Bill Text: CA SB117 | 2017-2018 | Regular Session | Chaptered
Bill Title: Elections.
Spectrum: Committee Bill
Status: (Passed) 2017-08-24 - Chaptered by Secretary of State. Chapter 180, Statutes of 2017. [SB117 Detail]
Download: California-2017-SB117-Chaptered.html
| Senate Bill No. 117 |
| CHAPTER 180 |
An act to amend Section 4005 of, to add Section 4005.5. to, to repeal Section 11105 of, and to repeal and add Sections 11104, 11106, 11108, and 11324 of, the Elections Code, and to repeal Section 93 of Chapter 28 of the Statutes of 2017, relating to elections, making an appropriation therefor, to take effect immediately, bill related to the budget.
[
Approved by
Governor
August 24, 2017.
Filed with
Secretary of State
August 24, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 117, Committee on Budget and Fiscal Review.
Elections.
(1) Existing law authorizes specified counties, commencing January 1, 2018, and any county except the County of Los Angeles, commencing January 1, 2020, to conduct any election as an all-mailed ballot election if specified conditions are satisfied. The County of Los Angeles is authorized, commencing January 1, 2020, to conduct any election as a vote center election if specified conditions are satisfied. No later than 4 years after conducting its first vote center election, the County of Los Angeles will be authorized to conduct all-mailed ballot elections in the same manner as other counties. Existing law requires that the plan for the administration of an all-mailed ballot election conducted by a county include a voter education and outreach plan approved by the Secretary of State. Existing law requires the Secretary of State, within 6 months of each election
conducted by a county as an all-mailed ballot election or vote center election, to report specified information regarding the election to the Legislature.
This bill would require the Secretary of State to assist each county conducting an all-mailed ballot election in 2018 in providing additional voter education and community outreach, including, but not limited to, direct contact with voters. The bill would authorize the Secretary of State to provide funding allocated for these purposes to each county. The bill would authorize the Secretary of State to contract with any qualified person or organization for purposes of preparing the report to the Legislature. The bill would appropriate $350,000 from the General Fund to the Secretary of State for these purposes, with $100,000 allocated for the report to the Legislature and $250,000 allocated for assisting counties in providing additional voter education and outreach.
(2) The California Constitution enables electors to initiate a recall of state officers by gathering sufficient signatures within a 160-day period. Upon certification by the Secretary of State that this requirement has been met, the California Constitution authorizes the Governor to call a recall election within 60 to 80 days or to consolidate it with a regularly scheduled election that is within 180 days of the certification of the signatures. The California Constitution authorizes the Legislature to provide for recall elections, and existing statutes establish a procedural framework for certifying recall petitions and holding recall elections.
Existing law requires the Secretary of State to notify a county elections official that a petition received a sufficient number of signatures to initiate a recall election. After this notice has been provided, existing law provides for a period of 30 business days in which voters who signed the petition may
withdraw their signatures. No later than 10 days after that period ends, county elections officials are required to report to the Secretary of State the total number of signatures that were withdrawn, and this process continues until the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election. If a sufficient number of verified signatures is ultimately obtained, the Department of Finance, in consultation with affected elections officials and the Secretary of State, is required to estimate the costs of the recall election if it is held as a special election or as part of the next regularly scheduled election. The Secretary of State is prohibited from certifying the sufficiency of the signatures until the Joint Legislative Budget Committee has had 30 days to review and comment on the Department of Finance’s estimate of the costs of the recall election. Following that period, the Department of Finance’s estimate
must be posted on the Secretary of State’s Internet Web site, and the Department of Finance is authorized to direct the Controller to remit specified costs of conducting the recall election to affected counties.
This bill would repeal and reenact those provisions for a specified reason. This bill would require that the Department of Finance submit its estimate of the costs of the recall election within 30 business days of receipt of the Secretary of State’s notice of sufficient signatures to initiate a recall. The bill would also repeal a $5,000,000 appropriation to the Department of Finance for allocation to counties for recall election costs and provisions that allow for the use of random sampling as a method of verifying signatures for a recall petition, thereby requiring the examination and verification of each signature filed.
The bill
would state various findings and declarations of the Legislature, including the Legislature’s intent that specified changes in the Elections Code relating to recall elections apply retroactively.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Senate Bill 96 of the 2017–18 Regular Session (Chapter 28 of the Statutes of 2017), which took effect on June 27, 2017, is a bill providing for appropriations related to the budget bill passed by the Senate and Assembly on June 15, 2017. Among other statutory changes, Senate Bill 96 revised provisions of the Elections Code relating to recall petition procedures, including those governing signature verification by county elections officials and the timeline for petition certification by the Secretary of State.
(b) On July 20, 2017, the Howard Jarvis Taxpayers Association and certain individuals who signed a
petition to recall Senator Josh Newman filed an Emergency Petition for Writ of Mandate and Request for Immediate Stay against Secretary of State Alex Padilla in the California Court of Appeal, Third Appellate District, asking the court to compel Secretary of State Padilla to certify the recall petition in accordance with the law that was in effect before Senate Bill 96 was enacted.
(c) On August 14, 2017, the Court of Appeal issued an alternative writ of mandate staying Secretary of State Padilla “from enforcing the amendments to the Elections Code effected by Senate Bill 96.” The court order cites both the requirement in Section 9 of Article IV of the California Constitution that “[a] statute shall embrace but one subject, which shall be expressed in its title,” and the California Supreme Court decision in Harbor v. Deukmejian (1987) 43 Cal.3d 1078, in which the Supreme Court held that Senate Bill 1379 of the 1983–84 Regular Session of the
Legislature (Chapter 268 of the Statutes of 1984) was invalid as a violation of the aforementioned single subject rule in Section 9 of Article IV.
(d) To eliminate any issue as to whether the changes to recall petition procedures made by Senate Bill 96 are enacted in violation of the single subject rule, it is the intent of the Legislature to repeal those provisions and reenact them in this act, which embraces only the subject of elections.
SEC. 2.
The Legislature finds and declares all of the following:(a) Pursuant to Section 16 of Article II of the California Constitution, the Legislature is required to provide for the circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
(b) Recall elections are extraordinary elections in which an official may be removed by fewer voters than the number of voters who elected that official.
(c) Before a recall election is held, any and all steps should be employed to ensure the accuracy and validity of the petition process.
(d) It is the Legislature’s intent that the changes made to the Elections Code by Sections 6, 7, 9, 11, and 13 of this act apply retroactively to recalls that are pending at any stage at the time of the act’s enactment.
SEC. 3.
Section 4005 of the Elections Code is amended to read:4005.
(a) Notwithstanding Section 4000 or any other law, on or after January 1, 2018, the Counties of Calaveras, Inyo, Madera, Napa, Nevada, Orange, Sacramento, San Luis Obispo, San Mateo, Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, and, except as provided in Section 4007, on or after January 1, 2020, 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, his or her vote by mail ballot.
(ii) Register to vote, update his or her 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 voter 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 his or her Internet Web site 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 (c) 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 voter centers established pursuant to this section:
(i) Registered to vote or updated his or her 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 index of affidavits of voter registration
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) Beginning 29 days before the day of the election, the county elections official mails to each registered voter a vote by mail ballot packet that includes a return envelope with instructions for the use and return of the vote by mail ballot.
(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 (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 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 Web site 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 (c) 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.
(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 Web sites 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 Web site, 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 he or she receives from the public and shall amend the draft plan in response to the public comments to the extent he or she 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 Web site of the county elections official in 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 (52 U.S.C. Sec. 10101 et seq.), and the Secretary of State’s Internet Web site 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 he or she 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 Web site 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 (c) 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 (c) 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 (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.
(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 voter 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 (c) 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 Web site of the Secretary of State and on the Internet Web site of the county elections official.
(b) Notwithstanding Section 4000 or any other law, on or after January 1, 2018, the Counties of Calaveras, Inyo, Madera, Napa, Nevada, Orange, Sacramento, San Luis
Obispo, San Mateo, Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, and on or after January 1, 2020, 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 (9) 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 (9) 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 his or her 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 or Section 4007, 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 (c) 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 Web site 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 his or her Internet Web site 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. 4.
Section 4005.5 is added to the Elections Code, to read:4005.5.
The Secretary of State shall assist each county conducting an election in 2018 pursuant to Section 4005 in providing voter education and community outreach in addition to the voter education and outreach required by Section 4005, including, but not limited to, direct contact with voters. The Secretary of State may provide funding allocated for the purposes of this section to each county.SEC. 5.
Section 11104 of the Elections Code is repealed.SEC. 6.
Section 11104 is added to the Elections Code, to read:11104.
(a) The elections official, 30 days after a recall has been initiated and every 30 days thereafter, or more frequently at the discretion of the elections official, shall report to the Secretary of State all of the following:(1) The number of signatures submitted on the recall petition sections for the period ending five days previously, excluding Saturdays, Sundays, and holidays.
(2) The cumulative total of all signatures received since the time the recall was initiated and through the period ending five days previously, excluding Saturdays, Sundays, and holidays.
(3) The number of valid
signatures, verified pursuant to subdivision (b), submitted during the previous reporting period, and of valid signatures verified during the current reporting period.
(4) The cumulative total of all valid signatures received since the time the recall was initiated and ending five days previously, excluding Saturdays, Sundays, and holidays.
(b) Signatures shall be verified in the same manner set forth in subdivision (b) of Section 9031.
(c) The elections official, at the end of each 30-day period, shall attach to the petition a form provided by the Secretary of State, properly dated, that includes the information required by subdivision (a), and submit a copy of the petition, except as to the signatures appended thereto, to the Secretary of State and file a copy of the form in his or her office.
(d) Notwithstanding subdivisions (a) and (b), and Section 11106, the elections official shall not be required to verify signatures on a recall petition until the signatures submitted equal at least 10 percent of the total signatures required to qualify the recall for the ballot, as determined by the Secretary of State.
SEC. 7.
Section 11105 of the Elections Code is repealed.SEC. 8.
Section 11106 of the Elections Code is repealed.SEC. 9.
Section 11106 is added to the Elections Code, to read:11106.
Immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.SEC. 10.
Section 11108 of the Elections Code is repealed.SEC. 11.
Section 11108 is added to the Elections Code, to read:11108.
(a) When the Secretary of State has received from one or more county elections officials a petition certified to have been signed by a sufficient number of registered voters to initiate a recall election, he or she shall, within 10 days, notify each county elections official of that fact.(b) Notwithstanding any other law, any voter who has signed a recall petition under this chapter shall have his or her signature withdrawn from the petition upon the voter filing a written request that includes the voter’s name, residence address, and signature with the elections official within 30 business days of the Secretary of State’s notice provided by subdivision (a).
(c) No later than 10 business days after the withdrawal period provided by subdivision (b), the elections officials shall report to the Secretary of State the total number of signatures that have been withdrawn pursuant to subdivision (b). The Secretary of State shall promptly make a second preliminary determination of whether the petitions have been signed by the sufficient number of registered voters to initiate a recall election. If the petitions have not been signed by a sufficient number of registered voters, the Secretary of State shall notify the county elections officials to continue to verify signatures pursuant to Section 11104. The Secretary of State and elections officials shall continue to make the notifications and reports required by this section until such time as the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election.
(d) Upon receipt of the notification from the Secretary of State required in subdivision (c) that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election, the Department of Finance shall, in consultation with the affected elections officials and the Secretary of State, estimate the costs of the recall election, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places. The Department shall estimate the costs that would be incurred if (1) the recall election is held as a special election and (2) the recall election is consolidated with the next regularly scheduled election pursuant to subdivision (b) of Section 15 of Article II of the California Constitution. Within 30 business days of receipt of the Secretary of State’s notice of sufficient signatures to initiate a recall required by subdivision (c), the Department of Finance shall submit the estimate to the Governor, the
Secretary of State, and the Chairperson of the Joint Legislative Budget Committee.
(e) Notwithstanding any other law, the Secretary of State shall not certify the sufficiency of the signatures under Section 11109 until the Joint Legislative Budget Committee has had 30 days to review and comment on the estimate submitted by the Department of Finance pursuant to subdivision (d).
(f) The Secretary of State shall publish a copy of the estimate submitted by the Department of Finance on the Secretary of State’s public Internet Web site no later than 21 business days after the time for the Joint Legislative Budget Committee to review the estimate has expired.
(g) After the time for the Joint Legislative Budget Committee to review the estimate has expired, the Director of Finance, or his or her designee, shall direct the
Controller to remit to the elections official from those funds designated for that purpose in any budget act or other measure an amount that takes into consideration the amount of funds available for the purpose, the number of elections officials expected to conduct state recall elections held in that fiscal year, the Department of Finance’s estimates of the costs of each elections official to conduct each state recall election, and the amount reasonably necessary to conduct such recall election.
SEC. 12.
Section 11324 of the Elections Code is repealed.SEC. 13.
Section 11324 is added to the Elections Code, to read:11324.
(a) The official responsible for preparing the ballot shall, at least 10 days before the recall election, mail a voter information guide to each registered voter of the electoral jurisdiction of the officer sought to be recalled.(b) In the case of a recall of a state officer, the official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.
SEC. 14.
Section 93 of Chapter 28 of the Statutes of 2017 is repealed.SEC. 15.
The sum of three hundred fifty thousand dollars ($350,000) is hereby appropriated from the General Fund to the Secretary of State to be allocated according to the following schedule:(a) One hundred thousand dollars ($100,000) for purposes of the report to the Legislature required by subparagraph (A) of paragraph (1) of subdivision (g) of Section 4005 of the Elections Code.
(b) Two hundred fifty thousand dollars ($250,000) for purposes of voter education and outreach pursuant to Section 4005.5 of the Elections Code.
