Bill Text: CA AB1228 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Elections: all-mailed ballot elections.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1228 Detail]

Download: California-2009-AB1228-Amended.html

---

BILL NUMBER: AB 1228	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  MAY 12, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 27, 2009

   An act to add and repeal Section 4001 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1228, as amended, Yamada. Elections: all-mailed ballot
elections.
   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.
   This bill would authorize as a pilot program, until December 31,
2016, not more than 3 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 as
all-mailed ballot elections if specified conditions are satisfied.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4001 is added to the Elections Code, to read:
   4001.  (a) Notwithstanding Section 4000, as a pilot program, not
more than three elections in Yolo County may be conducted as
all-mailed ballot elections, subject to the following conditions:
   (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.
   (3) The election is not a special election to fill a vacancy in a
state office, the State Legislature, or Congress.
   (4) At least one polling place is provided in each city within the
jurisdiction and is open to receive voted ballots for at least two
weeks before the date of the election and until 8 p.m. on the day of
the election.
   (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, 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 polling places provided pursuant to paragraph
(4), and this list is also posted on the Internet Web site of the
Yolo County Elections Office.
   (7) The return of voted mail ballots is subject to Section 3017.

    (8) 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) (1) If the county conducts an all-mailed ballot election, on
or before December 31, 2016, 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 whenever possible, but not limited to, 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 as
all-mailed ballot elections in the same jurisdiction.
   (3) The report of the county shall be submitted to the Legislature
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 December 31,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2016, deletes or extends
that date.