Bill Text: CA AB1228 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Elections: all-mailed ballot elections.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1228 Detail]

Download: California-2009-AB1228-Enrolled.html

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BILL NUMBER: AB 1228	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN SENATE  AUGUST 25, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JULY 16, 2009
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  MAY 12, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Yamada
   (Principal coauthors: Assembly Members Coto and Fong)
   (Coauthor: Senator Alquist)

                        FEBRUARY 27, 2009

   An act to add and repeal Section 4001 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1228, Yamada. Elections: all-mailed ballot elections.
   Existing law authorizes a local, special, or consolidated election
to be conducted as an all-mailed ballot election, so long as
specified conditions are satisfied.
   This bill would authorize as a pilot program, until December 31,
2016, elections in Yolo and Santa Clara Counties, other than
statewide primary or general elections or special elections to fill a
vacancy in a state office, the Legislature, or Congress, to be
conducted as all-mailed ballot elections if specified conditions are
satisfied.


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

  SECTION 1.  Section 4001 is added to the Elections Code, to read:
   4001.  (a) Notwithstanding Section 4000, as a pilot program,
elections in Santa Clara and Yolo Counties may be conducted as
all-mailed ballot elections, subject to the following conditions:
   (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 prior to 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 as an
all-mailed ballot election 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) At least one polling place is provided in each city within the
jurisdiction and is open to receive voted ballots for at least two
weeks before the date of the election and until 8 p.m. on the day of
the election.
   (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, 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 polling places provided pursuant to paragraph
(4), and this list is also posted on the Internet Web site of the
county elections office.
   (7) The return of voted mail ballots is subject to Section 3017.
    (8) 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.
   (9) Elections pursuant to this section may be held on no more than
three different dates in each county.
   (b) (1) If a county conducts an all-mailed ballot election, on or
before December 31, 2016, 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
whenever possible, but not limited to, the population categories of
race, ethnicity, age, gender, disability, permanent vote by mail
status, and political party affiliation; the number of ballots that
are 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 as
all-mailed ballot elections in the same jurisdiction.
   (3) The report of the county shall be submitted to the Legislature
within six months after the date of the all-mailed ballot election
or prior to 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 December 31,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2016, deletes or extends
that date.