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 wouldbegin delete requireend deletebegin insert
allow county elections officials to apply for funding to provide early voting. If a county obtains funding sufficient to satisfy all associated costs, the bill would requireend insert an elections official, on at least one Saturday and Sunday 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 Saturday and Sunday on which early voting is offered, provided that each location shall be open to voters for a minimum of 6 hours on each designated Saturday and
Sunday. These provisions regarding Saturday and Sunday 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.
end deleteThe 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 deleteThis 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 deleteThis bill would become operative on January 1, 2016.
Vote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
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
P3 1or another location designated by the elections official either before
2or on the day of the election.
For purposes of promoting and expanding the practice
4of early voting consistent with the authority granted by this
5division, the Secretary of State shall provide guidance to local
6elections officials in accomplishing all of the following:
7(a) Establishing one or more locations for early voting, which
8may include the office of the local elections official.
9(b) Notifying voters of the early voting location or locations.
10(c) Ensuring that the early voting location or locations and the
11procedures used therein comply with disability access requirements
12under federal and state
law.
(a) begin deleteOn end deletebegin insertEach county elections official may apply to the
14Secretary of State for funding from the federal Help America Vote
15Act of 2002 (42 U.S.C. Sec. 15301 et seq.) to provide early voting
16pursuant to this chapter. If a county obtains funding sufficient to
17satisfy all associated costs, the elections official shall provide early
18voting pursuant to subdivision (b). If a county does not obtain
19funding sufficient to satisfy all associated costs, the elections
20official may, but is not required to, provide early voting pursuant
21to subdivision (b).end insert
22begin insert(b)end insertbegin insert end insertbegin insertIf early voting is provided pursuant to subdivision (a), on end insert
23at least one Saturday and Sunday on or after the date an elections
24official first delivers ballots to vote by mail voters for a statewide
25election, or for any other election as determined by the elections
26official based on voter demand, the elections official shall allow
27voters to vote in the election by means of early voting at an early
28voting location designated for this purpose, provided that the
29location is accessible and complies with disability access
30requirements under federal and state law. The elections official
31may determine the hours of operation for the designated early
32voting location or locations for each Saturday and
Sunday on which
33early voting is offered pursuant to this section, provided that each
34location shall be open to voters for a minimum of six hours on
35each designated Saturday and Sunday.
36(b)
end delete
37begin insert(c)end insert Subdivisionbegin delete (a)end deletebegin insert (b)end insert does not apply to elections conducted
38wholly by mail or to a precinct in which each voter is furnished a
39vote by mail ballot pursuant to Section 3005.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
This act shall become operative on January 1, 2016.
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