Bill Text: CA AB1873 | 2013-2014 | Regular Session | Chaptered
Bill Title: Special mail ballot elections: San Diego County.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 598, Statutes of 2014. [AB1873 Detail]
Download: California-2013-AB1873-Chaptered.html
BILL NUMBER: AB 1873 CHAPTERED
BILL TEXT
CHAPTER 598
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2014
APPROVED BY GOVERNOR SEPTEMBER 26, 2014
PASSED THE SENATE AUGUST 28, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Members Gonzalez and Mullin
FEBRUARY 19, 2014
An act to amend Section 10703 of, and to add and repeal Section
4000.5 of, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1873, Gonzalez. Special mail ballot elections: San Diego
County.
Existing law provides for the calling of a special election to
fill a congressional or legislative vacancy. Under existing law, the
governing body of a local agency is authorized to conduct a local,
special, or consolidated election wholly by mail under specified
conditions.
This bill would, until January 1, 2020, authorize San Diego County
to conduct, as a pilot program, an all-mailed ballot special
election or special consolidated election to fill a congressional or
legislative vacancy under specified conditions. The bill would also
authorize the county to process vote by mail ballot return envelopes
beginning 29 days before the election, and would authorize the county
to process vote by mail ballots on the 10th business day before the
election, as specified.
The bill would express the intent of the Legislature that voter
education and outreach efforts be conducted in order to assist voters
accustomed to voting at the polls if an all-mailed ballot election
is conducted, as specified. The bill would require the county to
submit a report to the Legislature and to the Secretary of State that
includes specified statistics related to any all-mailed ballot
election conducted under the pilot program, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Diego.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1) While the number of voters in California casting ballots by
mail continues to increase, all-mailed ballot elections are not an
appropriate method to conduct regularly scheduled elections as
significant numbers of voters continue to vote at polling places.
(2) The unique voting behavior and demographics of San Diego
County relative to the rest of the state enable San Diego County to
conduct elections primarily by vote by mail ballot, as follows:
(A) The mean percentage of voters within San Diego County casting
vote by mail ballots is equal to or greater than the statewide mean
percentage of voters casting vote by mail ballots.
(B) The majority of all ballots cast within San Diego County are
vote by mail ballots.
(C) The mean percentage of vote by mail ballots cast but not
counted within San Diego County does not exceed the statewide mean
percentage of vote by mail ballots cast but not counted.
(D) In San Diego County, the percentage of vote by mail ballots
cast by members of a protected class is equal to or greater than the
percentage of votes cast by members of a protected class at polling
places for any specified election. For purposes of this act,
"protected class" means voters who are members of a racial or
language minority group, as referenced and defined in the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(E) In San Diego County, the percentage of vote by mail ballots
cast for special elections represents more than 50 percent of all
ballots cast.
(F) Over 50 percent of all eligible registered voters in San Diego
County are permanent vote by mail voters.
(b) Accordingly, it is the intent of the Legislature in enacting
this act for a specified period to achieve all of the following:
(1) Ample voter education and outreach efforts shall be conducted
to assist voters accustomed to voting at the polls to vote using vote
by mail ballots.
(2) Voter education and outreach shall be provided in English and
in every language in which a ballot is required to be made available
pursuant to the Elections Code and the federal Voting Rights Act of
1965, and shall include the steps an elections official is required
to take to ensure that voter education and outreach is conducted in
those languages.
(3) In preparation for a special election pursuant to this act,
San Diego County shall consult with communities with
limited-English-proficient persons and historically lower voter
turnout, in addition to nonprofit community-based organizations
including, but not limited to, organizations that work with and
advocate on behalf of people with disabilities.
SEC. 2. Section 4000.5 is added to the Elections Code, to read:
4000.5. (a) Notwithstanding Section 4000 or any other law, as a
pilot program, an all-mailed ballot special election or special
consolidated election in San Diego County may be conducted to fill a
vacancy in a congressional or legislative office if all of the
following apply:
(1) The congressional or legislative district lies wholly within
San Diego County.
(2) The Board of Supervisors of San Diego County, by resolution,
authorizes the use of mailed ballots for the election.
(3) The election does not occur on the same date as a statewide
direct primary election, statewide general election, or any other
election conducted in an overlapping jurisdiction that is not
consolidated and conducted wholly by mail.
(4) (A) If the boundaries of the congressional or legislative
district overlap with the boundaries of a city, at least one ballot
dropoff location is provided per city and is open during business
hours to receive voted ballots beginning not less than seven days
before the date of the election.
(B) The number of dropoff locations in unincorporated areas shall
be based on the number of unincorporated registered voters divided by
100,000 (rounded to the next whole number) with no less than one
location to be selected.
(C) A ballot dropoff location provided for under this section
shall consist of a locked ballot box located in a secure public
building that meets the accessibility requirements for a polling
place.
(5) On at least one Saturday and Sunday on or after the date the
county elections official first delivers ballots to voters, the
elections official allows any voter to vote the ballot at a satellite
location within the congressional or legislative district pursuant
to Section 3018. The elections official shall determine the hours of
operation for each Saturday and Sunday, provided that the satellite
location shall be open to voters for a minimum of six hours on each
designated Saturday and Sunday.
(6) (A) At least one polling place is provided per city or the
polling places are fixed in a manner so that there is one polling
place for every 10,000 registered voters within the congressional or
legislative district, as determined on the 88th day prior to the day
of the election, whichever results in more polling places. A polling
place shall allow a voter to request and vote a ballot between 7 a.m.
and 8 p.m. on the day of the election.
(B) The polling places provided under this section shall be
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 (42 U.S.C. Sec. 15301 et seq.), and the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 et seq.), and shall, to the extent
possible, ensure that access is evenly distributed throughout the
congressional or legislative district.
(C) The polling places provided under this section shall be
established at accessible locations and 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.
(D) If a polling place consolidates one or more precincts for
which the county elections official is required to recruit precinct
board members who are fluent in a language in addition to English
pursuant to subdivision (c) of Section 12303 or the federal Voting
Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.), the elections
official shall make reasonable efforts to ensure that the polling
place is staffed by precinct board members who speak those languages.
(7) (A) The county elections official delivers to each voter all
supplies necessary for the use and return of the mail ballot,
including an envelope for the return of the voted mail ballot with
postage prepaid.
(B) The county elections official delivers to each voter, with
either the sample ballot sent pursuant to Section 13303 or with the
voter's ballot, all of the following:
(i) A notice, translated in all languages required under
subdivision (c) of Section 14201 and Section 203 of the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.), that informs
voters of all of the following:
(I) An all-mailed ballot election is being conducted and each
eligible voter will receive a ballot by mail.
(II) The voter may cast a ballot in person at a satellite location
provided for under paragraph (5) or at a polling place on election
day.
(III) 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 (42 U.S.C. Sec.
1971 et seq.) or a facsimile copy of the ballot printed in other
languages pursuant to Section 14201.
(ii) A list of the ballot dropoff locations, satellite locations,
and polling places established pursuant to this section. The list
shall also be posted on the Internet Web site of the county elections
official.
(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.
(8) (A) The county elections official submits to the Secretary of
State a voter education and outreach plan to be implemented by the
county for any election conducted pursuant to this section. The voter
education and outreach plan shall include, but shall not be limited
to, all of the following:
(i) One education and outreach meeting that shall include
representatives, advocates, and other stakeholders representing each
community for which the county is required to provide voting
materials and assistance in other languages under subdivision (c) of
Section 14201 and the federal Voting Rights Act of 1965 (42 U.S.C.
Sec. 1971 et seq.).
(ii) One education and outreach meeting that shall include
representatives from community organizations and individuals that
advocate on behalf of, or provide services to, individuals with
disabilities.
(iii) At least one bilingual voter education program for each
language in which the county is required to provide voting materials
and assistance under subdivision (c) of Section 14201 and the federal
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(iv) At least one voter education program to increase
accessibility for participation of eligible voters with disabilities.
(v) A toll-free voter assistance hotline maintained by the county
elections official that shall be operational no later than the date
that vote by mail ballots are mailed to voters until 5 p.m. on the
day after the special 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 (c) of Section 14201 and the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 et seq.).
(vi) 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.
(vii) 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 (c) of Section 14201 and the federal Voting Rights Act of
1965 (42 U.S.C. Sec. 1971 et seq.) for purposes of informing voters
of the upcoming election and promoting the toll-free voter assistance
hotline.
(viii) A voter education social media strategy that is developed
in partnership with community organizations and individuals that
advocate on behalf of, or provide services to, non-English-speaking
individuals and individuals with disabilities.
(B) The voter education and outreach plan shall be posted on the
Internet Web site of the Secretary of State and on the Internet Web
site of the county elections official.
(b) Except as otherwise provided in this section, the election day
procedures shall be conducted in accordance with Division 14
(commencing with Section 14000).
(c) The county elections official may provide, at his or her
discretion, additional ballot dropoff locations and polling places
for purposes of this section.
(d) The return of voted mail ballots is subject to Sections 3017
and 3020.
(e) (1) If the county conducts a special election pursuant to this
section, it may process vote by mail ballot return envelopes
beginning 29 days before the election. Processing vote by mail ballot
return envelopes may include verifying the voter's signature on the
vote by mail ballot return envelope and updating voter history
records.
(2) If the county conducts a special election pursuant to this
section, it may start to process vote by mail ballots on the 10th
business day before the election. Processing vote by mail ballots
includes opening vote by mail ballot return envelopes, removing
ballots, duplicating any damaged ballots, and preparing the ballots
to be machine read, or machine reading them, but under no
circumstances shall a vote count be accessed or released until 8 p.m.
on the day of the election.
(f) Results of any vote by mail ballot tabulation or count shall
not be released before the close of the polls on the day of the
election.
(g) 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.
(h) The county elections official shall compile an index, list, or
file of all persons who voted in an election conducted pursuant to
this section. If the elections official uses data-processing
equipment to compile the index, list, or file, he or she shall retain
an accurate copy of that index, list, or file in electronic format
for a period of 10 years.
(i) (1) If an election is conducted pursuant to this section, San
Diego County shall report to the Legislature and to the Secretary of
State regarding the success of the election, including, but not
limited to, any statistics on the cost to conduct the election; the
turnout of different populations, including, but not limited to and
to the extent possible, the population categories of race, ethnicity,
language preference, age, gender, disability, permanent vote by mail
status, and political party affiliation as it relates to the
languages required under the federal Voting Rights Act of 1965; the
number of ballots that were not counted and the reasons they were
rejected; voter fraud; and any other problems that became known to
the county during the election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph
(1), the report shall compare the election conducted pursuant to this
section to similar elections not conducted pursuant to this section
in the same jurisdiction or comparable jurisdictions.
(3) Within six months after the date of the election or prior to
the date of a subsequent election conducted pursuant to this section,
whichever is sooner, San Diego County shall do all of the following
with respect to the report required by this subdivision:
(A) Submit the report to the Legislature in compliance with
Section 9795 of the Government Code.
(B) Submit the report to the Secretary of State.
(C) Post the report on the Internet Web site of the county
elections official.
(j) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 3. Section 10703 of the Elections Code is amended to read:
10703. (a) 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, except that
the special election may be conducted within 180 days following the
proclamation in order that the election or the primary election may
be consolidated with the next 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 may 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.
(2) This subdivision shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 4. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the voting behavior, demographic characteristics, and
unique special election experiences of San Diego County. It is the
intent of the Legislature that the provisions of this act serve as a
pilot program for future special elections.
