Bill Text: CA SB109 | 2011-2012 | Regular Session | Amended

California Senate Bill 109 (Prior Session Legislation)

Bill Title: Elections: special: vote by mail.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB109 Detail]

Download: California-2011-SB109-Amended.html

BILL NUMBER: SB 109	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Gaines

                        JANUARY 14, 2011

   An act to amend Section 4004 of the Elections Code, relating to
vote by mail elections, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 109, as amended, Gaines. Elections: special: vote by mail.
   Under existing law, a small city with a population of 100,000 or
less, and an eligible entity, as defined, may conduct an election
therein wholly by all-mail ballot, subject to certain conditions,
including that the election is a special election to fill a vacancy
in the legislative body of the small city or the governing board of
the eligible entity, and that the election is not consolidated with
any other election.
   This bill would also authorize a small county with a population of
400,000 or less to conduct  an election therein 
 a special election to fill a vacancy in a legislative body or
governing body, or any special election called by the Governor, 
wholly by all-mail ballot, subject to the same conditions currently
imposed on small cities and other eligible entities.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 4004 of the Elections Code is amended to read:
   4004.  (a) (1) "Small city" means a city with a population of
100,000 or less, as determined by the annual city total population
estimates by the Demographic Research Unit of the Department of
Finance.
   (2) "Small county" means a county with a population of 400,000 or
less, as determined by the annual county total population estimates
by the Demographic Research Unit of the Department of Finance.
   (b) "Eligible entity" means a school district or a special
district.
   (c) Notwithstanding Sections 1500 and 4000, an election in a small
city, small county, or an eligible entity may be conducted wholly as
an all-mail ballot election, subject to the following conditions:
   (1) The legislative body of the small city, small county, or the
governing body of the eligible entity, by resolution, authorizes the
use of mailed ballots for the election.
   (2) The election is a special election to fill a vacancy in the
legislative body or governing body.
   (3) The election is not held on the same date as a statewide
primary or general election.
   (4) The election is not consolidated with any other election.
   (5) The return of voted mail ballots is subject to Section 3017.

   (d) Notwithstanding Sections 1500 and 4000, a special election
called by the Governor may be conducted wholly as an all-mail ballot
election in a small county subject to the following conditions: 

   (1) The legislative body of the small county, by resolution,
authorizes the use of mailed ballots for the special election. 

   (2) The special election is not held on the same day as a
statewide primary or general election.  
   (3) The special election is not consolidated with any other
election.  
   (4) The return of voted mail ballots is subject to Section 3017.

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   It is necessary for this act to go into immediate effect in order
to allow small counties to save money in the current fiscal year by
conducting all-mail ballot elections for the many special elections
set to occur in these small counties during the current fiscal year
in light of the  ongoing dire financial straights facing
those   financial burdens that these elections place on
the affected  counties.