Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2562

Introduced by Assembly Member Fong

February 21, 2014

begin delete An act to amend Sections 14300, 17301, and 17302 of the Elections Code, relating to elections. end delete begin insert An act to amend Section 5091 of the Education Code, to amend Sections 100, 105, 2102, 2107, 9020, 11302, 14300, 17301, and 17302 of, and to repeal Section 10552 of, the Elections Code, relating to elections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2562, as amended, Fong. Elections begin delete : ballots end delete .

begin insert

(1) Existing law provides that whenever a vacancy occurs or a resignation containing a deferred effective date has been filed with the county superintendent of schools, the school district or community college district governing board is required, within 60 days, to either order an election or make a provisional appointment. Existing law provides that if a provisional appointment is made, the registered voters of the district may, within 30 days, petition for a special election to fill the vacancy, and requires a specified number of registered voters of the district to sign the petition.

end insert begin insert

This bill would clarify the meaning of “registered voters” of the district for purposes of those provisions.

end insert begin insert

(2) Under existing law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed registration to be deemed effective upon receipt of the affidavit of registration by the county elections official if the affidavit is postmarked, submitted to the Department of Motor Vehicles or a voter registration agency, or delivered to the county elections official by other means on or before the 15th day prior to the election.

end insert begin insert

This bill would also require the registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted electronically on the Internet Web site of the Secretary of State on or before the 15th day prior to the election.

end insert begin insert

(3) Existing law entitles only an eligible registered voter to sign an initiative, referendum, recall, nominating petition or paper, or any other petition or paper and requires each signer to personally affix his or her signature, printed name, and place of residence on the petition or paper. Existing law requires the elections official, when verifying signatures on a petition or paper, to determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration. If the addresses are different, the petition or paper does not specify the residence address, or certain information is not included, existing law requires that the affected signature not be counted as valid.

end insert begin insert

This bill would prohibit an elections official who is verifying signatures on a petition or paper from invalidating a signature for an incomplete or inaccurate apartment or unit number in the residence address.

end insert begin insert

(4) Existing law requires the county elections official to file with the Secretary of State a statement containing specified information for each election in the county held pursuant to the Uniform District Election Law. Existing law requires the county elections official to file the statement no later than December 31 immediately following a general district election.

end insert begin insert

This bill would repeal these provisions.

end insert begin insert

(5) Existing provisions of the California Constitution and statute authorize the recall of state and local officers. Under existing law, if a vacancy occurs in office after a recall petition is filed against the vacating officer, the recall election is required to proceed. The vacancy in that office is required to be filled as provided by law, but a person appointed to fill the vacancy holds office only until a successor is selected and qualifies for that office.

end insert begin insert

This bill would delete and correct erroneous cross-references in this provision of law.

end insert

(6) Existing law regulates generally the issuing of ballots on election day as well as the use of direct recording electronic voting systems. Existing law defines the terms “direct recording electronic voting system” and “paper record copy” for purposes of these provisions.

This bill would correct erroneous cross references to the code section that defines those terms.

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 5091 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

5091.  

(a)  begin delete Whenever end delete begin insert (1) end insert begin insert   end insert begin insert I end insert begin insert f end insert a vacancy occurs, or begin delete whenever end delete begin insert if end insert
a resignation has been filed with the county superintendent of
schools containing a deferred effective date, the school district or
community college district governing board shall, within 60 days
of the vacancy or the filing of the deferred resignation, either order
an election or make a provisional appointment to fill the vacancy.
A governing board member may not defer the effective date of his
or her resignation for more than 60 days after he or she files the
resignation with the county superintendent of schools.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert the event that a governing board fails to make a
provisional appointment or order an election within the prescribed
60-day period as required by this section, the county superintendent
of schools shall order an election to fill the vacancy.

(b) When an election is ordered, it shall be held on the next
established election date provided pursuant to Chapter 1
(commencing with Section 1000) of Division 1 of the Elections
Code not less than 130 days after the order of the election.

(c) (1) If a provisional appointment is made within the 60-day
period, the registered voters of the district may, within 30 days
from the date of the appointment, petition for the conduct of a
special election to fill the vacancy. A petition shall be deemed to
bear a sufficient number of signatures if signed by at least the
number of registered voters of the district equal to 11⁄2 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members, or 25 registered
voters, whichever is greater. However, in districts with begin delete registered
voters of end delete less than 2,000 begin delete persons, end delete begin insert registered voters, end insert a petition shall
be deemed to bear a sufficient number of signatures if signed by
at least 5 percent of the number of registered voters of the district
at the time of the last regular election for governing board
members.

(2) The petition shall be submitted to the county superintendent
of schools having jurisdiction who shall have 30 days to verify the
signatures. If the petition is determined to be legally sufficient by
the county superintendent of schools, the provisional appointment
is terminated, and the county superintendent of schools shall order
a special election to be conducted no later than the 130th day after
the determination. However, if an established election date, as
defined in Section 1000 of the Elections Code, occurs between the
130th day and the 150th day following the order of the election,
the county superintendent of schools may order the special election
to be conducted on the regular election date.

begin insert

(3) For purposes of this section, “registered voters” means the
following:

end insert begin insert

(A) If the district uses the at-large method of election, as defined
in subdivision (a) of Section 14026 of the Elections Code,
registered voters of the entire school district or community college
district.

end insert begin insert

(B) If the district uses district-based elections, as defined in
subdivision (b) of Section 14026 of the Elections Code, registered
voters of the election district.

end insert

(d) A provisional appointment made pursuant to subdivision
(a) confers all powers and duties of a governing board member
upon the appointee immediately following his or her appointment.

(e) A person appointed to fill a vacancy shall hold office only
until the next regularly scheduled election for district governing
board members, whereupon an election shall be held to fill the
vacancy for the remainder of the unexpired term. A person elected
at an election to fill the vacancy shall hold office for the remainder
of the term in which the vacancy occurs or will occur.

(f) (1)  begin delete Whenever end delete begin insert If end insert a petition calling for a special election is
circulated, the petition shall meet all of the following requirements:

(A) The petition shall contain the estimate of the elections
official of the cost of conducting the special election.

(B) The name and residence address of at least one, but not
more than five, of the proponents of the petition shall appear on
the petition, each of which proponents shall be a registered voter
of the school district or community college district, as applicable.

(C) None of the text or other language of the petition shall
appear in less than six-point type.

(D) The petition shall be prepared and circulated in conformity
with Sections 100 and 104 of the Elections Code.

(2) If any of the requirements of this subdivision are not met as
to any petition calling for a special election, the county
superintendent of schools shall not verify the signatures, nor shall
any further action be taken with respect to the petition.

(3) No person shall permit the list of names on petitions
prescribed by this section to be used for any purpose other than
qualification of the petition for the purpose of holding an election
pursuant to this section.

(4) The petition filed with the county superintendent of schools
shall be subject to the restrictions in Section 6253.5 of the
Government Code.

(g) Elections held pursuant to subdivisions (b) and (c) shall be
conducted in as nearly the same manner as practicable as other
governing board member elections.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 100 of the end insert begin insert Elections Code end insert begin insert , as enacted by
Section 2 of Chapter 920 of the Statutes of 1994, is amended to
read: end insert

100.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other provision of law, whenever
begin delete any end delete begin insert an end insert initiative, referendum, recall, nominating petition or paper,
or any other petition or paper, is required to be signed by voters
of begin delete any end delete begin insert a end insert county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign it. begin delete Each end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, begin delete giving end delete begin insert including the end insert street and number begin insert of the place of
residence end insert , and if no street or number begin insert for the place of residence end insert
exists, then a designation of the place of residence begin delete which end delete begin insert that end insert will
enable the location to be readily ascertained. begin insert An incomplete or
inaccurate apartment or unit number in the signer’s residence
address shall not invalidate his or her signature pursuant to Section
105. end insert A space at least one inch wide shall be left blank after each
name for the use of the elections official in verifying the petition
or paper. begin delete The end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert part of a petition for the begin delete voters’ end delete signatures, printed
names, and residence addresses begin insert of the voters end insert and for the blank
spaces for verification purposes shall be numbered consecutively
commencing with the number one and continuing through the
number of signature spaces allotted to each section. The petition
format shall be substantially in the following form:

 

Official Use Only

 

 

(Print Name)      1.     (Signature)	(Residence Address ONLY)       (City)
(Print Name)      2.     (Signature)	(Residence Address ONLY)       (City)

 

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 100 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 1 of Chapter 364 of the Statutes of 2009, is amended to
read: end insert

100.  

(a) Notwithstanding any other provision of law, whenever
an initiative, referendum, recall, nominating petition or paper, or
any other petition or paper, is required to be signed by voters of a
county, city, school district, or special district subject to petitioning,
only a person who is an eligible registered voter at the time of
signing the petition or paper is entitled to sign the petition or paper.
A person who submits his or her affidavit of registration pursuant
to subdivision (d) of Section 2102 is not eligible to sign a petition
or paper unless at the time of the signing of the petition or paper
he or she is 18 years of age.

(b) A signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, including the street and number of the place of residence,
and if no street or number for the place of residence exists, then a
designation of the place of residence that will enable the location
to be readily ascertained. begin insert An incomplete or inaccurate apartment
or unit number in the signer’s residence address shall not
invalidate his or her signature pursuant to Section 105 end insert begin insert . end insert A space
at least one inch wide shall be left blank after each name for the
use of the elections official in verifying the petition or paper.

(c) The part of a petition for the signatures, printed names, and
residence addresses of the voters and for the blank spaces for
verification purposes shall be numbered consecutively commencing
with the number one and continuing through the number of
signature spaces allotted to each section. The petition format shall
be substantially in the following form:

 

Official Use Only

 

 

(Print Name)  1.      (Signature)	(Residence Address ONLY)      (City)
(Print Name)  2.      (Signature)	(Residence Address ONLY)      (City)

 

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 105 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

105.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert For purposes of verifying begin delete signatures end delete begin insert a signature end insert
on begin delete any end delete begin insert an end insert initiative, referendum, recall, nomination, or other
election petition or paper, the elections official shall determine
that the residence address on the petition or paper is the same as
the residence address on the affidavit of registration. If the
addresses are different, or if the petition or paper does not specify
the residence address, or, in the case of an initiative or referendum
petition, begin delete if end delete the information specified in Section 9020 is not
contained in the petition, the affected signature shall not be counted
as valid.

begin delete

Any

end delete begin insert

(2) Notwithstanding paragraph (1), the elections official shall
not invalidate a signature for an incomplete or inaccurate
apartment or unit number in the signer’s residence address.

end insert

begin insert (b) end insert begin insert   end insert begin insert A end insert signature invalidated pursuant to this section shall not
affect the validity of begin delete other end delete begin insert another end insert valid begin delete signatures end delete begin insert signature end insert on
the particular petition or paper.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2102 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 2 of Chapter 899 of the Statutes of 2000, is amended to
read: end insert

2102.  

(a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the facts
required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant’s precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:

(1) The affidavit is postmarked on or before the 15th day prior
to the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the begin insert federal end insert National Voter
Registration Act of 1993 (42 U.S.C. Sec. begin delete 1973gg) end delete begin insert 1973gg et seq.) end insert
on or before the 15th day prior to the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) begin delete or end delete begin insert and end insert (2) on
or before the 15th day prior to the election.

begin insert

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

end insert

(b) For purposes of verifying begin delete signatures end delete begin insert a signature end insert on a recall,
initiative, or referendum petition or begin delete signatures end delete begin insert a signature end insert on a
nomination paper or any other election petition or election paper,
a properly executed affidavit of registration shall be deemed
effective for verification purposes if both begin delete (a) the affidavit is signed
on the same date or a date prior to the signing end delete of the begin delete petition or
paper, and (b) the affidavit is received by the county elections
official on or before the date on which the petition or paper is filed. end delete
begin insert following conditions are satisfied: end insert

begin insert

(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.

end insert begin insert

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

end insert

(c) Notwithstanding any other begin delete provision of end delete law to the contrary,
the affidavit of registration required under this chapter begin delete may end delete begin insert shall end insert
not be taken under sworn oath, but the content of the affidavit shall
be certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2102 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 2 of Chapter 364 of the Statutes of 2009, is amended to
read: end insert

2102.  

(a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the facts
required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant’s precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:

(1) The affidavit is postmarked on or before the 15th day prior
to the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the begin insert federal end insert National Voter
Registration Act of 1993 (42 U.S.C. Sec. begin delete 1973gg) end delete begin insert 1973gg et seq.) end insert
on or before the 15th day prior to the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) begin delete or end delete begin insert and end insert (2) on
or before the 15th day prior to the election.

begin insert

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

end insert

(b) For purposes of verifying begin delete signatures end delete begin insert a signature end insert on a recall,
initiative, or referendum petition or begin delete signatures end delete begin insert a signature end insert on a
nomination paper or any other election petition or election paper,
a properly executed affidavit of registration shall be deemed
effective for verification purposes if both of the following
conditions are satisfied:

(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

(c) Notwithstanding any other begin delete provision of end delete law to the contrary,
the affidavit of registration required under this chapter begin delete may end delete begin insert shall end insert
not be taken under sworn oath, but the content of the affidavit shall
be certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.

(d) A person who is at least 17 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2107 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 3 of Chapter 899 of the Statutes of 2000, is amended to
read: end insert

2107.  

(a) Except as provided in subdivision (b), the county
elections official shall accept affidavits of registration at all times
except during the 14 days immediately preceding begin delete any end delete begin insert an end insert election,
when registration shall cease for that election as to electors residing
in the territory within which the election is begin delete to be end delete held. Transfers
of registration for an election may be made from one precinct to
another precinct in the same county at any time begin delete when end delete registration
is in progress in the precinct to which the elector seeks to transfer.

(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:

(1) The affidavit is postmarked on or before the 15th day prior
to the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the begin insert federal end insert National Voter
Registration Act of 1993 (42 U.S.C. Sec. begin delete 1973gg) end delete begin insert 1973gg et seq.)
on or before the 15th day end insert prior to the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs begin delete (2) end delete begin insert (1) end insert and begin delete (3) end delete begin insert (2) end insert
on or before the 15th day prior to the election.

begin insert

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2107 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 1 of Chapter 497 of the Statutes of 2012, is amended to
read: end insert

2107.  

(a) Except as provided in subdivision (b) and Article
4.5 (commencing with Section 2170), the county elections official
shall accept affidavits of registration at all times except during the
14 days immediately preceding begin delete any end delete begin insert an end insert election, when registration
shall cease for that election as to electors residing in the territory
within which the election is held. Transfers of registration for an
election may be made from one precinct to another precinct in the
same county at any time registration is in progress in the precinct
to which the elector seeks to transfer.

(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:

(1) A mailed affidavit is postmarked on or before the 15th day
prior to the election and received by mail by the county elections
official before the close of the polls on election day.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. begin delete 1973gg) end delete begin insert 1973gg et seq.) end insert
on or before the 15th day prior to the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.

begin insert

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 9020 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9020.  

begin insert (a) end insert begin insert   end insert The petition sections shall be designed so that each
signer shall personally affix all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  His or her signature.

begin delete

(b)

end delete

begin insert (2) end insert  His or her printed name.

begin delete

(c)

end delete

begin insert (3) end insert  His or her residence address, giving street and number, or
if no street or number exists, adequate designation of residence so
that the location may be readily ascertained. begin insert An incomplete or
inaccurate apartment or unit number in his or her residence
address shall not invalidate his or her signature pursuant to Section
105. end insert

begin delete

(d)

end delete

begin insert (4) end insert  The name of his or her incorporated city or unincorporated
community.

begin delete

Only

end delete

begin insert (b) end insert begin insert   end insert begin insert Only end insert a person who is a qualified registered voter at the time
of signing the petition is entitled to sign it.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert number of signatures attached to each section shall be
at the pleasure of the person soliciting the signatures.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 10552 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

10552.  

No later than December 31 immediately following a
general district election, the county elections official shall file with
the Secretary of State a statement containing all of the following
for each election in the county held pursuant to this part:

(a) The list of offices to be filled.

(b) The name of each candidate, including occupational
designation, if any.

(c) The name of each successful candidate.

(d) The number of voters eligible to vote in the district and, if
voting is by division, the number of voters eligible to vote in each
division.

(e) The number of votes for each candidate.

(f) The list of offices for which appointments have been made
in lieu of election pursuant to Section 10515 together with names
of the persons so appointed.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 11302 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

11302.  

If a vacancy occurs in an office after a recall petition
is filed against the vacating officer, the recall election shall
nevertheless proceed. The vacancy shall be filled as provided by
law, but any person appointed to fill the vacancy shall hold office
only until a successor is selected in accordance with Article 4
(commencing with Section begin delete 11360) or Article 5 (commencing with
Section 11380), end delete begin insert 11381), end insert and the successor qualifies for that office.

SECTION 1.  

Section 14300 of the Elections Code is amended
to read:

14300.  

(a) In the case of an election for a state or federal office,
each polling place using a direct recording electronic voting system,
as defined by Section 19271, the elections official shall provide
paper ballots equivalent to the following percentages:

(1) For a statewide general election, no less than 10 percent of
the registered voters in the polling place.

(2) For a statewide direct primary election, for each partisan
ballot form for which at least 10 percent of the registered voters
in the polling place are eligible to request, no less than 5 percent
of the registered voters in the precinct eligible to request that ballot
form at the polling place. For nonpartisan voters, the total number
of paper ballots among all ballot forms that they are eligible to
request shall be no less than 5 percent of registered nonpartisan
voters at the polling place.

(3) For any other state or federal election contest, no less than
5 percent of registered voters at the polling place.

(4) For purposes of this section, the number of registered voters
shall be based on the registration on the 88th day prior to the day
of the election.

(b) The elections official shall establish procedures for the use
of the paper ballots described in this section in the event the direct
recording electronic voting system becomes nonfunctional.

(c) Upon request, the precinct board shall provide a paper ballot
to a voter, regardless of the availability of the direct recording
electronic voting system, as long as supplies remain available.

(d) The paper ballots described in this section may consist of
provisional ballots.

(e) Any vote cast on a provisional ballot subject to this section
by an otherwise qualified voter shall be counted as a regular ballot
and shall not be subject to the requirements of Section 14310.

SEC. 2.  

Section 17301 of the Elections Code is amended to
read:

17301.  

(a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator,
and United States Representative.

(b) The packages containing the following ballots and
identification envelope shall be kept by the elections official,
unopened and unaltered, for 22 months from the date of the
election:

(1) Voted polling place ballots.

(2) Paper record copies, as defined by Section 19271, if any, of
voted polling place ballots.

(3) Voted vote by mail voter ballots.

(4) Vote by mail voter identification envelopes.

(5) Voted provisional voter ballots.

(6) Provisional ballot voter identification envelopes.

(7) Spoiled ballots.

(8) Canceled ballots.

(9) Unused vote by mail ballots surrendered by the voter
pursuant to Section 3015.

(10) Ballot receipts.

(c) If a contest is not commenced within the 22-month period,
or if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters’ signatures
is not commenced within the 22-month period, either of which
may involve the vote of the precinct from which voted ballots were
received, the elections official shall have the ballots destroyed or
recycled. The packages shall otherwise remain unopened until the
ballots are destroyed or recycled.

SEC. 3.  

Section 17302 of the Elections Code is amended to
read:

17302.  

(a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17301.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as
votes for candidates for state or local office.

(b) The packages containing the following ballots and
identification envelopes shall be kept by the elections official,
unopened and unaltered, for six months from the date of the
election:

(1) Voted polling place ballots.

(2) Paper record copies, as defined by Section 19271, if any, of
voted polling place ballots.

(3) Voted vote by mail voter ballots.

(4) Vote by mail voter identification envelopes.

(5) Voted provisional voter ballots.

(6) Provisional ballot voter identification envelopes.

(7) Spoiled ballots.

(8) Canceled ballots.

(9) Unused vote by mail ballots surrendered by the voter
pursuant to Section 3015.

(10) Ballot receipts.

(c) If a contest is not commenced within the six-month period,
or if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters’ signatures
is not commenced within the six-month period, either of which
may involve the vote of the precinct from which voted ballots were
received, the elections official shall have the packages destroyed
or recycled. The packages shall otherwise remain unopened until
the ballots are destroyed or recycled.

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CORRECTIONS:

Text--Pages 14 and 15.

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