25elections official for the county in which the vote by mail ballot
26is returned shall forward the ballot to the elections official who
27issued the ballot no later than eight days after receipt.

P4    1(b) The elections official shall establish procedures to ensure
2the secrecy of a ballot returned to a precinct polling place and the
3security, confidentiality, and integrity of any personal information
4collected, stored, or otherwise used pursuant to this section.

5(c) On or before March 1, 2008, the elections official shall
6establish procedures to track and confirm the receipt of voted vote
7by mail ballots and to make this information available by means
8of online access using the county’s elections division Internet Web
9site. If the county does not have an elections division Internet Web
10site, the elections official shall establish a toll-free telephone
11number that may be used to confirm the date a voted vote by mail
12ballot was received.

13(d) The provisions of this section are mandatory, not directory,
14and a ballot shall not be counted if it is not delivered in compliance
15with this section.

begin insert

16
(e) Notwithstanding subdivision (a), a vote by mail voter’s ballot
17shall not be returned by a paid or volunteer worker of a general
18purpose committee, controlled committee, independent expenditure
19committee, political party, candidate’s campaign committee, or
20any other group or organization at whose behest the individual
21designated to return the ballot is performing a service. However,
22this subdivision does not apply to a candidate or a candidate’s
23spouse.

end insert
24begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 3017 of the end insertbegin insertElections Codeend insertbegin insert is amended to
25read:end insert

26

3017.  

(a) All vote by mail ballots cast under this division shall
27be voted on or before the day of the election. After marking the
28ballot, the vote by mail voter shall do any of the following: (1)
29return the ballot by mail or in person to the elections officialbegin delete from
30whom it came,end delete
begin insert who issued the ballot,end insert (2) return the ballot in person
31to a member of a precinct board at a polling placebegin insert or vote centerend insert
32 within thebegin delete jurisdiction,end deletebegin insert state,end insert or (3) return the ballot tobegin delete the elections
33official from whom it came atend delete
a vote by mail ballotbegin delete drop-off
34location, ifend delete
begin insert dropoff location within the state that isend insert provided
35pursuant to Sectionbegin delete 3025.end deletebegin insert 3025 or 4005.end insert However, a vote by mail
36voter who is unable to return the ballot may designatebegin delete his or her
37spouse, child, parent, grandparent, grandchild, brother, sister, or
38a person residing in the same household as the vote by mail voterend delete

39begin insert any personend insert to return the ballot to the elections officialbegin delete from whom
40it came orend delete
begin insert who issued the ballot,end insert to the precinct board at a polling
P5    1placebegin insert or vote centerend insert within thebegin delete jurisdiction.end deletebegin insert state, or to a vote by
2mail ballot dropoff location within the state that is provided
3pursuant to Section 3025 or 4005.end insert
The ballot must, however, be
4received bybegin delete eitherend delete the elections officialbegin delete from whom it came orend deletebegin insert who
5issued the ballot,end insert
the precinctbegin delete boardend deletebegin insert board, or the vote by mail
6ballot dropoff locationend insert
before the close of the polls on election
7day.begin insert If a vote by mail ballot is returned to a precinct board at a
8polling place or vote center, or to a vote by mail ballot dropoff
9location, that is located in a county that is not the county of the
10elections official who issued the ballot, the elections official for
11the county in which the vote by mail ballot is returned shall forward
12the ballot to the elections official who issued the ballot no later
13than eight days after receipt.end insert

14(b) The elections official shall establish procedures to ensure
15the secrecy of a ballot returned to a precinct polling place and the
16security, confidentiality, and integrity of any personal information
17collected, stored, or otherwise used pursuant to this section.

18(c) On or before March 1, 2008, the elections official shall
19establish procedures to track and confirm the receipt of voted vote
20by mail ballots and to make this information available by means
21of online access using the county’s elections division Internet Web
22site. If the county does not have an elections division Internet Web
23site, the elections official shall establish a toll-free telephone
24number that may be used to confirm the date a voted vote by mail
25ballot was received.

26(d) The provisions of this section are mandatory, not directory,
27and a ballot shall not be counted if it is not delivered in compliance
28with this section.

29(e) begin deleteNotwithstanding subdivision (a), a end deletebegin insert(1)end insertbegin insertend insertbegin insertA person designated
30to return a end insert
vote by mailbegin delete voter’send delete ballot shall not begin delete be returned by a
31paid or volunteer worker of a general purpose committee,
32controlled committee, independent expenditure committee, political
33party, candidate’s campaign committee, or any other group or
34organization at whose behest the individual designated to return
35the ballot is performing a service. However, this subdivision does
36not apply to a candidate or a candidate’s spouse.end delete
begin insert receive any form
37of compensation based on the number of ballots that the person
38has returned and no individual, group, or organization shall
39provide compensation on this basis.end insert

begin insert

P6    1
(2) For purposes of this paragraph, “compensation” means
2any form of monetary payment, goods, services, benefits, promises
3or offers of employment, or any other form of consideration offered
4to another person in exchange for returning another voter’s vote
5by mail ballot.

end insert
begin insert

6
(3) Any person in charge of a vote by mail ballot and who
7knowingly and willingly engages in criminal acts related to that
8ballot as described in Division 18 (commencing with Section
918000), including, but not limited to, fraud, bribery, intimidation,
10and tampering with or failing to deliver the ballot in a timely
11fashion, is subject to the appropriate punishment specified in that
12division.

end insert
13

SEC. 2.  

Section 4005 is added to the Elections Code, to read:

14

4005.  

(a) Notwithstanding Section 4000 or any other law, on
15or after January 1, 2018, the Counties of Calaveras, Inyo, Madera,
16Napa, Nevada, Orange, Sacramento, San Luis Obispo, San Mateo,
17Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, and, except as
18provided in Section 4007, on or after January 1, 2020, any county
19may conduct any election as an all-mailed ballot election if all of
20the following apply:

21(1) (A) At least two ballot dropoff locations are provided within
22the jurisdiction where the election is held or the number of ballot
23dropoff locations are fixed in a manner so that there is at least one
24ballot dropoff location provided for every 15,000 registered voters
25within the jurisdiction where the election is held, as determined
26on the 88th day before the day of the election, whichever results
27in more ballot dropoff locations. For purposes of this subparagraph,
28a vote center that includes an exterior ballot drop box counts only
29as a single ballot dropoff location. Ballot dropoff locations shall
30comply with the regulations adopted pursuant to subdivision (b)
31of Section 3025.

32(B) A ballot dropoff location provided for under this section
33consists of a secure, accessible, and locked ballot box located as
34near as possible to established public transportation routes and that
35is able to receive voted ballots. All ballot dropoff locations shall
36be open at least during regular business hours beginning not less
37than 28 days before thebegin delete dateend deletebegin insert dayend insert of the election, and on thebegin delete dateend delete
38begin insert dayend insert of the election. At least one ballot dropoff location shall be an
39accessible, secured, exterior drop box that is available for a
40minimum of 12 hours per day including regular business hours.

P7    1(2) (A) The county elections official permits a voter residing
2in the county to do any of the following at a vote center:

3(i) Return, or vote and return, his or her vote by mail ballot.

4(ii) Register to vote, update his or her voter registration, and
5 vote pursuant to Section 2170.

6(iii) Receive and vote a provisional ballot pursuant to Section
73016 or Article 5 (commencing with Section 14310) of Chapter 3
8of Division 14.

9(iv) Receive a replacement ballot upon verification that a ballot
10for the same election has not been received from the voter by the
11county elections official. If the county elections official is unable
12to determine if a ballot for the same election has been received
13from the voter, the county elections official may issue a provisional
14ballot.

15(v) Vote a regular, provisional, or replacement ballot using
16accessible voting equipment that provides for a private and
17independent voting experience.

18(B) Each vote center shall have at least three voting machines
19that are accessible to voters with disabilities.

20(3) (A) On the day of the election, from 7 a.m. to 8 p.m.,
21inclusive, and on each of the three days before the election, for a
22minimum of eight hours per day, at least one vote center is
23provided for every 10,000 registered voters within the jurisdiction
24where the election is held, as determined on the 88th day before
25the day of the election. At least 90 percent of the number of vote
26centers required by this subparagraph shall be open for all four
27days during the required times. Up to 10 percent of the number of
28vote centers required by this subparagraph may be open for less
29than four days if at least one vote center is provided for every
3010,000 registered voters on each day.

31(B) Notwithstanding subparagraph (A), for a jurisdiction with
32fewer than 20,000 registered voters, a minimum of two voter
33centers are provided on the day of the election and on each of the
34three days before the election within the jurisdiction where the
35election is held.

36(4) (A) Beginning 10 days before the day of the election and
37continuing daily up to and including the fourth day before the
38election, for a minimum of eight hours per day, at least one vote
39center is provided for every 50,000 registered voters within the
P8    1jurisdiction where the election is held, as determined on the 88th
2day before the day of the election.

3(B) Notwithstanding subparagraph (A), for a jurisdiction with
4fewer than 50,000 registered voters, a minimum of two vote centers
5are provided within the jurisdiction where the election is held.

6(C) The vote centers provided under this section are established
7in accordance with the accessibility requirements described in
8Article 5 (commencing with Section 12280) of Chapter 3 of
9Division 12, the federal Americans with Disabilities Act of 1990
10(42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act
11of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting
12Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

13(D) The vote centers provided under this section are equitably
14distributed across the county so as to afford maximally convenient
15options for voters and are established at accessible locations as
16near as possible to established public transportation routes. The
17vote centers shall be equipped with voting units or systems that
18are accessible to individuals with disabilities and that provide the
19same opportunity for access and participation as is provided to
20voters who are not disabled, including the ability to vote privately
21and independently in accordance with Sections 12280 and 19240.

22(E) (i) The vote centers provided under this section have an
23electronic mechanism for the county elections official to
24immediately access, at a minimum, all of the following voter
25registration data:

26(I) Name.

27(II) Address.

28(III) Date of birth.

29(IV) Language preference.

30(V) Party preference.

31(VI) Precinct.

32(VII) Whether or not the voter has been issued a vote by mail
33ballot and whether or not a ballot has been received by the county
34elections official.

35(ii) The electronic mechanism used to access voter registration
36data shall not be connected in any way to a voting system.

37(5) A method is available for voters with disabilities to request
38and receive a blank vote by mail ballot and, if a replacement ballot
39is necessary, a blank replacement ballot that voters with disabilities
40can read and mark privately and independently pursuant to the
P9    1federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et
2seq.).

31 3(6)  (A)  Except as otherwise provided for in this section,
4election boards for the vote centers established under this section
5meet the requirements for eligibility and composition pursuant to
6Article 1 (commencing with Section 12300) of Chapter 4 of
7Division 12.

8(B) Each vote center provides language assistance in all
9languages required in the jurisdiction under subdivision (c) of
10Section 12303 or Section 203 of the federal Voting Rights Act of
111965 (52 U.S.C. Sec. 10101 et seq.) in a manner that enables voters
12of the applicable language minority groups to participate effectively
13in the electoral process. Each vote center shall post information
14regarding the availability of language assistance in English and
15all other languages for which language assistance is required to
16be provided in the jurisdiction under subdivision (c) of Section
1712303 or Section 203 of the federal Voting Rights Act of 1965 (52
18U.S.C. Sec. 10101 et seq.).

19(i) If a vote center is located in, or adjacent to, a precinct, census
20tract, or other defined geographical subsection required to establish
21language requirements under subdivision (c) of Section 12303 or
22Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C.
23Sec. 10101 et seq.), or if it is identified as needing language
24assistance through the public input process described in clause (ii),
25the county elections official shall ensure that the vote center is
26staffed by election board members who speak the required
27language. If the county elections official is unable to recruit
28election board members who speak the required language,
29alternative methods of effective language assistance shall be
30provided by the county elections official.

31(ii) The county elections official shall solicit public input
32regarding which vote centers should be staffed by election board
33members who are fluent in a language in addition to English
34pursuant to subdivision (c) of Section 12303 and Section 203 of
35the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et
36seq.).

37(iii) The county elections official shall provide notice in the
38sample ballot, in vote by mail materials, and on his or her Internet
39Web site of the specific language services available at each vote
40center.

P10   1(C) Each vote center provides election materials translated in
2all languages required in the jurisdiction under subdivision (c) of
3Section 14201 and Section 203 of the federal Voting Rights Act
4of 1965 (52 U.S.C. Sec. 10101 et seq.).

5(D) Each vote center provides reasonable modifications and
6auxiliary aids and services as required by the federal Americans
7with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and
8the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).

9(7) (A) Beginning 10 days before the election, the county
10elections official maintains, in an electronic format, an index of
11voters who have done any of the following at one of the voter
12centers established pursuant to this section:

13(i) Registered to vote or updated his or her voter registration.

14(ii) Received and voted a provisional ballot or replacement
15ballot.

16(iii) Voted a ballot using equipment at the vote center.

17(B) The index required by subparagraph (A) includes the same
18information for each voter as is required to be included on copies
19of the index of affidavits of voter registration that are posted
20pursuant to Section 14294. The index required by subparagraph
21(A) shall be updated continuously during any time that a vote
22center is open in the jurisdiction.

23(8) (A) Beginning 29 days before the day of the election, the
24county elections official mails to each registered voter a vote by
25mail ballot packet that includes a return envelope with instructions
26for the use and return of the vote by mail ballot.

27(B) The county elections official delivers to each voter, with
28either the sample ballot sent pursuant to Section 13303 or with the
29vote by mail ballot packet, all of the following:

30(i) A notice, translated in all languages required under
31subdivision (c) of Section 14201 and Section 203 of the federal
32Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that
33informs voters of all of the following:

34(I) An all-mailed ballot election is being conducted and each
35eligible voter will be issued a vote by mail ballot by mail.

36(II) The voter may cast a vote by mail ballot in person at a vote
37center during the times and days specified in subparagraph (A) of
38paragraph (4) or on election day.

39(III) No later than seven days before the day of the election, the
40voter may request the county elections official to send a vote by
P11   1mail ballot in a language other than English pursuant to Section
2203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
3et seq.) or a facsimile copy of the ballot printed in a language other
4than English pursuant to Section 14201.

5(IV) No later than seven days before the day of the election, the
6voter may request the county elections official to send or deliver
7a ballot that voters with disabilities can read and mark privately
8and independently pursuant to the federal Help America Vote Act
9of 2002 (52 U.S.C. Sec. 20901 et seq.).

10(ii) A list of the ballot dropoff locations and vote centers
11established pursuant to this section, including the dates and hours
12they are open. The list shall also be posted on the Internet Web
13site of the county elections official in a format that is accessible
14for people with disabilities pursuant to Section 11135 of the
15Government Code.

16(iii) A postage-paid postcard that the voter may return to the
17county elections official for the purpose of requesting a vote by
18mail ballot in a language other thanbegin delete English.end deletebegin insert English or for the
19purpose of requesting a vote by mail ballot in an accessible format.end insert

20(C) Upon request, the county elections official provides written
21voting materials to voters with disabilities in an accessible format,
22as required by the federal Americans with Disabilities Act of 1990
23(42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act
24of 1973 (29 U.S.C. Sec. 701 et seq.).

25(9) (A) The county elections official establishes a language
26accessibility advisory committee that is comprised of
27representatives of language minority communities. The committee
28shall be established no later than October 1 of the year before the
29first election conducted pursuant to this section. The committee
30shall hold its first meeting no later than April 1 of the year in which
31the first election is conducted pursuant to this section.

32(B) The county elections official establishes a voting
33accessibility advisory committee that is comprised of voters with
34disabilities. The committee shall be established no later than
35October 1 of the year before the first election conducted pursuant
36to this section. The committee shall hold its first meeting no later
37than April 1 of the year in which the first election is conducted
38pursuant to this section.

P12   1(C) A county with fewer than 50,000 registered voters may
2establish a joint advisory committee for language minority
3communities and voters with disabilities.

4(10) (A) The county elections official develops a draft plan for
5the administration of elections conducted pursuant to this section
6in consultation with the public, including both of the following:

7(i) One meeting, publicly noticed at least 10 days in advance of
8the meeting, that includes representatives, advocates, and other
9stakeholders representing each community for which the county
10is required to provide voting materials and assistance in a language
11other than English under subdivision (c) of Section 14201 and the
12federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

13(ii) One meeting, publicly noticed at least 10 days in advance
14of the meeting, that includes representatives from the disability
15community and community organizations and individuals that
16advocate on behalf of, or provide services to, individuals with
17disabilities.

18(B) The county elections official, when developing the draft
19plan for the administration of elections conducted pursuant to this
20section, considers, at a minimum, all of the following:

21(i) Vote center and ballot dropoff location proximity to public
22transportation.

23(ii) Vote center and ballot dropoff location proximity to
24communities with historically low vote by mail usage.

25(iii) Vote center and ballot dropoff location proximity to
26population centers.

27(iv) Vote center and ballot dropoff location proximity to
28language minority communities.

29(v) Vote center and ballot dropoff location proximity to voters
30with disabilities.

31(vi) Access to accessible and free parking at vote centers and
32ballot dropoff locations.

33(vii) The distance and time a voter must travel by car or public
34transportation to a vote center and ballot dropoff location.

35(viii) The need for alternate methods for voters with disabilities
36for whom vote by mail ballots are not accessible to cast a ballot.

37(ix) Traffic patterns near vote centers and ballot dropoff
38locations.

39(x) The need for mobile vote centers in addition to the number
40of vote centers established pursuant to this section.

P13   1(C) The county elections official publicly notices the draft plan
2for the administration of elections conducted pursuant to this
3section and accepts public comments on the draft plan for at least
414 days before the hearing held pursuant to subparagraph (D).

5(D) (i) Following the 14-day review period required by
6subparagraph (C), the county elections official holds a public
7meeting to consider the draft plan for the administration of elections
8conducted pursuant to this section and to accept publicbegin delete comment.end deletebegin insert end insert
9begin insert comments.end insert The meeting shall be publicly noticed at least 10 days
10in advance of the meeting on the Internet Web sites of the clerk
11of the county board of supervisors and the county elections official,
12or, if neither the clerk of the county board of supervisors nor the
13county elections official maintain an Internet Web site, in the office
14of the county elections official.

15(ii) After the public hearing to consider the draft plan for the
16administration of elections conducted pursuant to this section and
17to accept public comments, the county elections official shall
18consider any public comments he or she receives from the public
19and shall amend the draft plan in response to the public comments
20to the extent he or she deems appropriate. The county elections
21official shall publicly notice the amended draft plan and shall
22accept public comments on the amended draft plan for at least 14
23days before the county elections official may adopt the amended
24draft plan pursuant to subparagraph (E).

25(E) (i) Following the 14-day review and comment period
26required by clause (ii) of subparagraph (D), the county elections
27official may adopt a final plan for the administration of elections
28conducted pursuant to this section, and shall submit the voter
29education and outreach plan that is required by clause (i) of
30subparagraph (I) to the Secretary of State for approval.

31(ii) The Secretary of State shall approve, approve with
32modifications, or reject a voter education and outreach plan
33submitted pursuant to clause (i) of subparagraph (I) within 14 days
34after the plan is submitted by the county elections official.

35(iii) The draft plan, the amended draft plan, and the adopted
36final plan for the administration of elections conducted pursuant
37to this section shall be posted on the Internet Web site of the county
38elections official in each language in which the county is required
39to provide voting materials and assistance under subdivision (c)
40of Section 14201 and the federal Voting Rights Act of 1965 (52
P14   1U.S.C. Sec. 10101 et seq.), and the Secretary of State’s Internet
2Web site in a format that is accessible for people with disabilities
3pursuant to Section 11135 of the Government Code.

4(F) Public meetings held pursuant to this paragraph shall, upon
5request, provide auxiliary aids and services to ensure effective
6communication with people with disabilities.

7(G) Within two years of the adoption of the first plan for the
8administration of elections conducted pursuant to this section, the
9county elections official shall hold public meetings in accordance
10with the procedures described in subparagraphs (C) to (F),
11 inclusive, to consider revising the first plan for the administration
12of elections conducted pursuant to this section. Every four years
13thereafter, the county elections official shall hold public meetings
14in accordance with the procedures described in subparagraphs (C)
15to (F), inclusive, to consider revising the plan for the administration
16of elections conducted pursuant to this section.

17(H) (i) With reasonable public notification, a county elections
18official may amend a plan for the administration of elections
19conducted pursuant to this section no more than 120 days before
20the date of an election held pursuant to this section.

21(ii) With reasonable public notification, a county elections
22official may amend a plan for the administration of elections
23conducted pursuant to this section more than 120 days before the
24date of an election held pursuant to this section if he or she provides
25at least 30 days to accept publicbegin delete commentend deletebegin insert commentsend insert on the
26amended plan.

27(I) The plan for the administration of elections conducted
28pursuant to this section, includes all of the following:

29(i) A voter education and outreach plan that is approved by the
30Secretary of State and that includes all of the following:

31(I) A description of how the county elections official will use
32the media, including social media, newspapers, radio, and television
33that serve language minority communities for purposes of
34informing voters of the upcoming election and promoting the
35toll-free voter assistance hotline.

begin insert

36
(II) A description of how the county elections official will use
37the media, including social media, newspapers, radio, and
38television for purposes of informing voters of the availability of a
39vote by mail ballot in an accessible format and the process for
40requesting such a ballot.

end insert
begin delete

7 P15   1(II)

end delete

2begin insert(III)end insert A description of how the county elections official will have
3a community presence to educate voters regarding the provisions
4of this section.

begin delete

11 5(III)

end delete

6begin insert(IV)end insert A description of the accessible information that will be
7publicly available on the accessible Internet Web site of the county
8elections official.

begin delete

14 9(IV)

end delete

10begin insert(V)end insert A description of the method used by the county elections
11official to identify language minority voters.

begin delete

17 12(V)

end delete

13begin insert(VI)end insert A description of how the county elections official will
14educate and communicate the provisions of this section to the
15public, including:

16(ia) Communities for which the county is required to provide
17voting materials and assistance in a language other than English
18under subdivision (c) of Section 14201 and the federal Voting
19Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The county
20elections official shall hold at least one bilingual voter education
21workshop for each language in which the county is required to
22provide voting materials and assistance in a language other than
23English under subdivision (c) of Section 14201 and the federal
24Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

25(ib) The disability community, including organizations and
26individuals that advocate on behalf of, or provide services to,
27individuals with disabilities. The county elections official shall
28hold at least one voter education workshop to increase accessibility
29and participation of eligible voters with disabilities.

begin delete

36 30(VI)

end delete

31begin insert(VII)end insert A description of how the county will spend the necessary
32resources on voter education and outreach to ensure that voters
33are fully informed about the election. This description shall include
34information about the amount of money the county plans to spend
35on voter education and outreach activities under the plan, and how
36that compares to the amount of money spent on voter education
37and outreach in recent similar elections in the same jurisdiction
38that were not conducted pursuant to this section.

begin delete

4 39(VII)

end delete

P16   1begin insert(VIII)end insert At least one public service announcement in the media,
2including newspapers, radio, and television, that serve
3English-speaking citizens for purposes of informing voters of the
4upcoming election and promoting the toll-free voter assistance
5hotline. Outreach made under this subclause shall include access
6for voters who are deaf or hard of hearing and voters who are blind
7or visually impaired.

begin delete

11 8(VIII)

end delete

9begin insert(IX)end insert At least one public service announcement in the media,
10including newspapers, radio, and television, that serve
11non-English-speaking citizens for each language in which the
12county is required to provide voting materials and assistance under
13subdivision (c) of Section 14201 and the federal Voting Rights
14Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of
15informing voters of the upcoming election and promoting the
16toll-free voter assistance hotline.

begin delete

19 17(IX)

end delete

18begin insert(X)end insert At least two direct contacts with voters for purposes of
19informing voters of the upcoming election and promoting the
20toll-free voter assistance hotline.

21(ii) A description of how a voter with disabilities may request
22 and receive a blank vote by mail ballot and, if a replacement ballot
23is necessary, a blank replacement ballot thatbegin delete votersend deletebegin insert a voterend insert with
24disabilities can mark privately and independently.

25(iii) A description of how the county elections official will
26address significant disparities in voter accessibility and
27participation identified in the report required by subdivision (g).

28(iv) A description of the methods and standards that the county
29elections official will use to ensure the security of voting conducted
30at vote centers.

31(v) Information about estimated short-term and long-term costs
32and savings from conducting elections pursuant to this section as
33compared to recent similar elections in the same jurisdiction that
34were not conducted pursuant to this section.

35(vi) To the extent available at the time of publication,
36information on all of the following:

37(I) The total number of vote centers to be established.

38(II) The total number of ballot dropoff locations to be
39established.

40(III) The location of each vote center.

P17   1(IV) The location of each ballot dropoff location and whether
2it is inside or outside.

3(V) A map of the locations of each vote center and ballot dropoff
4location.

5(VI) The hours of operation for each vote center.

6(VII) The hours of operation for each ballot dropoff location.

7(VIII) The security and contingency plans that would be
8implemented by the county elections official to do both of the
9following:

10(ia) Prevent a disruption of the vote center process.

11(ib) Ensure that the election is properly conducted if a disruption
12occurs.

13(IX) The number of election board members and the number of
14bilingual election board members and the languages spoken.

15(X) The services provided to voters with disabilities, including,
16but not limited to, the type and number of accessible voting
17machines and reasonable modifications at each vote center.

18(XI) The design, layout, and placement of equipment inside
19each voter center that protects each voter’s right to cast a private
20and independent ballot.

21(vii) A toll-free voter assistance hotline that is accessible to
22voters who are deaf or hard of hearing, and that is maintained by
23the county elections official that is operational no later than 29
24days before the day of the election until 5 p.m. on the day after the
25election. The toll-free voter assistance hotline shall provide
26assistance to voters in all languages in which the county is required
27to provide voting materials and assistance under subdivision (c)
28of Section 14201 and the federal Voting Rights Act of 1965 (52
29U.S.C. Sec. 10101 et seq.).

30(J) The plan for the administration of elections conducted
31pursuant to this section is posted in a format that is accessible to
32persons with disabilities on the Internet Web site of the Secretary
33of State and on the Internet Web site of the county elections
34official.

35(b) Notwithstanding Section 4000 or any other law, on or after
36January 1, 2018, the Counties of Calaveras, Inyo, Madera, Napa,
37Nevada, Orange, Sacramento, San Luis Obispo, San Mateo, Santa
38Clara, Shasta, Sierra, Sutter, and Tuolumne, and on or after January
391, 2020, any county may conduct a special election as an all-mailed
40ballot election under this section if all of the following apply:

P18   1(1) The county elections official has done either of the following:

2(A) Previously conducted an election as an all-mailed ballot
3election in accordance with subdivision (a).

4(B) Adopted a final plan for the administration of elections
5pursuant to clause (i) of subparagraph (E) of paragraph (9) of
6subdivision (a), in which case the county elections official shall
7complete all activities provided for in the voter education and
8outreach plan that is required by clause (i) of subparagraph (I) of
9paragraph (9) of subdivision (a) before the day of the special
10election.

11(2) (A) On the day of election, from 7 a.m. to 8 p.m., inclusive,
12at least one vote center is provided for every 30,000 registered
13voters. The county elections official shall make a reasonable effort
14to establish a vote center within the jurisdiction where the special
15election is held.

16(B) Notwithstanding subparagraph (A), for a jurisdiction with
17fewer than 30,000 registered voters, the county elections official
18makes a reasonable effort to establish a vote center.

19(3) (A) Not less than 10 days before the day of the election, for
20a minimum of eight hours per day, at least one vote center is
21provided for every 60,000 registered voters. If the jurisdiction is
22not wholly contained within the county, the county elections
23official shall make a reasonable effort to establish a vote center
24within the jurisdiction where the special election is held.

25(B) Notwithstanding subparagraph (A), for a jurisdiction with
26fewer than 30,000 registered voters, the county elections official
27makes a reasonable effort to establish a vote center.

28(4) (A) At least one ballot dropoff location is provided for every
2915,000 registered voters. At least one ballot dropoff location shall
30be located within the jurisdiction where the special election is held.
31All ballot dropoff locations shall be open at least during regular
32business hours beginning not less than 28 days before the day of
33the election, and on the day of the election.

34(B) Notwithstanding subparagraph (A), for a jurisdiction with
35fewer than 15,000 registered voters, at least one ballot dropoff
36location shall be provided.

37(c) Except as otherwise provided in this section, the election
38day procedures shall be conducted in accordance with Division
3914 (commencing with Section 14000).

P19   1(d) The county elections official may provide, at his or her
2discretion, additional ballot dropoff locations and vote centers for
3purposes of this section.

4(e) The return of voted vote by mail ballots is subject to Sections
53017 and 3020.

6(f) For the sole purpose of reporting the results of an election
7conducted pursuant to this section, upon completion of the ballot
8count, the county elections official shall divide the jurisdiction
9into precincts pursuant to Article 2 (commencing with Section
1012220) of Chapter 3 of Division 12 and shall prepare a statement
11of the results of the election in accordance with Sections 15373
12and 15374.

13(g) (1) (A) Within six months of each election conducted
14pursuant to this section or Section 4007, the Secretary of State
15shall report to the Legislature, to the extent possible, all of the
16following information by categories of race, ethnicity, language
17preference, age, gender, disability, permanent vote by mail status,
18historical polling place voters, political party affiliation, and
19language minorities as it relates to the languages required under
20subdivision (c) of Section 14201 and Section 203 of the federal
21Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.):

22(i) Voter turnout.

23(ii) Voter registration.

24(iii) Ballot rejection rates.

25(iv) Reasons for ballot rejection.

26(v) Provisional ballot use.

begin insert

27
(vi) Accessible vote by mail ballot use.

end insert
begin delete

17 28(vi)

end delete

29begin insert(vii)end insert The number of votes cast at each vote center.

begin delete

18 30(vii)

end delete

31begin insert(viii)end insert The number of ballots returned at ballot dropoff locations.

begin delete

19 32(viii)

end delete

33begin insert(ix)end insert The number of ballots returned by mail.

begin delete

20 34(ix)

end delete

35begin insert(x)end insert The number of persons who registered to vote at a vote
36center.

begin delete

22 37(x)

end delete

38begin insert(xi)end insert Instances of voter fraud.

begin delete

23 39(xi)

end delete

P20   1begin insert(xii)end insert Any other problems that became known to the county
2elections official or the Secretary of State during the election or
3canvass.

4(B) The report required by subparagraph (A) shall be posted on
5the Internet Web site of the Secretary of State in a format that is
6accessible for people with disabilities pursuant to Section 11135
7of the Government Code.

8(C) The report required by subparagraph (A) shall be submitted
9to the Legislature in compliance with Section 9795 of the
10Government Code.

11(D) If an election is conducted pursuant to this section, the
12county shall submit, to the extent possible, to the Secretary of State
13the information needed for the Secretary of State to prepare the
14report required by subparagraph (A).

15(2) The county elections official shall post on his or her Internet
16Web site a report that compares the cost of elections conducted
17pursuant to this section to the costs of previous elections. The
18report shall be posted in a format that is accessible for people with
19disabilities pursuant to Section 11135 of the Government Code.

20(h) The Secretary of State shall enforce the provisions of this
21section pursuant to Section 12172.5 of the Government Code.

22(i) For purposes of this section, “disability” has the same
23meaning as defined in subdivisions (j), (m), and (n) of Section
2412926 of the Government Code.

25

SEC. 3.  

Section 4006 is added to the Elections Code, to read:

26

4006.  

For any election conducted pursuant to Section 4005,
27the county elections official shall make a reasonable effort to
28inform a voter of either of the following:

29(a) If the voter’s vote by mail ballot envelope is missing a
30signature.

31(b) How the voter can correct the missing signature.

32

SEC. 4.  

Section 4007 is added to the Elections Code, to read:

33

4007.  

(a) On or after January 1, 2020, the County of Los
34Angeles may conduct any election as a vote center election if all
35of the following apply:

36(1) The county elections official complies with all the provisions
37of subdivision (a) of Section 4005 that are not inconsistent with
38this section.

39(2) Every permanent vote by mail voter receives a ballot.

P21   1(3) At least two ballot dropoff locations are provided within the
2jurisdiction where the election is held or the number of ballot
3dropoff locations are fixed in a manner so that there is at least one
4ballot dropoff location provided for every 15,000 permanent vote
5by mail registered voters within the jurisdiction where the election
6is held, as determined on the 88th day before the day of the
7election, whichever results in more ballot dropoff locations.

8(4) On the day of the election, from 7 a.m. to 8 p.m., inclusive,
9and on each of the three days before the election, for a minimum
10of eight hours per day, at least one vote center is provided for every
117,500 registered voters within the jurisdiction where the election
12is held, as determined on the 88th day before the day of the
13election. At least 90 percent of the number of vote centers required
14by this subparagraph shall be open for all four days during the
15required times. Up to 10 percent of the number of vote centers
16required by this subparagraph may be open for less than four days
17if at least one vote center is provided for every 7,500 registered
18voters on each day.

19(5) Beginning 10 days before the day of the election and
20continuing up to and including the fourth day before the day of
21the election, for a minimum of eight hours per day, at least one
22vote center is provided for every 30,000 registered voters within
23the jurisdiction where the election is held, as determined on the
2488th day before the election.

25(6) Precincts with fewer than 500 registered voters are
26designated as all vote-by-mail ballot precincts.

27(7) Voters residing inbegin delete jurisdictionsend deletebegin insert a legislative or congressional
28district that lies partiallyend insert
within the County of Los Angelesbegin delete that
29border aend delete
begin insert and that also lies within anotherend insert county that is conducting
30an election pursuant to subdivision (a) of Section 4005 receive a
31vote by mail ballot if they are eligible to vote in that election.

32(8) Voters in a precinct that is either more than a 30 minute
33travel time from a vote center or in which the polling place in the
34most recent statewide general election is more than 15 miles from
35the nearest vote center are mailed a vote by mail ballot.

36(9) The vote centers are located within a reasonable travel time
37of registered voters.

38(10) The county elections official conducts a service area
39analysis of the vote center plans, identifies services gaps, and
40publicly reports those findings.

P22   1(b) Notwithstanding Section 4000 or any other law, on or after
2January 1, 2020, the County of Los Angeles may conduct a special
3election as an all-mailed ballot election pursuant to subdivision
4(b) of Section 4005.

5(c) No later than four years after conducting the first vote center
6election pursuant to this section, the County of Los Angeles may
7conduct all-mailed ballot elections pursuant to Section 4005 and
8shall not conduct vote center elections pursuant to this section.

9

SEC. 5.  

Section 4008 is added to the Elections Code, to read:

10

4008.  

(a) The Secretary of State shall establish a taskforce that
11includes representatives of all of the following:

12(1) County elections officials.

13(2) Individuals with demonstrated language accessibility
14experience for languages covered under the federal Voting Rights
15Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

16(3) The disability community and community organizations and
17individuals that advocate on behalf of, or provide services to,
18individuals with disabilities.

19(4) Experts with demonstrated experience in the field of
20elections.

21(b) The taskforce shall review elections conducted pursuant to
22Section 4005 or 4007 and provide comments and recommendations
23to the Legislature within six months of each election conducted
24pursuant to Section 4005 or 4007.

25(c) This section shall remain in effect only until January 1, 2022,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2022, deletes or extends that date.

28

SEC. 6.  

Section 15320 of the Elections Code is amended to
29read:

30

15320.  

Vote by mail ballots and mail ballot precinct ballots
31returned to the elections office and to the polls on election day that
32are not included in the semifinal official canvass phase of the
33election, including any ballots returned to another jurisdiction in
34the state and forwarded to the elections official who issued the
35ballot pursuant to Section 3017, shall be processed and counted
36during the official canvass in the manner prescribed by Chapter 2
37(commencing with Section 15100) and pursuant to the requirements
38of Section 3019.

39begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
40Section 3017 of the Elections Code proposed by both this bill and
P23   1Assembly Bill 1921. It shall only become operative if (1) both bills
2are enacted and become effective on or before January 1, 2017,
3(2) each bill amends Section 3017 of the Elections Code, and (3)
4this bill is enacted after Assembly Bill 1921, in which case Section
51 of this bill shall not become operative.

end insert
6begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.

end insert


O

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