Bill Text: CA AB1572 | 2009-2010 | Regular Session | Chaptered
Bill Title: Voting.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 547, Statutes of 2009. [AB1572 Detail]
Download: California-2009-AB1572-Chaptered.html
BILL NUMBER: AB 1572 CHAPTERED
BILL TEXT
CHAPTER 547
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY MAY 11, 2009
INTRODUCED BY Committee on Elections and Redistricting (Fong
(Chair), Adams (Vice Chair), Coto, Mendoza, Saldana, and Swanson)
MARCH 17, 2009
An act to amend Section 1363.03 of the Civil Code, to amend
Sections 354.5, 13107.3, 13307, and 14225 of the Elections Code, and
to amend Section 22970.20 of the Water Code, relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1572, Committee on Elections and Redistricting. Voting.
(1) Under existing law, a candidate may have a ballot designation
appear on the ballot immediately under his or her name, as
prescribed. If the candidate chooses a ballot designation, he or she
must submit to the county elections official a ballot designation
worksheet with his or her declaration of candidacy.
This bill would make nonsubstantive changes to these provisions.
(2) Existing law permits a candidate for local nonpartisan
elective office to prepare a candidate's statement. The elections
official is required to send to the voters, together with the sample
ballot, a voter's pamphlet which contains the written statement of
each candidate that is prepared pursuant to these provisions. The
local agency may estimate the total cost of producing and processing
the candidate's statement, and may require each candidate filing a
statement to pay in advance to the local agency his or her pro rata
share of that estimate. Existing law states that the elections
official is not bound by that estimate and may, on a pro rata basis,
bill the candidate for additional actual expense or refund any excess
paid depending on the final actual cost. In the event of an
underpayment, the elections official may require the candidate to pay
the balance of the cost incurred, and in the event of an
overpayment, the elections official shall prorate the excess amount
among the candidates and refund the excess amount paid within 30 days
of the election.
The bill would instead shift the authority to bill the candidate
for additional actual expenses and the obligation to refund any
overpayment to the candidate from the elections official to the local
agency that produced the estimated cost.
The bill also would delete an obsolete provision relating to the
filing of a candidate's statement by a candidate for judicial office.
(3) Existing law provides procedures pertaining to "absentee
ballots."
The bill would change statutory references to "absentee ballots"
to references to "vote by mail ballots."
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1363.03 of the Civil Code is amended to read:
1363.03. (a) An association shall adopt rules, in accordance with
the procedures prescribed by Article 4 (commencing with Section
1357.100) of Chapter 2, that do all of the following:
(1) Ensure that if any candidate or member advocating a point of
view is provided access to association media, newsletters, or
Internet Web sites during a campaign, for purposes that are
reasonably related to that election, equal access shall be provided
to all candidates and members advocating a point of view, including
those not endorsed by the board, for purposes that are reasonably
related to the election. The association shall not edit or redact any
content from these communications, but may include a statement
specifying that the candidate or member, and not the association, is
responsible for that content.
(2) Ensure access to the common area meeting space, if any exists,
during a campaign, at no cost, to all candidates, including those
who are not incumbents, and to all members advocating a point of
view, including those not endorsed by the board, for purposes
reasonably related to the election.
(3) Specify the qualifications for candidates for the board of
directors and any other elected position, and procedures for the
nomination of candidates, consistent with the governing documents. A
nomination or election procedure shall not be deemed reasonable if it
disallows any member of the association from nominating himself or
herself for election to the board of directors.
(4) Specify the qualifications for voting, the voting power of
each membership, the authenticity, validity, and effect of proxies,
and the voting period for elections, including the times at which
polls will open and close, consistent with the governing documents.
(5) Specify a method of selecting one or three independent third
parties as inspector, or inspectors, of election utilizing one of the
following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the
association.
(C) Any other method for selecting the inspector or inspectors.
(6) Allow the inspector, or inspectors, to appoint and oversee
additional persons to verify signatures and to count and tabulate
votes as the inspector or inspectors deem appropriate, provided that
the persons are independent third parties.
(b) Notwithstanding any other law or provision of the governing
documents, elections regarding assessments legally requiring a vote,
election and removal of members of the association board of
directors, amendments to the governing documents, or the grant of
exclusive use of common area property pursuant to Section 1363.07
shall be held by secret ballot in accordance with the procedures set
forth in this section. A quorum shall be required only if so stated
in the governing documents of the association or other provisions of
law. If a quorum is required by the governing documents, each ballot
received by the inspector of elections shall be treated as a member
present at a meeting for purposes of establishing a quorum. An
association shall allow for cumulative voting using the secret ballot
procedures provided in this section, if cumulative voting is
provided for in the governing documents.
(c) (1) The association shall select an independent third party or
parties as an inspector of election. The number of inspectors of
election shall be one or three.
(2) For the purposes of this section, an independent third party
includes, but is not limited to, a volunteer poll worker with the
county registrar of voters, a licensee of the California Board of
Accountancy, or a notary public. An independent third party may be a
member of the association, but may not be a member of the board of
directors or a candidate for the board of directors or related to a
member of the board of directors or a candidate for the board of
directors. An independent third party may not be a person, business
entity, or subdivision of a business entity who is currently employed
or under contract to the association for any compensable services
unless expressly authorized by rules of the association adopted
pursuant to paragraph (5) of subdivision (a).
(3) The inspector or inspectors of election shall do all of the
following:
(A) Determine the number of memberships entitled to vote and the
voting power of each.
(B) Determine the authenticity, validity, and effect of proxies,
if any.
(C) Receive ballots.
(D) Hear and determine all challenges and questions in any way
arising out of or in connection with the right to vote.
(E) Count and tabulate all votes.
(F) Determine when the polls shall close, consistent with the
governing documents.
(G) Determine the tabulated results of the election.
(H) Perform any acts as may be proper to conduct the election with
fairness to all members in accordance with this section, the
Corporations Code, and all applicable rules of the association
regarding the conduct of the election that are not in conflict with
this section.
(4) An inspector of election shall perform his or her duties
impartially, in good faith, to the best of his or her ability, and as
expeditiously as is practical. If there are three inspectors of
election, the decision or act of a majority shall be effective in all
respects as the decision or act of all. Any report made by the
inspector or inspectors of election is prima facie evidence of the
facts stated in the report.
(d) (1) For purposes of this section, the following definitions
shall apply:
(A) "Proxy" means a written authorization signed by a member or
the authorized representative of the member that gives another member
or members the power to vote on behalf of that member.
(B) "Signed" means the placing of the member's name on the proxy
(whether by manual signature, typewriting, telegraphic transmission,
or otherwise) by the member or authorized representative of the
member.
(2) Proxies shall not be construed or used in lieu of a ballot. An
association may use proxies if permitted or required by the bylaws
of the association and if those proxies meet the requirements of this
article, other laws, and the association's governing documents, but
the association shall not be required to prepare or distribute
proxies pursuant to this section.
(3) Any instruction given in a proxy issued for an election that
directs the manner in which the proxyholder is to cast the vote shall
be set forth on a separate page of the proxy that can be detached
and given to the proxyholder to retain. The proxyholder shall cast
the member's vote by secret ballot. The proxy may be revoked by the
member prior to the receipt of the ballot by the inspector of
elections as described in Section 7613 of the Corporations Code.
(e) Ballots and two preaddressed envelopes with instructions on
how to return ballots shall be mailed by first-class mail or
delivered by the association to every member not less than 30 days
prior to the deadline for voting. In order to preserve
confidentiality, a voter may not be identified by name, address, or
lot, parcel, or unit number on the ballot. The association shall use
as a model those procedures used by California counties for ensuring
confidentiality of vote by mail ballots, including all of the
following:
(1) The ballot itself is not signed by the voter, but is inserted
into an envelope that is sealed. This envelope is inserted into a
second envelope that is sealed. In the upper left-hand corner of the
second envelope, the voter shall sign his or her name, indicate his
or her name, and indicate the address or separate interest identifier
that entitles him or her to vote.
(2) The second envelope is addressed to the inspector or
inspectors of election, who will be tallying the votes. The envelope
may be mailed or delivered by hand to a location specified by the
inspector or inspectors of election. The member may request a receipt
for delivery.
(f) All votes shall be counted and tabulated by the inspector or
inspectors of election or his or her designee in public at a properly
noticed open meeting of the board of directors or members. Any
candidate or other member of the association may witness the counting
and tabulation of the votes. No person, including a member of the
association or an employee of the management company, shall open or
otherwise review any ballot prior to the time and place at which the
ballots are counted and tabulated. The inspector of election, or his
or her designee, may verify the member's information and signature on
the outer envelope prior to the meeting at which ballots are
tabulated. Once a secret ballot is received by the inspector of
elections, it shall be irrevocable.
(g) The tabulated results of the election shall be promptly
reported to the board of directors of the association and shall be
recorded in the minutes of the next meeting of the board of directors
and shall be available for review by members of the association.
Within 15 days of the election, the board shall publicize the
tabulated results of the election in a communication directed to all
members.
(h) The sealed ballots at all times shall be in the custody of the
inspector or inspectors of election or at a location designated by
the inspector or inspectors until after the tabulation of the vote,
and until the time allowed by Section 7527 of the Corporations Code
for challenging the election has expired, at which time custody shall
be transferred to the association. If there is a recount or other
challenge to the election process, the inspector or inspectors of
election shall, upon written request, make the ballots available for
inspection and review by an association member or his or her
authorized representative. Any recount shall be conducted in a manner
that preserves the confidentiality of the vote.
(i) After the transfer of the ballots to the association, the
ballots shall be stored by the association in a secure place for no
less than one year after the date of the election.
(j) Notwithstanding any other provision of law, the rules adopted
pursuant to this section may provide for the nomination of candidates
from the floor of membership meetings or nomination by any other
manner. Those rules may permit write-in candidates for ballots.
(k) Except for the meeting to count the votes required in
subdivision (f), an election may be conducted entirely by mail unless
otherwise specified in the governing documents.
(l) The provisions of this section apply to both incorporated and
unincorporated associations, notwithstanding any contrary provision
of the governing documents.
(m) The procedures set forth in this section shall apply to votes
cast directly by the membership, but do not apply to votes cast by
delegates or other elected representatives.
(n) In the event of a conflict between this section and the
provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3
(commencing with Section 7110) of Division 2 of Title 1 of the
Corporations Code) relating to elections, the provisions of this
section shall prevail.
(o) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2006.
SEC. 2. Section 354.5 of the Elections Code is amended to read:
354.5. (a) "Signature" includes either of the following:
(1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over the age of 18 years
designated by the person and the designee subscribes his or her own
name as a witness thereto. For purposes of this paragraph, a
signature stamp may be used as a mark, provided that the authorized
user complies with the provisions of this paragraph.
(2) An impression made by the use of a signature stamp pursuant to
the requirements specified in subdivision (c).
(b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
(c) An authorized user of a signature stamp may use it to affix a
signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:
(1) A signature stamp used to obtain a ballot or vote by mail
ballot in any local, state, or federal election shall be used only by
the authorized user of that signature stamp.
(2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the
local elections official, or his or her designee, to obtain a ballot,
in any local, state, or federal election unless the authorized user
of the signature stamp votes by vote by mail ballot. If the owner of
a signature stamp votes by vote by mail ballot, he or she shall affix
the signature stamp on the identification envelope in accordance
with the requirements of Section 3019.
(d) A signature affixed with a signature stamp by an authorized
user in accordance with the requirements of this section shall be
treated in the same manner as a signature made in writing.
(e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (g), may use a signature stamp only after he or she first
submits his or her affidavit of registration or a new affidavit of
registration, whichever is applicable, in the presence of a county
elections official, using the signature stamp to sign the affidavit.
(f) The Secretary of State shall report to the Legislature not
later than January 1, 2009, regarding the use of signature stamps
during the 2008 elections.
(g) The following definitions apply for purposes of this section:
(1) "Authorized user" means either of the following:
(A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
(B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
(2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions (h),
(i), and (k) of Section 12926 of the Government Code.
(3) "Signature stamp" means a stamp that contains the impression
of any of the following:
(A) The actual signature of a person with a disability.
(B) A mark or symbol that is adopted by the person with the
disability.
(C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.
SEC. 3. Section 13107.3 of the Elections Code is amended to read:
13107.3. (a) A candidate who submits a ballot designation
pursuant to subdivision (a) of Section 13107 shall file a ballot
designation worksheet that supports the use of that ballot
designation by the candidate, in a format prescribed by the Secretary
of State.
(b) The ballot designation worksheet shall be filed with the
elections official at the same time that the candidate files his or
her declaration of candidacy.
(c) In the event that a candidate fails to file a ballot
designation worksheet in accordance with subdivision (a), no
designation shall appear under the candidate's name on the ballot.
SEC. 4. Section 13307 of the Elections Code is amended to read:
13307. (a) (1) Each candidate for nonpartisan elective office in
any local agency, including any city, county, city and county, or
district, may prepare a candidate's statement on an appropriate form
provided by the elections official. The statement may include the
name, age, and occupation of the candidate and a brief description,
of no more than 200 words, of the candidate's education and
qualifications expressed by the candidate himself or herself.
However, the governing body of the local agency may authorize an
increase in the limitations on words for the statement from 200 to
400 words. The statement shall not include the party affiliation of
the candidate, nor membership or activity in partisan political
organizations.
(2) The statement authorized by this subdivision shall be filed in
the office of the elections official when the candidate's nomination
papers are returned for filing, if it is for a primary election, or
for an election for offices for which there is no primary. The
statement shall be filed in the office of the elections official no
later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a
runoff election or general election occurs within 88 days of the
primary or first election, the statement shall be filed with the
elections official by the third day following the governing body's
declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be
withdrawn, but not changed, during the period for filing nomination
papers and until 5 p.m. of the next working day after the close of
the nomination period.
(b) The elections official shall send to each voter, together with
the sample ballot, a voter's pamphlet which contains the written
statements of each candidate that is prepared pursuant to this
section. The statement of each candidate shall be printed in type of
uniform size and darkness, and with uniform spacing. The elections
official shall provide a Spanish translation to those candidates who
wish to have one, and shall select a person to provide that
translation from the list of approved Spanish language translators
and interpreters of the superior court of the county or from an
institution accredited by the Western Association of Schools and
Colleges.
(c) The local agency may estimate the total cost of printing,
handling, translating, and mailing the candidate's statements filed
pursuant to this section, including costs incurred as a result of
complying with the federal Voting Rights Act of 1965, as amended. The
local agency may require each candidate filing a statement to pay in
advance to the local agency his or her estimated pro rata share as a
condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the receipt
for the payment shall include a written notice that the estimate is
just an approximation of the actual cost that varies from one
election to another election and may be significantly more or less
than the estimate, depending on the actual number of candidates
filing statements. Accordingly, the local agency is not bound by the
estimate and may, on a pro rata basis, bill the candidate for
additional actual expense or refund any excess paid depending on the
final actual cost. In the event of underpayment, the local agency may
require the candidate to pay the balance of the cost incurred. In
the event of overpayment, the local agency which or the elections
official who collected the estimated cost shall prorate the excess
amount among the candidates and refund the excess amount paid within
30 days of the election.
(d) Nothing in this section shall be deemed to make any statement
or the authors thereof free or exempt from any civil or criminal
action or penalty because of any false, slanderous, or libelous
statements offered for printing or contained in the voter's pamphlet.
(e) Before the nominating period opens, the local agency for that
election shall determine whether a charge shall be levied against
that candidate for the candidate's statement sent to each voter. This
decision shall not be revoked or modified after the seventh day
prior to the opening of the nominating period. A written statement of
the regulations with respect to charges for handling, packaging, and
mailing shall be provided to each candidate or his or her
representative at the time he or she picks up the nomination papers.
(f) For purposes of this section and Section 13310, the board of
supervisors shall be deemed the governing body of judicial elections.
SEC. 5. Section 14225 of the Elections Code is amended to read:
14225. Members of the precinct board shall not deposit in the
ballot container any ballot from which the slip containing the number
of the ballot has not been removed by a member of the precinct board
and handed to the voter. This section does not apply to a vote by
mail ballot.
SEC. 6. Section 22970.20 of the Water Code is amended to read:
22970.20. Not less than seven days before any runoff election,
any voter entitled to vote by vote by mail ballot as provided in
Section 10530 of the Elections Code may file with the county
elections official, either in person or by mail, his or her written
application for a vote by mail ballot. Vote by mail voting shall be
conducted in accordance with the provisions of Section 10530 of the
Elections Code.
