AB 2177, as amended, Brown. Early voting.
Existing law establishes procedures for voters to apply for a vote by mail ballot and use the ballot to vote in an election. Existing law allows a jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballots 29 days before the election.
This bill would require the Secretary of State to provide guidance to local elections officials in performing specified tasks for the purpose of promoting and expanding the practice of early voting, as defined, consistent with specified statutory authority. The bill would define “early voting” to mean voting a vote by mail ballot in person at the office of the elections official or another location designated by the elections official either before or on the day of the election.
The bill would require an elections official, on at least
one Saturdaybegin insert and Sundayend insert on or after the date the elections official first delivers ballots to vote by mail voters for a statewide election, or for any other election as determined by the elections official based on voter demand, to allow voters to vote in the election by means of early voting at the early voting location designated for this purpose, provided that the location is accessible and complies with disability access requirements under federal and state law. The bill would permit the elections official to determine the hours of operation for the designated early voting location or locations for each Saturdaybegin insert and Sundayend insert on which early voting is offered, provided that each location shall be open to voters for a minimum ofbegin delete 4end deletebegin insert
6end insert hours on each designated Saturdaybegin insert and Sundayend insert. These provisions regarding Saturdaybegin insert and Sundayend insert voting would not apply to elections conducted wholly by mail or to precincts in which each voter is furnished with a vote by mail ballot, as specified.
By requiring local elections officials to perform additional duties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
end deleteThis bill would become operative on January 1, 2016.
end insertVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to make voting more convenient and accessible in order to
3increase voter turnout at elections.
Chapter 4 (commencing with Section 3300) is added
5to Division 3 of the Elections Code, to read:
6
For purposes of this chapter, “early voting” means voting
10a vote by mail ballot in person at the office of the elections official
11or another location designated by the elections official either before
12or on the day of the election.
For purposes of promoting and expanding the practice
2of early voting consistent with the authority granted by this
3division, the Secretary of State shall provide guidance to local
4elections officials in accomplishing all of the following:
5(a) Establishing one or more locations for early voting, which
6may include the office of the local elections official.
7(b) Notifying voters of the early voting location or locations.
8(c) Ensuring that the early voting location or locations and the
9procedures used therein comply with disability access requirements
10under federal and state
law.
(a) On at least one Saturdaybegin insert and Sundayend insert on or after the
12date an elections official first delivers ballots to vote by mail voters
13for a statewide election, or for any other election as determined
14by the elections official based on voter demand, the elections
15official shall allow voters to vote in the election by means of early
16voting at an early voting location designated for this purpose,
17provided that the location is accessible and complies with disability
18access requirements under federal and state law. The elections
19official may determine the hours of operation for the designated
20early voting location or locations for each Saturdaybegin insert
and Sundayend insert
21 on which early voting is offered pursuant to this section, provided
22that each location shall be open to voters for a minimum ofbegin delete fourend delete
23begin insert sixend insert hours on each designated Saturdaybegin insert and Sundayend insert.
24(b) Subdivision (a) does not apply to elections conducted wholly
25by mail or to a precinct in which each voter is furnished a vote by
26mail ballot pursuant to Section 3005.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
33immediate preservation of the public peace, health, or safety within
34the meaning of Article IV of the Constitution and shall go into
35immediate effect. The facts constituting the necessity are:
36In order for elections officials to provide voters with increased
37opportunities for early voting at the earliest possible election dates,
38it is necessary that this act take effect immediately.
begin insertThis act shall become operative on January 1, 2016.end insert
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