Bill Text: CA AB2686 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Elections: all-mailed ballot elections.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 764, Statutes of 2016. [AB2686 Detail]

Download: California-2015-AB2686-Introduced.html

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BILL NUMBER: AB 2686	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 19, 2016

   An act to amend Sections 4000.5 and 4001 of, and to add Section
4002 to the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2686, as introduced, Mullin. Elections: all-mailed ballot
elections.
   Existing law authorizes, until January 1, 2021, 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. Existing law provides that a special election to
fill a vacancy in a congressional or legislative office may be
conducted as an all-mailed ballot election if, among other
requirements, the Board of Supervisors of San Diego County, by
resolution, authorizes the use of mailed ballots for the election and
the congressional or legislative district lies wholly within San
Diego County.
   This bill would authorize a special election to fill a vacancy in
a state office, the Legislature, or Congress to be conducted wholly
by mail if, among other requirements, the legislative body or the
governing body of the eligible entity, by resolution, authorizes the
all-mailed ballot election and notifies the Secretary of State of its
intent to conduct an all-mailed ballot election at least 88 days
before the date of the election. The bill would make conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 4000.5 of the Elections Code is amended 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 by an
eligible entity if the special election or special consolidated
election is any of the following: 
   (1) A special election to fill a vacancy in a congressional or
legislative office.  
   (2) 
    (1)  A special election to fill a vacancy in the
legislative body or governing body. 
   (3) 
    (2)  A special election conducted pursuant to Chapter 2
(commencing with Section 9100), Chapter 3 (commencing with Section
9200), Chapter 4 (commencing with Section 9300), Chapter 5
(commencing with Section 9400), or Chapter 6 (commencing with Section
9500) of Division 9.
   (b) A special election or special consolidated election described
in paragraphs (1)  to (3), inclusive,   and (2)
 of subdivision (a), may be conducted wholly as an all-mailed
ballot election if  all   both  of the
following apply:
   (1)  (A)    For a
special election to fill a vacancy in a congressional or legislative
office, the Board of Supervisors of San Diego County, by resolution,
authorizes the use of mailed ballots for the election and the
congressional or legislative district lies wholly within San Diego
County.   The legislative body or governing body of the
eligible entity, by resolution, authorizes the use of mailed ballots
for the election.  
   (B) For all other special elections the legislative body or
governing body of the eligible entity, by resolution, authorizes the
use of mailed ballots for the election. 
   (2) 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.
   (3) (A) If the boundaries of the jurisdiction of the eligible
entity overlap with the boundaries of a city, at least one ballot
dropoff location is provided per city that 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.
   (4) On at least one Saturday and Sunday on or after the date the
elections official first delivers ballots to voters, the elections
official allows any voter to vote the ballot at a satellite location
within the jurisdiction of the eligible entity pursuant to Section
3018. The elections official shall determine the hours of operation
for each Saturday and Sunday, provided that the satellite location is
open to voters for a minimum of six hours on each designated
Saturday and Sunday.
   (5) (A) At least one polling place is provided per eligible entity
or the polling places are fixed in a manner so that there is one
polling place for every 10,000 registered voters within the
jurisdiction of the eligible entity, as determined on the 88th day
before 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 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights
Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent
possible, ensure that access is evenly distributed throughout the
jurisdiction of the eligible entity.
   (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 elections official is required to recruit precinct board
members who are fluent in a language in addition to English pursuant
to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et
seq.), the elections official shall ensure that the polling place is
staffed by precinct board members who speak that language.
   (E) If a polling place consolidates one or more precincts for
which the 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, the elections official shall
make reasonable efforts to ensure that the polling place is staffed
by precinct board members who speak that language.
   (6) (A) The elections official delivers to each voter all supplies
necessary for the use and return of the mail ballot, including an
envelope for the return of the voted mail ballot with postage
prepaid.
   (B) The 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 (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 receive a ballot by mail.
   (II) The voter may cast a ballot in person at a satellite location
provided for under paragraph (4) or at a polling place on election
day.
   (III) The voter may request the 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.
   (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 elections
official.
   (iii) A postage-paid postcard that the voter may return to the
elections official for the purpose of requesting a vote by mail
ballot in a language other than English.
   (7) (A) The elections official submits to the Secretary of State a
voter education and outreach plan to be implemented by the eligible
entity 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 includes
representatives, advocates, and other stakeholders representing each
community for which the eligible entity is required to provide voting
materials and assistance in a language other than English under
subdivision (c) of Section 14201 and the federal Voting Rights Act of
1965 (52 U.S.C. Sec. 10101 et seq.).
   (ii) One education and outreach meeting that includes
representatives from community organizations and individuals that
advocate on behalf of, or provide services to, individuals with
disabilities.
   (iii) At least one in-person bilingual voter education workshop
for each language in which the eligible entity is required to provide
voting materials and assistance under subdivision (c) of Section
14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
et seq.).
   (iv) At least one in-person voter education workshop to increase
accessibility for participation of eligible voters with disabilities.

   (v) A toll-free voter assistance hotline maintained by the
elections official that is 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
eligible entity is required to provide voting materials and
assistance under subdivision (c) of Section 14201 and the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 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 eligible
entity is required to provide voting materials and assistance under
subdivision (c) 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.
   (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 elections official.
   (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 elections official may provide, at his or her discretion,
additional ballot dropoff locations and polling places for purposes
of this section.
   (e) The return of voted mail ballots is subject to Sections 3017
and 3020.
   (f) (1) If the eligible entity 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 eligible entity 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.
   (g) 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.
   (h) For the sole purpose of reporting the results of an election
conducted pursuant to this section, upon completion of the ballot
count, the 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.
   (i) The 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.
   (j) (1) If an election is conducted pursuant to this section, the
eligible entity shall report to the Legislature and to the Secretary
of State regarding the success of the election, including, but not
limited to, all of the following:
   (A) Any statistics on the cost to conduct the election.
   (B) 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 preference.
   (C) The number of ballots that were not counted and the reasons
they were rejected.
   (D) Voter fraud.
   (E) Any other problems that become known to the eligible entity
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 before the
date of a subsequent election conducted pursuant to this section,
whichever is sooner, the eligible entity 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 elections
official.
   (k) For purposes of this section, "eligible entity" means both of
the following:
   (1) San Diego County.
   (2) A city, school district, community college district, special
district, or other district or political subdivision organized
pursuant to state law, whose boundaries are located wholly within San
Diego County.
   (l) This section 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. 2.  Section 4001 of the Elections Code is amended to read:
   4001.  (a) Notwithstanding Section 4000 or any other law, as a
pilot program, elections in San Mateo County, Yolo County, Sacramento
County, and Monterey County may be conducted wholly by mail if all
of the following conditions are satisfied:
   (1) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and notifies
the Secretary of State of its intent to conduct an all-mailed ballot
election at least 88 days before the date of the election.
   (2) The election does not occur on the same date as a statewide
primary or general election or any other election conducted in an
overlapping jurisdiction that is not consolidated and conducted
wholly by mail pursuant to this section. 
   (3) The election is not a special election to fill a vacancy in a
state office, the Legislature, or Congress.  
   (4) 
    (3)  (A) At least one ballot drop-off location is
provided per city or the ballot drop-off locations are fixed in a
manner so that the number of residents for each ballot drop-off
location does not exceed 100,000 on the 88th day before the day of
election, whichever results in more drop-off locations. A ballot
drop-off location shall be open during business hours to receive
voted ballots beginning 28 days before the date of the election and
until 8 p.m. on the day of the election.
   (B) (i) For San Mateo County and Yolo County, at least one polling
place is provided per city.
   (ii) For Monterey County and Sacramento County, at least one
polling place is provided for every 50,000 registered voters, with a
minimum of one polling place per city, in a manner so that the number
of registered voters for each polling place does not exceed 50,000
on the 88th day before the day of election, whichever results in more
polling places.
   (iii) A polling place provided pursuant to this subparagraph shall
allow voters to request a ballot between 7 a.m. and 8 p.m. on the
day of the election if they have not received their ballots in the
mail or if they need replacement ballots for any other reason.
   (C) Upon the request of the city, county, or district, the
elections official, at his or her discretion, may provide additional
ballot drop-off locations and polling places.
   (5) The elections official delivers to each voter all supplies
necessary for the use and return of the mail ballot, including an
envelope for the return of the voted mail ballot with postage
prepaid.
   (6) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter's
ballot, a list of the ballot drop-off locations and polling places
provided pursuant to paragraph (4), and also posts that list on the
Internet Web site of the county elections office.
   (7) The return of voted mail ballots is subject to Section 3017.
   (8) (A) The polling places provided under this section are at an
accessible location and are equipped with voting units or systems
that are accessible to individuals with disabilities and that provide
the same opportunity for access and participation, including the
ability to vote privately and independently.
   (B) A ballot drop-off 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.
   (9) Elections in the county conducted pursuant to this section may
be held on no more than three different dates.
   (b) (1) If the county conducts an all-mailed ballot election
pursuant to this section, on or before December 31, 2017, the county
shall report to the Legislature and to the Secretary of State
regarding the success of the election, including, but not limited to,
any statistics on the cost to conduct the election; the turnout of
different populations, including, but not limited to, to the extent
possible, the population categories of race, ethnicity, age, gender,
disability, permanent vote by mail status, and political party
affiliation; the number of ballots not counted and the reasons they
were rejected; voter fraud; and, any other problems that become known
to the county during the election or canvass.
   (2) Whenever possible, using the criteria set forth in paragraph
(1), the report of the county shall compare the success of the
all-mailed ballot election to similar elections not conducted wholly
by mail in the same jurisdiction or comparable jurisdictions.
   (3) The report of the county shall be submitted to the Legislature
pursuant to Section 9795 of the Government Code within six months
after the date of the all-mailed ballot election or before the date
of any other all-mailed ballot election subject to this section to be
conducted in the county, whichever is sooner.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 3.  Section 4002 is added to the Elections Code, to read:
   4002.  (a) Notwithstanding Section 4000 or any other law, a
special election to fill a vacancy in a state office, the
Legislature, or Congress may be conducted wholly by mail if all of
the following conditions are satisfied:
   (1) The legislative body as the governing body of the eligible
entity, by resolution, authorizes the all-mailed ballot election and
notifies the Secretary of State of its intent to conduct an
all-mailed ballot election at least 88 days before the date of the
election.
   (2) The election does not occur on the same date as a statewide
primary or general election or any other election conducted in an
overlapping jurisdiction that is not consolidated and conducted
wholly by mail pursuant to this section.
   (3) The elections official delivers to each voter all supplies
necessary for the use and return of the mail ballot, including an
envelope for the return of the voted mail ballot with postage
prepaid.
   (4) The elections official delivers to each voter, with either the
sample ballot sent pursuant to Section 13303 or with the voter's
ballot, a list of the ballot drop-off locations and polling places
provided pursuant to paragraph (4), and also posts that list on the
Internet Web site of the county elections office.
   (5) The return of voted mail ballots is subject to Section 3017.
   (6) (A) The polling places provided for the election are at an
accessible location and are equipped with voting units or systems
that are accessible to individuals with disabilities and that provide
the same opportunity for access and participation, including the
ability to vote privately and independently.
   (B) A ballot drop-off location provided for the election shall
consist of a locked ballot box located in a secure public building
that meets the accessibility requirements for a polling place.
   (7) Elections conducted pursuant to this section may be held on no
more than three different dates.