Bill Text: CA AB1829 | 2019-2020 | Regular Session | Chaptered
Bill Title: Elections.
Spectrum: Committee Bill
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 562, Statutes of 2019. [AB1829 Detail]
Download: California-2019-AB1829-Chaptered.html
Assembly Bill
No. 1829
CHAPTER 562
An act to amend Sections 1000, 8020, 8061, 8106, 8406, 9030, 10512, 10703, and 15620 of the Elections Code, relating to elections.
[
Approved by
Governor
October 08, 2019.
Filed with
Secretary of State
October 08, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1829, Committee on Elections and Redistricting.
Elections.
(1) Existing law establishes election dates, including on the first Tuesday after the first Monday in March of each year.
This bill would make clarifying and nonsubstantive changes in these provisions.
(2) Existing law provides procedures for the circulation of candidate nomination documents and initiative and referendum petitions for signatures and requires the documents and petitions to be filed with county elections officials, as specified.
This bill would clarify that, for candidate nomination documents and initiative and referendum petitions circulated outside of the designated county, the documents and petitions must be filed with the county elections official for which the document or
petition was circulated, rather than with the county elections official in which the document or petition was circulated.
(3) In order to appear on a ballot, existing law requires a candidate for public office to submit a declaration of candidacy, nomination papers signed by registered voters, and a filing fee with the Secretary of State or a county elections official, depending on the office sought. Existing law authorizes a candidate to submit a petition containing a specified number of signatures of registered voters in lieu of a filing fee.
This bill would specifically authorize a person authorized by the candidate to submit an in-lieu-filing-fee petition.
If a candidate submits an in-lieu-filing fee petition pursuant to existing law, any or all signatures on the petition are required to be counted towards the
number of voters required to sign a nomination paper. If the petition contains the requisite number of valid signatures, the candidate is not required to file nomination papers and may request the elections official to accept the petition instead.
This bill would remove the requirement that the candidate request the elections official to accept the petition.
(4) Existing law requires public officers to take and subscribe the oath or affirmation set forth in the California Constitution before entering on the duties of office. Candidates for district elections must also take this oath when filing the declaration of candidacy. Existing law requires the county elections official or district secretary, or a person designated by the county elections official or district secretary, to administer the oath to candidates for district elections.
This bill would additionally authorize the county elections official or district secretary, or a person designated by the county elections official or district secretary, to administer the oath or affirmation to the candidate elected to office.
(5) Existing law provides, until January 1, 2020, that a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly may be conducted as an all-mailed ballot election pursuant to a statute allowing San Diego County to conduct such an election as a pilot program.
This bill would extend the operation of this provision to January 1, 2021, and make other conforming changes.
(6) Existing law authorizes a voter to file with the elections official a written request
for a recount within 5 days of completion of the official canvass for that election.
This bill would require that the request be made not later than 5 p.m. on the 5th day.
(7) This bill would incorporate additional changes to Section 9030 of the Elections Code proposed by AB 698 and AB 1451 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
(8) This bill would incorporate additional changes to Section 10703 of the Elections Code proposed by SB 641 to be operative only if this bill and SB 641 are enacted and this bill is
enacted last.
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 1000 of the Elections Code is amended to read:1000.
The established election dates are as follows:(a) The first Tuesday after the first Monday in March of each year.
(b) The second Tuesday of April in each even-numbered year.
(c) The first Tuesday after the first Monday in November of each year.
SEC. 2.
Section 8020 of the Elections Code is amended to read:8020.
(a) No candidate’s name shall be printed on the ballot to be used at the direct primary unless the following nomination documents are delivered for filing to the county elections official:(1) Declaration of candidacy pursuant to Section 8040.
(2) Nomination papers signed by signers pursuant to Section 8041.
(b) The forms shall first be available on the 113th day prior to the direct primary election, or on the 158th day prior to the primary election for a candidate for membership on a county central committee, and shall be delivered to the county for which the nomination
documents were circulated not later than 5 p.m. on the 88th day prior to the primary election. The forms may be delivered to the county elections official by a person other than the candidate.
(c) Upon the receipt of an executed nomination document, the county elections official shall give the person delivering the document a receipt, properly dated, indicating that the document was delivered to the county elections official.
(d) Notwithstanding Section 8028, upon request of a candidate, the county elections official shall provide the candidate with a declaration of candidacy. The county elections official shall not require a candidate to sign, file, or sign and file, a declaration of candidacy as a condition of receiving nomination papers.
SEC. 3.
Section 8061 of the Elections Code is amended to read:8061.
(a) If a candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, any or all signatures appearing on the petition, which would be valid under Section 8041, shall be counted towards the number of voters required to sign a nomination paper. If an in-lieu-filing-fee petition contains a requisite number of valid signatures under Section 8062, the candidate shall not be required to file nomination papers.(b) If an in-lieu-filing-fee petition does not contain the requisite number of valid signatures as set forth in Section 8062, the candidate shall be entitled to file, within the time period allowed for filing nomination papers, a
nomination paper in order to obtain the requisite number of valid signatures required to be submitted to the elections official on a nomination paper. A candidate who
submits a nomination paper pursuant to this subdivision shall only be required to obtain the number of signatures thereon needed to supplement the in-lieu-filing-fee petition so that the combination of signatures appearing on the in-lieu-filing-fee petition and the nomination paper equals or exceeds the requisite number of signatures set forth in Section 8062.
SEC. 4.
Section 8106 of the Elections Code is amended to read:8106.
(a) Notwithstanding any other provision of this article, a candidate, or a person authorized by the candidate, may submit a petition containing signatures of registered voters in lieu of a filing fee as follows:(1) For the office of California State Assembly, 1,000 signatures.
(2) For the office of California State Senate and the United States House of Representatives, 2,000 signatures.
(3) For candidates running for statewide office, 7,000 signatures.
(4) For all other offices for which a filing fee is required,
if the number of registered voters in the district in which a candidate seeks nomination is 2,000 or more, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 7 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less.
(5) For all other offices for which a filing fee is required, if the number of registered voters in the district in which a candidate seeks nomination is less than 2,000, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 14 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less.
(6) A voter may
sign both a candidate’s nomination papers and in-lieu-filing-fee petition. However, if signatures appearing on the documents are counted towards both the nomination paper and the in-lieu-filing-fee petition signature requirements, a person may only sign one of the documents.
(b) The Secretary of State or an elections official shall furnish to each candidate, upon request, and without charge, forms for securing signatures. The number of forms that the elections official shall furnish a candidate shall be a quantity that provides the candidates with spaces for signatures sufficient in number to equal the number of signatures that the candidate is required to secure pursuant to subdivision (a) if the candidate desires that number of forms. However, the elections official, rather than provide the candidate with the number of forms set forth in
the preceding sentence, or upon the request of a candidate, may provide the candidate with a master form that may be duplicated by the candidate at the candidate’s expense for the purpose of circulating additional petitions. The Secretary of State shall provide the master form. The elections official may provide candidates a form other than the master form provided by the Secretary of State. However, that form shall meet all statutory requirements, and the elections official shall also make available and accept the master form provided by the Secretary of State. All forms shall be made available commencing 60 days before the first day for circulating nomination papers. However, in cases of vacancies for which a special election is authorized or required to be held to fill the vacancy, and where the prescribed nomination period would commence less than 60 days after the creation of the vacancy, the forms
shall be made available within five working days after the creation of the vacancy. No other form except the form furnished by the Secretary of State or the elections official or forms duplicated from a master form shall be used to secure signatures. Each petition section shall bear an affidavit signed by the circulator, in substantially the same form as set forth in Section 8041. The substitution of signatures for fees shall be subject to all of the following:
(1) Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom the voter is eligible to vote.
(2) If a voter signs more candidates’ petitions than there are offices to be filled, the voter’s signatures shall be valid only on those petitions that, taken in the order they were filed, do not exceed the
number of offices to be filled.
(3) In-lieu-filing-fee petitions shall be filed at least 30 days before the close of the nomination period. Within 10 days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency.
(4) If the petition is circulated for an office in more than one county, the candidate shall submit the signatures to the elections official in the county for which the petition was circulated. The elections official shall, at least two days after verifying the signatures on the petition, notify the Secretary of State of the total number of valid signatures. If the number of signatures is insufficient,
the Secretary of State shall notify the candidate and the elections officials of the fact. The candidate may submit the necessary number of valid signatures at least 30 days before the close of the period for circulating nomination papers. Each circulator shall meet the requirements of Section 102.
(5) Each candidate may submit a greater number of signatures to allow for subsequent losses due to invalidity of some signatures. The elections official shall not be required to determine the validity of a greater number of signatures than that required by this section.
(c) For purposes of this section, the requisite number of signatures shall be computed from the latest registration figures forwarded to the Secretary of State pursuant to Section 2187 before the first day on which petitions
are available.
(d) All valid signatures obtained pursuant to this section shall be counted toward the number of voters required to sign a nomination paper in accordance with Section 8061 or 8405.
SEC. 5.
Section 8406 of the Elections Code is amended to read:8406.
Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which the candidate is proposed for nomination. Each section shall bear the name of the county for which it is circulated.SEC. 6.
Section 9030 of the Elections Code is amended to read:9030.
(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.(b) Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of
the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d) Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling
technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters’ signatures provided that the method of preparing and displaying the facsimiles complies with law.
(e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the
result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office.
(f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g) If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State
shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 6.1.
Section 9030 of the Elections Code is amended to read:9030.
(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.(b) Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the
Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d) Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections
official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters’ signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office.
(f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g) If the certificates received from all elections
officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 6.2.
Section 9030 of the Elections Code is amended to read:9030.
(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.(b) Within 10 days after the filing of the
petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and, in the case of an initiative petition, the total number of signatures submitted for purposes of subdivision (a) of Section 9036. The elections official shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient or, in the case of an initiative petition, the number of signatures submitted for purposes of subdivision (a)
of Section 9036 is less than the total number needed to satisfy the requirement of that subdivision, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient and, in the case of an initiative petition, the number of signatures submitted for purposes of subdivision (a) of Section 9036 is equal to or greater than the total number needed to satisfy the requirement of that subdivision, the Secretary of State shall immediately so notify the elections officials.
(d) (1) Within 35 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition and the number of qualified voters who have signed a section of the petition that satisfies the requirement of subdivision (a) of Section 9036.
(2) (A) If
more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn from all petition sections in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample.
(B) For initiative petitions, a second random sample of signatures shall be drawn from all petition sections submitted to satisfy subdivision (a) of Section 9036 and verified according to the procedures set forth by the Secretary of State. The verification of signatures that are submitted for purposes of subdivision (a) of Section 9036 shall be consistent with subdivision (g) of that section.
(C) In each case, the random sampling shall include an examination of at least 500 signatures or 3 percent of the signatures on the respective petitions or sections of petitions, whichever is greater.
(3) In determining from the records of registration the number of qualified voters who have signed the petition, the elections official may use any facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated
certificate showing the result of the
examination and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office.
(f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient or, in the case of an initiative petition, that the number of valid signatures submitted for purposes of subdivision (a) of Section 9036 does not equal 95 percent of the number of qualified voters needed to satisfy the requirement of that subdivision, the
petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g) If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient and, in the case of an initiative petition, the number of valid signatures submitted for purposes of subdivision (a) of Section 9036 total more than 110 percent of the number of qualified voters needed to satisfy the requirement of that subdivision, the petition shall be deemed to qualify as of the date of receipt of certificates by the
Secretary of State showing the petition received more than 110 percent of the qualified voters needed, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(h) The Secretary of State shall adopt regulations consistent with this section. The initial regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general
welfare.
SEC. 6.3.
Section 9030 of the Elections Code is amended to read:9030.
(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.(b) Within 10 days after the filing of the
petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and, in the case of an initiative petition, the total number of signatures submitted for purposes of subdivision (a) of Section 9036. The elections official shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient or, in the case of an initiative petition, the number of signatures submitted for purposes of subdivision (a)
of Section 9036 is less than the total number needed to satisfy the requirement of that subdivision, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient and, in the case of an initiative petition, the number of signatures submitted for purposes of subdivision (a) of Section 9036 is equal to or greater than the total number needed to satisfy the requirement of that subdivision, the Secretary of State shall immediately so notify the elections officials.
(d) (1) Within 35 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition and the number of qualified voters who have signed a section of the petition that satisfies the requirement of subdivision (a) of Section 9036.
(2) (A) If
more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn from all petition sections in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample.
(B) For initiative petitions, a second random sample of signatures shall be drawn from all petition sections submitted to satisfy subdivision (a) of Section 9036 and verified according to the procedures set forth by the Secretary of State. The verification of signatures that are submitted for purposes of subdivision (a) of Section 9036 shall be consistent with subdivision (g) of that section.
(C) In each case, the random sampling shall include an examination of at least 500 signatures or 3 percent of the signatures on the respective petitions or sections of petitions, whichever is greater.
(3) In determining from the records of registration the number of qualified voters who have signed the petition, the elections official may use any facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated
certificate showing the result of the examination and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office.
(f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient or, in the case of an initiative petition, that the number of valid
signatures submitted for purposes of subdivision (a) of Section 9036 does not equal 95 percent of the number of qualified voters needed to satisfy the requirement of that subdivision, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g) If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient and, in the case of an initiative petition, the number of valid signatures submitted for purposes of subdivision (a) of Section 9036 total more than 110 percent of the number of qualified voters needed to satisfy the
requirement of that subdivision, the petition shall be deemed to qualify as of the date of receipt of certificates by the Secretary of State showing the petition received more than 110 percent of the qualified voters needed, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(h) The Secretary of State shall adopt regulations consistent with this section. The initial regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare.
SEC. 7.
Section 10512 of the Elections Code is amended to read:10512.
(a) Each candidate shall set forth in full the oath or affirmation set forth in Section 3 of Article XX of the California Constitution, which shall be filed with the declaration of candidacy. The county elections official or district secretary, or a person designated by the county elections official or district secretary, shall administer the oath.(b) The county elections official or district secretary, or a person designated by the county elections official or district secretary, may administer the oath or affirmation set forth in Section 3 of Article XX of the California Constitution to the candidate elected to
office.
SEC. 8.
Section 10703 of the Elections Code is amended to read:10703.
(a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same
territory in which the vacancy exists, provided that the voters eligible to vote
in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.
(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.
(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5 or 4001.5.
(2) This subdivision shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 8.5.
Section 10703 of the Elections Code is amended to read:10703.
(a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary
election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election
shall not be conducted on the day after a state holiday.
(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5 or 4001.5.
(2) This subdivision shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,
2021,
deletes or extends that date.
SEC. 9.
Section 15620 of the Elections Code is amended to read:15620.
(a) Following completion of the official canvass, any voter may, within five days thereafter but not later than 5 p.m. on the fifth day, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, if the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) If an election is conducted in more than one county, the request for the recount may
be filed by any voter within five days but not later that 5 p.m. on the fifth day, beginning on the 31st day after the election, with the elections official of, and the recount may be conducted within, any or all of the affected counties.
(c) For the purposes of this section, “completion of the official canvass” shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass, “completion of the official canvass” shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated.
SEC. 10.
(a) Section 6.1 of this bill incorporates amendments to Section 9030 of the Elections Code proposed by both this bill and Assembly Bill 698. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 9030 of the Elections Code, and (3) this bill is enacted after Assembly Bill 698, in which case Sections 6, 6.2, and 6.3 of this bill shall not become operative.(b) Section 6.2 of this bill incorporates amendments to Section 9030 of the Elections Code proposed by both this bill and Assembly Bill 1451. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 9030 of the Elections Code, (3) Assembly Bill 698 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1451, in which case Sections 6, 6.1, and 6.3 of this bill shall not become operative.
(c) Section 6.3 of this bill incorporates amendments to Section 9030 of the Elections Code proposed by this bill, Assembly Bill 698, and AB 1451. It shall only become operative if (1) all three bills are enacted and become effective on or before
January 1, 2020, (2) all three bills amend Section 9030 of the Elections Code, and (3) this bill is enacted after Assembly Bill 698 and AB 1451, in which case Sections 6, 6.1, and 6.2 of this bill shall not become operative.
