Amended in Senate August 22, 2014

Amended in Assembly May 28, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1873

Introduced by Assembly Members Gonzalez and Mullin

February 19, 2014

An act to amend Section 10703 of, and to add begin insert and repeal end insert Section 4000.5 begin delete to, end delete begin insert of, end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1873, as amended, Gonzalez. begin delete Mail end delete begin insert Special mail end insert ballot elections begin insert : San Diego County end insert .

Existing law provides for the calling of a special election to fill a congressional or legislative vacancy. Under existing law, the governing body of a local agency is authorized to conduct a local, special, or consolidated election wholly by mail under specified conditions.

This bill would, until January 1, 2020, authorize begin delete a board of supervisors of a county end delete begin insert San Diego County end insert to conduct begin delete a end delete begin insert , as a pilot program, an all-mailed ballot end insert special election or special consolidated election to fill a congressional or legislative vacancy begin delete wholly by mail end delete under specified conditions. The bill would also authorize begin delete any jurisdiction conducting a special election wholly by mail end delete begin insert the county end insert to process vote by mail ballot return envelopes beginning 29 days before the election, and would authorize begin delete any jurisdiction in possession of the necessary computer capability end delete begin insert the county end insert to process vote by mail ballots on the 10th business day before the election, as specified.

begin insert

The bill would express the intent of the Legislature that voter education and outreach efforts be conducted in order to assist voters accustomed to voting at the polls if an all-mailed ballot election is conducted, as specified. The bill would require the county to submit a report to the Legislature and to the Secretary of State that includes specified statistics related to any all-mailed ballot election conducted under the pilot program, as specified.

end insert begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature hereby finds and declares
all of the following: end insert

begin insert

(1) While the number of voters in California casting ballots by
mail continues to increase, all-mailed ballot elections are not an
appropriate method to conduct regularly scheduled elections as
significant numbers of voters continue to vote at polling places.

end insert begin insert

(2) The unique voting behavior and demographics of San Diego
County relative to the rest of the state enable San Diego County
to conduct elections primarily by vote by mail ballot, as follows:

end insert begin insert

(A) The mean percentage of voters within San Diego County
casting vote by mail ballots is equal to or greater than the statewide
mean percentage of voters casting vote by mail ballots.

end insert begin insert

(B) The majority of all ballots cast within San Diego County
are vote by mail ballots.

end insert begin insert

(C) The mean percentage of vote by mail ballots cast but not
counted within San Diego County does not exceed the statewide
mean percentage of vote by mail ballots cast but not counted.

end insert begin insert

(D) In San Diego County, the percentage of vote by mail ballots
cast by members of a protected class is equal to or greater than
the percentage of votes cast by members of a protected class at
polling places for any specified election. For purposes of this act,
“protected class” means voters who are members of a racial or
language minority group, as referenced and defined in the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.).

end insert begin insert

(E) In San Diego County, the percentage of vote by mail ballots
cast for special elections represents more than 50 percent of all
ballots cast.

end insert begin insert

(F) Over 50 percent of all eligible registered voters in San Diego
County are permanent vote by mail voters.

end insert begin insert

(b) Accordingly, it is the intent of the Legislature in enacting
this act for a specified period to achieve all of the following:

end insert begin insert

(1) Ample voter education and outreach efforts shall be
conducted to assist voters accustomed to voting at the polls to vote
using vote by mail ballots.

end insert begin insert

(2) Voter education and outreach shall be provided in English
and in every language in which a ballot is required to be made
available pursuant to the Elections Code and the federal Voting
Rights Act of 1965, and shall include the steps an elections official
is required to take to ensure that voter education and outreach is
conducted in those languages.

end insert begin insert

(3) In preparation for a special election pursuant to this act,
San Diego County shall consult with communities with
limited-English-proficient persons and historically lower voter
turnout, in addition to nonprofit community-based organizations
including, but not limited to, organizations that work with and
advocate on behalf of people with disabilities.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 4000.5 is added to the Elections Code, to read:

4000.5.  

(a) Notwithstanding Section 4000 or any other law, begin delete a end delete
begin insert as a pilot program, an all-mailed ballot end insert special election or special
consolidated election begin insert in San Diego County end insert may be conducted
begin delete wholly by mail end delete to fill a vacancy in a congressional or legislative
office if all of the following apply:

begin insert

(1) The congressional or legislative district lies wholly within
San Diego County.

end insert begin delete

(1)

end delete

begin insert (2) end insert  The begin delete board of supervisors of each county that lies in whole
or in part within the congressional or legislative district end delete begin insert Board of
Supervisors of San Diego County end insert , by resolution, authorizes the
use of mailed ballots for the election.

begin delete

(2)

end delete

begin insert (3) end insert  The election does not occur on the same date as a statewide
direct primary election, statewide general election, or any other
election conducted in an overlapping jurisdiction that is not
consolidated and conducted wholly by mail begin delete pursuant to this section end delete .

begin delete

(3)

end delete

begin insert (4) end insert  (A)  begin delete At end delete begin insert If the boundaries of the congressional or legislative
district overlap with the boundaries of a city, at end insert least one ballot
dropoff location is provided per city and is open during business
hours to receive voted ballots beginning not less than seven days
before the date of the election.

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

begin insert

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

end insert begin delete

(C)

end delete

begin insert (5) end insert  On at least one Saturday and Sunday on or after the date begin delete an end delete
begin insert the county end insert elections official first delivers ballots to voters, the
elections official begin delete shall allow end delete begin insert allows end insert any voter to vote the ballot at
a satellite location within the congressional or legislative district
pursuant to Section 3018. The elections official shall determine
the hours of operation for each Saturday and Sunday, provided
that the satellite location shall be open to voters for a minimum of
six hours on each designated Saturday and Sunday.

begin delete

(D)

end delete

begin insert (6) end insert begin insert   end insert begin insert (A) end insert  At least one polling place is provided per city or the
polling places are fixed in a manner so that there is one polling
place for every 10,000 registered voters within the congressional
or legislative district, as determined on the 88th day prior to the
day of the election, whichever results in more polling places. A
polling place shall allow a voter to request and vote a ballot
between 7 a.m. and 8 p.m. on the day of the election.

begin delete

(E)

end delete

begin insert (B) end insert  The polling places provided under this section shall be
established in accordance with the accessibility requirements
described in Article 5 (commencing with Section 12280) of Chapter
3 of Division 12 begin insert , the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America
Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), end insert and begin delete in end delete the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.), and shall
begin delete be end delete begin insert , to the extent possible, ensure that access is end insert evenly distributed
throughout the congressional or legislative district.

begin delete

(F) Precinct boards shall be appointed and established in
accordance with Article 1 (commencing with Section 12300) of
Chapter 4 of Division 12.

end delete begin delete

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

end delete begin delete

(H) The elections official may provide, at his or her discretion,
additional ballot dropoff locations and polling places.

end delete begin delete

(4)

end delete begin insert

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

end insert begin insert

(D) If a polling place consolidates one or more precincts for
which the county elections official is required to recruit precinct
board members who are fluent in a language in addition to English
pursuant to subdivision (c) of Section 12303 or the federal Voting
Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.), the elections
official shall make reasonable efforts to ensure that the polling
place is staffed by precinct board members who speak those
languages.

end insert

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

begin delete

(5)

end delete

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

begin delete

(A)

end delete

begin insert (i) end insert  A notice begin delete informing voters that the election is being conducted
wholly by mail and that each eligible voter will receive a ballot
by mail. end delete begin insert , translated in all languages required under subdivision
(c) of Section 14201 and Section 203 of the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 et seq.), that informs voters of
all of the following: end insert

begin insert

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

end insert begin insert

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

end insert begin insert

(III) The voter may request the county elections official to send
a vote by mail ballot in a language other than English pursuant
to Section 203 of the federal Voting Rights Act of 1965 (42 U.S.C.
Sec. 1971 et seq.) or a facsimile copy of the ballot printed in other
languages pursuant to Section 14201.

end insert begin delete

(B)

end delete

begin insert (ii) end insert  A list of the ballot dropoff locations begin insert , satellite locations, end insert and
polling places established pursuant to begin delete paragraph (3). end delete begin insert this section. end insert
The list shall also be posted on the Internet Web site of the county
elections official.

begin delete

(C)

end delete

begin insert (iii) end insert  A begin delete statement informing voters that the voting materials,
including the official ballot and the facsimile ballot, are available
in all languages required by subdivision (c) of Section 14201 or
the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et
seq.). end delete begin insert postage-paid postcard that the voter may return to the county
elections official for the purpose of requesting a vote by mail ballot
in a language other than English. end insert

begin delete

(b) If the congressional or legislative district includes more than
one county, the board of supervisors of every county within the
district shall enter into an agreement to conduct the special election
wholly by mail pursuant to this section.

(c)

end delete begin insert

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

end insert begin insert

(i) One education and outreach meeting that shall include
representatives, advocates, and other stakeholders representing
each community for which the county is required to provide voting
materials and assistance in other languages under subdivision (c)
of Section 14201 and the federal Voting Rights Act of 1965 (42
U.S.C. Sec. 1971 et seq.).

end insert begin insert

(ii) One education and outreach meeting that shall include
representatives from community organizations and individuals
that advocate on behalf of, or provide services to, individuals with
disabilities.

end insert begin insert

(iii) At least one bilingual voter education program for each
language in which the county is required to provide voting
materials and assistance under subdivision (c) of Section 14201
and the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et
seq.).

end insert begin insert

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

end insert begin insert

(v) A toll-free voter assistance hotline maintained by the county
elections official that shall be operational no later than the date
that vote by mail ballots are mailed to voters until 5 p.m. on the
day after the special election. The toll-free voter assistance hotline
shall provide assistance to voters in all languages in which the
county is required to provide voting materials and assistance under
subdivision (c) of Section 14201 and the federal Voting Rights Act
of 1965 (42 U.S.C. Sec. 1971 et seq.).

end insert begin insert

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

end insert begin insert

(vii) At least one public service announcement in the media,
including newspapers, radio, and television, that serve
non-English-speaking citizens for each language in which the
county is required to provide voting materials and assistance under
subdivision (c) of Section 14201 and the federal Voting Rights Act
of 1965 (42 U.S.C. Sec. 1971 et seq.) for purposes of informing
voters of the upcoming election and promoting the toll-free voter
assistance hotline.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

begin insert (d) end insert  The return of voted mail ballots is subject to begin delete subdivision (d)
and Section end delete begin insert Sections end insert 3017 begin insert and 3020 end insert .

begin delete

(d) (1) All vote by mail ballots cast under this section shall be
received by the elections official from whom they were obtained
or by the precinct board no later than the close of the polls on
election day.

(2) Notwithstanding paragraph (1), any vote by mail ballot cast
under this section shall be timely cast if it is received by the voter’s
elections official no later than three days after election day and
either of the following is satisfied:

(A) The ballot is postmarked on or before election day or is
time stamped or date stamped by a bona fide private mail delivery
company on or before election day.

(B) If the ballot has no postmark, a postmark with no date, or
an illegible postmark, the vote by mail ballot identification
envelope is signed and dated pursuant to Section 3011 on or before
election day.

end delete

(e) (1)  begin delete Any jurisdiction conducting a special election under this
section end delete begin insert If the county conducts a special election pursuant to this
section, it end insert may process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail
ballot return envelopes may include verifying the voter’s signature
on the vote by mail ballot return envelope and updating voter
history records.

(2)  begin delete Any jurisdiction conducting a special election under this
section and in possession of the necessary computer capability end delete begin insert If
the county conducts a special election pursuant to this section, it end insert
may start to process vote by mail ballots on the 10th business day
before the election. Processing vote by mail ballots includes
opening vote by mail ballot return envelopes, removing ballots,
duplicating any damaged ballots, and preparing the ballots to be
machine read, or machine reading them, but under no circumstances
shall a vote count be accessed or released until 8 p.m. on the day
of the election. begin delete All other jurisdictions shall start to process vote
by mail ballots at 5 p.m. on the day before the election. end delete

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

begin insert

(g) For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the county elections official shall divide the jurisdiction
into precincts pursuant to Article 2 (commencing with Section
12220) of Chapter 3 of Division 12 and shall prepare a statement
of the results of the election in accordance with Sections 15373
and 15374.

end insert begin insert

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

end insert begin insert

(i) (1) If an election is conducted pursuant to this section, San
Diego County shall report to the Legislature and to the Secretary
of State regarding the success of the election, including, but not
limited to, any statistics on the cost to conduct the election; the
turnout of different populations, including, but not limited to and
to the extent possible, the population categories of race, ethnicity,
language preference, age, gender, disability, permanent vote by
mail status, and political party affiliation as it relates to the
languages required under the federal Voting Rights Act of 1965;
the number of ballots that were not counted and the reasons they
were rejected; voter fraud; and any other problems that became
known to the county during the election or canvass.

end insert begin insert

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

end insert begin insert

(3) Within six months after the date of the election or prior to
the date of a subsequent election conducted pursuant to this
section, whichever is sooner, San Diego County shall do all of the
following with respect to the report required by this subdivision:

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin delete

(g)

end delete

begin insert ( end insert begin insert j) end insert  This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 10703 of the Elections Code is amended to
read:

10703.  

(a) A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the
Assembly shall be conducted on a Tuesday at least 126 days, but
not more than 140 days, following the issuance of an election
proclamation by the Governor pursuant to Section 1773 of the
Government Code, except that the special election may be
conducted within 180 days following the proclamation in order
that the election or the primary election may be consolidated with
the next regularly scheduled statewide election or local election
occurring wholly or partially within the same territory in which
the vacancy exists, provided that the voters eligible to vote in the
local election comprise at least 50 percent of all the voters eligible
to vote on the vacancy.

(b) Except as provided in Chapter 3 (commencing with Section
10730), a special election or a primary election may not be
conducted on the day after a state holiday.

(c) (1) A special election described in this section may be
conducted begin delete wholly by mail end delete begin insert as an all-mailed ballot election end insert pursuant
to Section 4000.5.

(2) This subdivision shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that date.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the voting behavior, demographic
characteristics, and unique special election experiences of San
Diego County. It is the intent of the Legislature that the provisions
of this act serve as a pilot program for future special elections.

end insert