Bill Text: CA AB1762 | 2023-2024 | Regular Session | Chaptered
Bill Title: Elections omnibus bill.
Spectrum: Committee Bill
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 479, Statutes of 2023. [AB1762 Detail]
Download: California-2023-AB1762-Chaptered.html
Assembly Bill
No. 1762
CHAPTER 479
An act to amend Sections 9, 357.5, 2170, 3025.5, 3025.7, 4005, 4005.6, 13107, 14212, 15621, 15646, 16401, 16421 of, and to repeal Section 4007 of, the Elections Code, relating to elections.
[
Approved by
Governor
October 08, 2023.
Filed with
Secretary of State
October 08, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1762, Committee on Elections.
Elections omnibus bill.
(1) Existing law sets forth rules for counting words for the purposes of the Elections Code generally and for the specific purposes of ballot designations. For both purposes, existing law provides that hyphenated words appearing in a generally available standard reference dictionary, as specified, are considered as one word.
This bill would provide that for the purposes of counting hyphenated words in the Elections Code, generally, and for the purposes of ballot designations, specifically,
reference may be made to a standard reference dictionary published online.
(2) Existing law authorizes any county to conduct any election as an all-mailed ballot election if specified conditions apply, including that at least one vote center is provided for every 10,000 registered voters. Existing law authorizes the County of Los Angeles to conduct a vote center election if, among other things, every permanent vote by mail voter receives a ballot.
This bill would repeal those provisions relating to the County of Los Angeles and make conforming changes.
(3) Existing law authorizes a candidate for elective office to have the designation “incumbent” appear immediately under their name on an election ballot if the candidate is a candidate for the same office that the candidate currently
holds by election of the people.
This bill would prohibit a candidate who was elected in an at-large election from using this designation if they are a candidate in a district-based election.
(4) Existing law establishes procedures by which a voter may request a recount of the votes cast in an election and how a voter may contest an election. Former law, which was repealed on January 1, 2019, authorized the Secretary of State to create a postcanvass risk-limiting audit pilot program.
This bill would delete obsolete references to the pilot program.
(5) Existing law requires, upon the Governor or Secretary of State ordering a recount, the Secretary of State to notify the elections official of each county and direct the county elections officials to recount
all the votes cast for the office or for and against the state ballot measure, as specified.
This bill would make a technical change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 9 of the Elections Code is amended to read:9.
(a) Counting of words, for purposes of this code, shall be as follows:(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, “City and County of San Francisco” shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated
words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as “one,” shall be
considered as a separate word or words. “One” shall be counted as one word whereas “one hundred” shall be counted as two words. “100” shall be counted as one word.
(8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word.
(b) This section does not apply to counting words for ballot designations under Section 13107.
SEC. 2.
Section 357.5 of the Elections Code is amended to read:357.5.
“Vote center” means a location established for holding elections that offers the services described in Sections 2170 and 4005.SEC. 3.
Section 2170 of the Elections Code is amended to read:2170.
(a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution,
including military and overseas voters and voters with disabilities, may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by
the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
(d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures:
(1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent and satellite offices of the county elections official and all polling places in the county.
(2) The elections official shall advise registrants that a conditional
voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot.
(4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility
to register, and attempt to validate the registrant’s information.
(5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass.
(e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot in accordance with the following procedures:
(1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the elections office, satellite
office, or polling place.
(2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the location of the voter’s polling place. A
voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2).
(4) This subdivision does not apply to elections conducted pursuant to Section 4005.
(f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following:
(1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot:
(A) Verify that the registrant is deemed
eligible to register to vote.
(B) Verify that the registrant has not voted in the state in that election.
(C) Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005.
(D) Update the voter’s record to indicate that the voter has voted in that election.
(2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.
(g) The Secretary of State may adopt emergency regulations to implement this section. The Legislature finds and declares that such regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner.
SEC. 4.
Section 3025.5 of the Elections Code is amended to read:3025.5.
(a) (1) A county that does not conduct an election pursuant to Section 4005 shall provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more vote by mail ballot drop-off locations.(2) Notwithstanding paragraph (1), for a jurisdiction with fewer than 30,000 registered voters, at least one vote by mail ballot drop-off location shall be provided. The elections official shall make a
reasonable effort to provide a vote by mail ballot drop-off location in the jurisdiction where the election is held.
(b) A vote by mail ballot drop-off location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots. All vote by mail ballot drop-off locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.
(c) At least one vote by mail ballot drop-off location shall be an exterior drop box that is available for a minimum of 12 hours per day.
(d) For the purposes of this section,
“vote by mail ballot drop-off location” has the same meaning as in Section 3025.
SEC. 5.
Section 3025.7 of the Elections Code is amended to read:3025.7.
(a) A county that conducts a statewide primary or statewide general election in accordance with Section 3025.5 or 4005 shall, in addition to the vote by mail ballot drop-off locations required by those sections, provide the following vote by mail ballot drop-off locations:(1) The elections official shall designate one location on the main campus of each California State University within the official’s jurisdiction for an additional vote by mail ballot drop-off location.
(2) The elections official shall request that the governing body having jurisdiction over any University of California campus within the
official’s jurisdiction authorize the use of one location on that campus for an additional vote by mail ballot drop-off location. The University of California is encouraged to comply with a request made under this paragraph.
(3) A county may, but is not required to, provide a vote by mail ballot drop-off location on a campus in accordance with this subdivision if the campus is not in session for its fall, winter, or spring term on the day of the election.
(b) When selecting ballot drop-off locations required by Section 3025.5 or 4005 for a statewide primary or statewide general election, the elections official shall give preference to locations on
community college campuses that will be in session for the fall, winter, or spring term on the day of the election, and that have an annual enrollment of at least 10,000 students.
(c) A ballot drop-off location established in accordance with this section shall be accessible to voters with disabilities and shall comply with the general accessibility requirements described in Section 4005.
SEC. 6.
Section 4005 of the Elections Code is amended to read:4005.
(a) Notwithstanding Section 4000 or any other law, any county may conduct any election as an all-mailed ballot election if all of the following apply:(1) (A) At least two ballot dropoff locations are provided within the jurisdiction where the election is held or the number of ballot dropoff locations are fixed in a manner so that there is at least one ballot dropoff location provided for every 15,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more ballot dropoff locations. For purposes of this subparagraph, a vote center that includes an exterior
ballot drop box counts only as a single ballot dropoff location. Ballot dropoff locations shall comply with the regulations adopted pursuant to subdivision (b) of Section 3025.
(B) A ballot dropoff location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots. All ballot dropoff locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election. At least one ballot dropoff location shall be an accessible, secured, exterior drop box that is available for a minimum of 12 hours per day including regular business hours.
(2) (A) The
county elections official permits a voter residing in the county to do any of the following at a vote center:
(i) Return, or vote and return, the voter’s vote by mail ballot.
(ii) Register to vote, update the voter’s voter registration, and vote pursuant to Section 2170.
(iii) Receive and vote a provisional ballot pursuant to Section 3016 or Article 5 (commencing with Section 14310) of Chapter 3 of Division 14.
(iv) Receive a replacement ballot upon verification that a ballot for the same election has not been received from the voter by the county elections official. If the county elections official is unable to determine if a ballot for the same election has been
received from the voter, the county elections official may issue a provisional ballot.
(v) Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience.
(B) Each vote center shall have at least three voting machines that are accessible to voters with disabilities.
(3) (A) On the day of the election, from 7 a.m. to 8 p.m., inclusive, and on each of the three days before the election, for a minimum of eight hours per day, at least one vote center is provided for every 10,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election. At
least 90 percent of the number of vote
centers required by this subparagraph shall be open for all four days during the required times. Up to 10 percent of the number of vote centers required by this subparagraph may be open for less than four days if at least one vote center is provided for every 10,000 registered voters on each day.
(B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 20,000 registered voters, a minimum of two vote centers are provided on the day of the election and on each of the three days before the election within the jurisdiction where the election is held.
(4) (A) Beginning 10 days before the day of the election and continuing daily up to and including the fourth day before the election, for a minimum of eight hours per day, at least one vote center
is provided for every 50,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election.
(B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 50,000 registered voters, a minimum of two vote centers are provided within the jurisdiction where the election is held.
(C) The vote centers provided under this section are established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(D) The vote centers provided under this section are equitably distributed across the county so as to afford maximally convenient options for voters and are established at accessible locations as near as possible to established public transportation routes. The vote centers shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240.
(E) (i) The vote centers provided under this section have an electronic mechanism for the county elections official to immediately access, at a minimum, all of the following voter registration
data:
(I) Name.
(II) Address.
(III) Date of birth.
(IV) Language preference.
(V) Party preference.
(VI) Precinct.
(VII) Whether or not the voter has been issued a vote by mail ballot and whether or not a ballot has been received by the county elections official.
(ii) The electronic mechanism used to access voter registration data shall not be connected in any way to a voting system.
(5) A method is available for voters with disabilities to request and receive a blank vote by mail ballot and, if a replacement ballot is necessary, a blank replacement ballot that voters with disabilities can read and mark privately and independently pursuant to the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(6) (A) Except as otherwise provided for in this section, election boards for the vote centers established under this section meet the requirements for eligibility and composition pursuant to Article 1 (commencing with Section 12300) of Chapter 4 of Division 12.
(B) Each vote center provides language assistance in all languages required in the jurisdiction under
subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) in a manner that enables voters of the applicable language minority groups to participate effectively in the electoral process. Each vote center shall post information regarding the availability of language assistance in English and all other languages for which language assistance is required to be provided in the jurisdiction under subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(i) If a vote center is located in, or adjacent to, a precinct, census tract, or other defined geographical subsection required to establish language requirements under subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
10101 et seq.), or if it is identified as needing language assistance through the public input process described in clause (ii), the county elections official shall ensure that the vote center is staffed by election board members who speak the required language. If the county elections official is unable to recruit election board members who speak the required language, alternative methods of effective language assistance shall be provided by the county elections official.
(ii) The county elections official shall solicit public input regarding which vote centers should be staffed by election board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(iii) The county elections official shall provide notice in the sample ballot, in vote by mail materials, and on the official’s internet website of the specific language services available at each vote center.
(C) Each vote center provides election materials translated in all languages required in the jurisdiction under subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(D) Each vote center provides reasonable modifications and auxiliary aids and services as required by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).
(7) (A) Beginning 10 days before the election, the county elections official maintains, in an electronic format, an index of voters who have done any of the following at one of the vote centers established pursuant to this section:
(i) Registered to vote or updated the voter’s voter registration.
(ii) Received and voted a provisional ballot or replacement ballot.
(iii) Voted a ballot using equipment at the vote center.
(B) The index required by subparagraph (A) includes the same information for each voter as is required to be included on copies of the roster that are posted pursuant to Section 14294. The index required by subparagraph (A) shall be updated
continuously during any time that a vote center is open in the jurisdiction.
(8) (A) No later than 29 days before the day of the election, the county elections official begins mailing to registered voters a vote by mail ballot packet that includes a return envelope with instructions for the use and return of the vote by mail ballot. The county elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days for each subsequent registered voter. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period.
(B) The county elections official delivers
to each voter, with either the sample ballot sent pursuant to Section 13303 or with the vote by mail ballot packet, all of the following:
(i) A notice, translated in all languages required under subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following:
(I) An all-mailed ballot election is being conducted and each eligible voter will be issued a vote by mail ballot by mail.
(II) The voter may cast a vote by mail ballot in person at a vote center during the times and days specified in subparagraph (A) of paragraph (4) or on election day.
(III) No later than
seven days before the day of the election, the voter may request the county elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201.
(IV) No later than seven days before the day of the election, the voter may request the county elections official to send or deliver a ballot that voters with disabilities can read and mark privately and independently pursuant to the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(ii) A list of the ballot dropoff locations and vote centers established pursuant to this section, including the dates and hours they
are open. The list shall also be posted on the internet website of the county elections official in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.
(iii) A postage-paid postcard that the voter may return to the county elections official for the purpose of requesting a vote by mail ballot in a language other than English or for the purpose of requesting a vote by mail ballot in an accessible format.
(C) Upon request, the county elections official provides written voting materials to voters with disabilities in an accessible format, as required by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).
(9) (A) The county elections official establishes a language accessibility advisory committee that is comprised of
representatives of language minority communities. The committee shall be established no later than October 1 of the year before the first election conducted pursuant to this section. The committee shall hold its first meeting no later than April 1 of the year in which the first election is conducted pursuant to this section.
(B) The county elections official establishes a voting accessibility advisory committee that is comprised of voters with disabilities. The committee shall be established no later than October 1 of the year before the first election conducted pursuant to this section. The committee shall hold its first meeting no later than April 1 of the year in which the first election is conducted pursuant to this section.
(C) A county with fewer than 50,000
registered voters may establish a joint advisory committee for language minority communities and voters with disabilities.
(10) (A) The county elections official develops a draft plan for the administration of elections conducted pursuant to this section in consultation with the public, including both of the following:
(i) One meeting, publicly noticed at least 10 days in advance of the meeting, that includes representatives, advocates, and other stakeholders representing each community for which the county is required to provide voting materials and assistance in a language other than English under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(ii) One meeting, publicly noticed at least 10 days in advance of the meeting, that includes representatives from the disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.
(B) The county elections official, when developing the draft plan for the administration of elections conducted pursuant to this section, considers, at a minimum, all of the following:
(i) Vote center and ballot dropoff location proximity to public transportation.
(ii) Vote center and ballot dropoff location proximity to communities with historically low vote by mail usage.
(iii) Vote center and ballot dropoff location proximity to population centers.
(iv) Vote center and ballot dropoff location proximity to language minority communities.
(v) Vote center and ballot dropoff location proximity to voters with disabilities.
(vi) Vote center and ballot dropoff location proximity to communities with low rates of household vehicle ownership.
(vii) Vote center and ballot dropoff location proximity to low-income communities.
(viii) Vote center and ballot dropoff location proximity to communities of eligible voters who are not registered to vote and may need access to
same day voter registration.
(ix) Vote center and ballot dropoff location proximity to geographically isolated populations, including Native American reservations.
(x) Access to accessible and free parking at vote centers and ballot dropoff locations.
(xi) The distance and time a voter must travel by car or public transportation to a vote center and ballot dropoff location.
(xii) The need for alternate methods for voters with disabilities for whom vote by mail ballots are not accessible to cast a ballot.
(xiii) Traffic patterns near vote centers and ballot dropoff locations.
(xiv) The need for mobile vote centers in addition to the number of vote centers established pursuant to this section.
(xv) Vote center location on a public or private university or college campus.
(C) The county elections official publicly notices the draft plan for the administration of elections conducted pursuant to this section and accepts public comments on the draft plan for at least 14 days before the hearing held pursuant to subparagraph (D).
(D) (i) Following the 14-day review period required by subparagraph (C), the county elections official holds a public meeting to consider the draft plan for the administration of elections conducted
pursuant to this section and to accept public comments. The meeting shall be publicly noticed at least 10 days in advance of the meeting on the internet websites of the clerk of the county board of supervisors and the county elections official, or, if neither the clerk of the county board of supervisors nor the county elections official maintain an internet website, in the office of the county elections official.
(ii) After the public hearing to consider the draft plan for the administration of elections conducted pursuant to this section and to accept public comments, the county elections official shall consider any public comments the official receives from the public and shall amend the draft plan in response to the public comments to the extent the official deems appropriate. The county elections official shall publicly notice the amended
draft plan and shall accept public comments on the amended draft plan for at least 14 days before the county elections official may adopt the amended draft plan pursuant to subparagraph (E).
(E) (i) Following the 14-day review and comment period required by clause (ii) of subparagraph (D), the county elections official may adopt a final plan for the administration of elections conducted pursuant to this section, and shall submit the voter education and outreach plan that is required by clause (i) of subparagraph (I) to the Secretary of State for approval.
(ii) The Secretary of State shall approve, approve with modifications, or reject a voter education and outreach plan submitted pursuant to clause (i) of subparagraph (I) within 14 days after the plan is
submitted by the county elections official.
(iii) The draft plan, the amended draft plan, and the adopted final plan for the administration of elections conducted pursuant to this section shall be posted on the internet website of the county elections official in each language in which the county is required to provide voting materials and assistance under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and the Secretary of State’s internet website in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.
(F) Public meetings held pursuant to this paragraph shall, upon request, provide auxiliary aids and services to ensure effective communication with people with
disabilities.
(G) Within two years of the adoption of the first plan for the administration of elections conducted pursuant to this section, the county elections official shall hold public meetings in accordance with the procedures described in subparagraphs (C) to (F), inclusive, to consider revising the first plan for the administration of elections conducted pursuant to this section. Every four years thereafter, the county elections official shall hold public meetings in accordance with the procedures described in subparagraphs (C) to (F), inclusive, to consider revising the plan for the administration of elections conducted pursuant to this section.
(H) (i) With reasonable public notification, a county elections official may amend a plan for the
administration of elections conducted pursuant to this section no more than 120 days before the date of an election held pursuant to this section.
(ii) With reasonable public notification, a county elections official may amend a plan for the administration of elections conducted pursuant to this section more than 120 days before the date of an election held pursuant to this section if the official provides at least 30 days to accept public comments on the amended plan.
(I) The plan for the administration of elections conducted pursuant to this section, includes all of the following:
(i) A voter education and outreach plan that is approved by the Secretary of State and that includes all of the following:
(I) A description of how the county elections official will use the media, including social media, newspapers, radio, and television that serve language minority communities for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.
(II) A description of how the county elections official will use the media, including social media, newspapers, radio, and television for purposes of informing voters of the availability of a vote by mail ballot in an accessible format and the process for requesting such a ballot.
(III) A description of how the county elections official will have a community presence to educate voters regarding the provisions of this section.
(IV) A description of the accessible information that will be publicly available on the accessible internet website of the county elections official.
(V) A description of the method used by the county elections official to identify language minority voters.
(VI) A description of how the county elections official will educate and communicate the provisions of this section to the public, including:
(ia) Communities for which the county is required to provide voting materials and assistance in a language other than English under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The county elections
official shall hold at least one bilingual voter education workshop for each language in which the county is required to provide voting materials and assistance in a language other than English under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(ib) The disability community, including organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. The county elections official shall hold at least one voter education workshop to increase accessibility and participation of eligible voters with disabilities.
(VII) A description of how the county will spend the necessary resources on voter education and outreach to ensure that voters are fully informed about the election. This
description shall include information about the amount of money the county plans to spend on voter education and outreach activities under the plan, and how that compares to the amount of money spent on voter education and outreach in recent similar elections in the same jurisdiction that were not conducted pursuant to this section.
(VIII) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. Outreach made under this subclause shall include access for voters who are deaf or hard of hearing and voters who are blind or visually impaired.
(IX) At least one public service announcement in the
media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the county is required to provide voting materials and assistance under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.
(X) At least two direct contacts with voters for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. The two direct contacts are in addition to any other required contacts, including, but not
limited to, sample ballots and the delivery of vote by mail ballots.
(ii) A description of how a voter with disabilities may request and receive a blank vote by mail ballot and, if a replacement ballot is necessary, a blank replacement ballot that a voter with disabilities can mark privately and independently.
(iii) A description of how the county elections official will address significant disparities in voter accessibility and participation identified in the report required by subdivision (g).
(iv) A description of the methods and standards that the county elections official will use to ensure the security of voting conducted at vote centers.
(v) Information about
estimated short-term and long-term costs and savings from conducting elections pursuant to this section as compared to recent similar elections in the same jurisdiction that were not conducted pursuant to this section.
(vi) To the extent available at the time of publication, information on all of the following:
(I) The total number of vote centers to be established.
(II) The total number of ballot dropoff locations to be established.
(III) The location of each vote center.
(IV) The location of each ballot dropoff location and whether it is inside or outside.
(V) A map of the locations of each vote center and ballot dropoff location.
(VI) The hours of operation for each vote center.
(VII) The hours of operation for each ballot dropoff location.
(VIII) The security and contingency plans that would be implemented by the county elections official to do both of the following:
(ia) Prevent a disruption of the vote center process.
(ib) Ensure that the election is properly conducted if a disruption occurs.
(IX) The number of election board members and the number of bilingual election
board members and the languages spoken.
(X) The services provided to voters with disabilities, including, but not limited to, the type and number of accessible voting machines and reasonable modifications at each vote center.
(XI) The design, layout, and placement of equipment inside each vote center that protects each voter’s right to cast a private and independent ballot.
(vii) A toll-free voter assistance hotline that is accessible to voters who are deaf or hard of hearing, and that is maintained by the county elections official that is operational no later than 29 days before the day of the election until 5 p.m. on the day after the election. The toll-free voter assistance hotline shall provide assistance to voters in
all languages in which the county is required to provide voting materials and assistance under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(J) The plan for the administration of elections conducted pursuant to this section is posted in a format that is accessible to persons with disabilities on the internet website of the Secretary of State and on the internet website of the county elections official.
(b) Notwithstanding Section 4000 or any other law, any county may conduct a special election as an all-mailed ballot election under this section if all of the following apply:
(1) The county elections official has done either of the following:
(A) Previously conducted an election as an all-mailed ballot election in accordance with subdivision (a).
(B) Adopted a final plan for the administration of elections pursuant to clause (i) of subparagraph (E) of paragraph (10) of subdivision (a), in which case the county elections official shall complete all activities provided for in the voter education and outreach plan that is required by clause (i) of subparagraph (I) of paragraph (10) of subdivision (a) before the day of the special election.
(2) (A) On the day of election, from 7 a.m. to 8 p.m., inclusive, at least one vote center is provided for every 30,000 registered voters. If the jurisdiction is not wholly contained within the county, the
county elections official shall make a reasonable effort to establish a vote center within the jurisdiction where the special election is held.
(B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, the county elections official makes a reasonable effort to establish a vote center.
(3) (A) Not less than 10 days before the day of the election, for a minimum of eight hours per day, at least one vote center is provided for every 60,000 registered voters. If the jurisdiction is not wholly contained within the county, the county elections official shall make a reasonable effort to establish a vote center within the jurisdiction where the special election is held.
(B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, the county elections official makes a reasonable effort to establish a vote center.
(4) (A) At least one ballot dropoff location is provided for every 15,000 registered voters. At least one ballot dropoff location shall be located within the jurisdiction where the special election is held. All ballot dropoff locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.
(B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 15,000 registered voters, at least one ballot dropoff location shall be provided.
(c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000).
(d) The county elections official may provide, at the official’s discretion, additional ballot dropoff locations and vote centers for purposes of this section.
(e) The return of voted vote by mail ballots is subject to Sections 3017 and 3020.
(f) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the county elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a
statement of the results of the election in accordance with Sections 15373 and 15374.
(g) (1) (A) Within six months of each election conducted pursuant to this section, the Secretary of State shall report to the Legislature, to the extent possible, all of the following information by categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, historical polling place voters, political party affiliation, and language minorities as it relates to the languages required under subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.):
(i) Voter turnout.
(ii) Voter
registration.
(iii) Ballot rejection rates.
(iv) Reasons for ballot rejection.
(v) Provisional ballot use.
(vi) Accessible vote by mail ballot use.
(vii) The number of votes cast at each vote center.
(viii) The number of ballots returned at ballot dropoff locations.
(ix) The number of ballots returned by mail.
(x) The number of persons who registered to vote at a vote center.
(xi) Instances of voter fraud.
(xii) Any other problems that became known to the county elections official or the Secretary of State during the election or canvass.
(B) The report required by subparagraph (A) shall be posted on the internet website of the Secretary of State in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.
(C) The report required by subparagraph (A) shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.
(D) If an election is conducted pursuant to this section, the county shall submit, to the extent possible, to the Secretary of State
the information needed for the Secretary of State to prepare the report required by subparagraph (A).
(E) The Secretary of State may contract with any qualified person or organization for purposes of preparing the report required by subparagraph (A).
(2) The county elections official shall post on the official’s internet website a report that compares the cost of elections conducted pursuant to this section to the costs of previous elections. The report shall be posted in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.
(h) The Secretary of State shall enforce the provisions of this section pursuant to Section 12172.5 of the Government Code.
(i) For purposes of this section, “disability” has the same meaning as defined in subdivisions (j), (m), and (n) of Section 12926 of the Government Code.
SEC. 7.
Section 4005.6 of the Elections Code is amended to read:4005.6.
An election conducted pursuant to Section 4005 is subject to the following requirements:(a) The provisions of Sections 14200 and 14201 that apply to polling places also apply to vote centers.
(b) Prior to every election, the county elections official shall determine if a voter has previously identified a preferred language other than English to the elections official or to the Secretary of State. If the voter’s precinct is required to have a facsimile copy of the ballot in the voter’s preferred language pursuant to Section 14201, the county elections official shall send to the voter by regular mail or electronic mail a facsimile copy of the ballot
in that language. The voter shall receive the facsimile copy of the ballot before vote centers open pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 4005. The facsimile copy of the ballot shall be sufficiently distinct in appearance from a regular ballot to prevent voters from attempting to vote on the facsimile copy.
SEC. 8.
Section 4007 of the Elections Code is repealed.SEC. 9.
Section 13107 of the Elections Code is amended to read:13107.
(a) With the exception of candidates for Justice of the State Supreme Court or court of appeal, immediately under the name of each candidate, and not separated from the name by any line, unless the designation made by the candidate pursuant to Section 8002.5 must be listed immediately below the name of the candidate pursuant to Section 13105, and in that case immediately under the designation, may appear at the option of the candidate only one of the following designations:(1) Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents to which the candidate was elected by vote of the
people.
(2) The word “incumbent” if the candidate is a candidate for the same office which the candidate holds at the time of filing the nomination papers, and was elected to that office by a vote of the people. A candidate shall not use the word “incumbent” if the candidate was elected to their office in an at-large election and is a candidate in a district-based election.
(3) No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(4) The phrase “appointed incumbent” if the candidate holds an
office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word “appointed” and the title of the office. In either instance, the candidate may not use the unmodified word “incumbent” or any words designating the office unmodified by the word “appointed.” However, the phrase “appointed incumbent” shall not be required of a candidate who seeks reelection to an office which the candidate holds and to which the candidate was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code.
(b) (1) Except as specified in paragraph (2), for candidates for judicial office,
immediately under the name of each candidate, and not separated from the name by any line, only one of the following designations may appear at the option of the candidate:
(A) Words designating the city, county, district, state, or federal office held by the candidate at the time of filing the nomination documents.
(B) The word “incumbent” if the candidate is a candidate for the same office that the candidate holds at the time of filing the nomination papers.
(C) No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of
nomination documents.
(2) For a candidate for judicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following:
(A) Words designating the actual job title, as defined by statute, charter, or other governing instrument.
(B) One of the following ballot designations: “Attorney,” “Attorney at Law,” “Lawyer,” or “Counselor at Law.” The designations “Attorney” and “Lawyer” may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the
filing of nomination documents.
(3) A designation made pursuant to subparagraph (A) of paragraph (1) or paragraph (2) shall also contain relevant qualifiers, as follows:
(A) If the candidate is an official or employee of a city, the name of the city shall appear preceded by the words “City of.”
(B) If the candidate is an official or employee of a county, the name of the county shall appear preceded by the words “County of.”
(C) If the candidate is an official or employee of a city and county, the name of the city and county shall appear preceded by the words “City and County.”
(D) If the
candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included.
(c) A candidate for superior court judge who is an active member of the State Bar and practices law as one of the candidate’s principal professions shall use one of the following ballot designations as the candidate’s ballot designation: “Attorney,” “Attorney at Law,” “Lawyer,” or “Counselor at Law.” The designations “Attorney” and “Lawyer” may be used in combination with
one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(d) For purposes of this section, all California geographical names shall be considered to be one word. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published online, shall be
considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(e) The Secretary of State and any other elections official shall not accept a designation of which any of the following would be true:
(1) It would mislead the voter.
(2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
(3) It abbreviates the word “retired” or places it following any word or words which it modifies.
(4) It uses a word or prefix, such as “former” or “ex-,” which means a prior status. The only exception is the use of the word “retired.”
(5) It uses the name of any political party, whether or not it has qualified for the ballot.
(6) It uses a word or words referring to a racial, religious, or ethnic group.
(7) It refers to any activity prohibited by law.
(f) If,
upon checking the nomination documents and the ballot designation worksheet described in Section 13107.3, the elections official finds the designation to be in violation of any of the restrictions set forth in this section, the elections official shall notify the candidate by registered or certified mail return receipt requested, addressed to the mailing address provided on the candidate’s ballot designation worksheet.
(1) The candidate shall, within three days, excluding Saturday, Sunday, and state holidays, from the date the candidate receives notice by registered or certified mail, or from the date the candidate receives actual notice of the violation, whichever occurs first, appear before the elections official or, in the case of the Secretary of State, notify the Secretary of State by telephone, and provide a designation that complies with
subdivision (a) or (b).
(2) If a candidate fails to provide a designation that complies with subdivision (a) or (b) within the three-day period specified in paragraph (1), a designation shall not appear after the candidate’s name.
(g) A designation given by a candidate shall not be changed by the candidate after the final date for filing nomination documents, except as specifically requested by the elections official as specified in subdivision (f) or as provided in subdivision (h). The elections official shall maintain a copy of the ballot designation worksheet for each candidate that appears on the ballot in the county for the same period of time as applied to nomination documents pursuant to Section 17100.
(h) The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days before the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request.
(i) In all cases, the words so used shall be printed in a manner consistent with the space requirements of Sections 13207 and 13211.
(j) If a foreign language translation of a candidate’s designation is required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), as amended, to appear on the ballot in addition to the English language version, it shall be as short as possible, as consistent as is practicable with this section, and shall employ abbreviations and
initials wherever possible in order to avoid undue length.
SEC. 10.
Section 14212 of the Elections Code is amended to read:14212.
The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the same day, when the polls shall be closed, except as provided in Sections 4005 and 14401.SEC. 11.
Section 15621 of the Elections Code is amended to read:15621.
(a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail one copy of the request to the elections official of each county in
which a recount of the votes is sought.
(c) All the other provisions of this article apply to recounts conducted under this section.
SEC. 12.
Section 15646 of the Elections Code is amended to read:15646.
(a) Upon the Governor or Secretary of State ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure.(b) (1) While conducting a recount pursuant to Section 15645, a county elections official shall also review ballots rejected pursuant to Section 15154 to ensure that no ballots were improperly discarded during the initial canvass.
(2) The process of reviewing rejected ballots pursuant to subdivision
(a) shall be open to members of the public, including persons associated with a campaign or measure.
(c) The elections official in each county shall complete a recount pursuant to this section as follows:
(1) In a primary election, by three business days before the Secretary of State issues the certified list of candidates for the associated general election pursuant to Section 8148.
(2) In a general election, within 60 days of the Governor or Secretary of State ordering the recount.
SEC. 13.
Section 16401 of the Elections Code is amended to read:16401.
The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times after the declaration of the result of the election by the body canvassing the returns thereof:(a) In cases other than cases of a tie, where the contest is brought on any of the grounds mentioned in subdivision (c) of Section 16100, six months.
(b) In all cases of tie, 20 days.
(c) In cases involving presidential electors, 10 days.
(d) In all other cases, 30
days.
