Amended in Assembly April 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2028

Introduced by Assembly Member Mullin

(Coauthor: Senator Hill)

February 20, 2014

An act to begin delete add end delete begin insert amend end insert Section begin delete 4001.5 end delete begin insert 4001 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2028, as amended, Mullin. All-mailed ballot elections: begin delete counties end delete begin insert San Mateo County end insert .

begin insert

Existing law authorizes, as a pilot program, until December 31, 2017, elections in Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If Yolo County conducts an all-mailed ballot election, existing law requires the county to report to the Legislature and the Secretary of State, as specified.

end insert begin insert

This bill would also authorize San Mateo County to conduct all-mailed ballot elections pursuant to these provisions. The bill would require that ballot dropoff locations be fixed in a manner so that the number of residents for each ballot dropoff location does not exceed 100,000 on the 88th day prior to the day of election if it would result in more dropoff locations, as specified.

end insert begin delete

Existing law authorizes a local, special, or consolidated election to be conducted as an all-mailed ballot election, so long as specified conditions are satisfied. Existing law authorizes elections in the County of Yolo to be conducted wholly by mail as a pilot program, until January 1, 2018, if specified conditions are satisfied.

end delete begin delete

This bill would authorize a special election to be conducted in a county, including a charter county or charter city and county, wholly by mail, if specified conditions are satisfied.

end delete

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 Section 4001 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

4001.  

(a) Notwithstanding Section 4000 or any other law, as
a pilot program, elections in begin insert San Mateo County and end insert Yolo County
may be conducted wholly by mail if all of the following conditions
are satisfied:

(1) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and notifies
the Secretary of State of its intent to conduct an all-mailed ballot
election at least 88 days prior to the date of the election.

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

(3) The election is not a special election to fill a vacancy in a
state office, the Legislature, or Congress.

(4) (A) At least one ballot dropoff location is provided per city
begin delete and is end delete begin insert or the ballot dropoff locations are fixed in a manner so that
the number of residents for each ballot dropoff location does not
exceed 100,000 on the 88th day prior to the day of election,
whichever results in more dropoff locations. A ballot dropoff
location shall be end insert open during business hours to receive voted
ballots beginning 28 days before the date of the election and until
8 p.m. on the day of the election.

(B) At least one polling place is provided per city where voters
can request a ballot between 7 a.m. and 8 p.m. on the day of the
election if they have not received their ballots in the mail or if they
need replacement ballots for any other reason.

(C) Upon the request of the city, county, or district, the elections
official, at his or her discretion, may provide additional ballot
dropoff locations and polling places.

(5) The 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.

(6) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter’s
ballot, a list of the ballot dropoff locations and polling places
provided pursuant to paragraph (4), and also posts that list on the
Internet Web site of the county elections office.

(7) The return of voted mail ballots is subject to Section 3017.

(8) (A) The polling places provided under this section are at
an accessible location and are equipped with voting units or
systems that are accessible to individuals with disabilities and that
provide the same opportunity for access and participation, including
the ability to vote privately and independently.

(B) 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.

(9) Elections begin insert in the county conducted end insert pursuant to this section
may be held on no more than three different dates.

(b) (1) If the county conducts an all-mailed ballot election
begin insert pursuant to this section end insert , on or before December 31, 2017, the
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, to the extent
possible, the population categories of race, ethnicity, age, gender,
disability, permanent vote by mail status, and political party
affiliation; the number of ballots that are not counted and the
reasons they were rejected; voter fraud; and any other problems
that become known to the county during the election or canvass.

(2) Whenever possible, using the criteria set forth in paragraph
(1), the report of the county shall compare the success of the
all-mailed ballot election to similar elections not conducted wholly
by mail in the same jurisdiction or comparable jurisdictions.

(3) The report of the county shall be submitted to the Legislature
pursuant to Section 9795 of the Government Code within six
months after the date of the all-mailed ballot election or prior to
the date of any other all-mailed ballot election subject to this
section to be conducted in the county, whichever is sooner.

(c) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin delete

SECTION 1.  

Section 4001.5 is added to the Elections Code,
to read:

4001.5.  

Notwithstanding Sections 4000 and 4001 or any other
law, a special election in a county, including a charter county or
charter city and county, may be conducted wholly by mail if all
of the following conditions are satisfied:

(1) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and notifies
the Secretary of State of its intent to conduct an all-mailed ballot
election at least 88 days prior to the date of the election.

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

(3) If the area within which the voters reside who are qualified
to vote in the election includes more than one county, the governing
body of the county enters into an agreement with each county
within the electoral jurisdiction to conduct the special election
wholly by mail pursuant to this section.

(4) (A) At least one ballot dropoff location is provided per city
or the ballot dropoff locations are fixed in a manner so that the
number of voters for each ballot dropoff location does not exceed
70,000 on the 88th day prior to the day of election, whichever
results in more dropoff locations. A ballot dropoff location shall
be open during business hours to receive voted ballots beginning
28 days before the date of the election and until 8 p.m. on the day
of the election.

(B) At least one polling place is provided per city or the polling
places are fixed in a manner so that the number of voters for each
polling place does not exceed 70,000 on the 88th day prior to the
day of election, whichever results in more polling places. A polling
place shall allow a voter to request a ballot between 7 a.m. and 8
p.m. on the day of the election if the voter has not received their
ballots in the mail or if the voter needs a replacement ballot for
any other reason.

(C) Upon the request of the city, county, or district, the elections
official, at his or her discretion, may provide additional ballot
dropoff locations and polling places.

(5) The 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.

(6) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter’s
ballot, a list of the ballot dropoff locations and polling places
provided pursuant to paragraph (4), and also posts that list on the
Internet Web site of the county elections office.

(7) The return of voted mail ballots is subject to Section 3017.

(8) (A)   The polling places provided under this section are at an
accessible location and are equipped with voting units or systems
that are accessible to individuals with disabilities and that provide
the same opportunity for access and participation, including the
ability to vote privately and independently.

(B) 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.

(9) Elections pursuant to this section may be held on no more
than three different dates.

end delete