Bill Text: CA AB2028 | 2013-2014 | Regular Session | Amended

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

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Bill Title: All-mailed ballot elections: San Mateo County.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-15 - Chaptered by Secretary of State - Chapter 209, Statutes of 2014. [AB2028 Detail]

Download: California-2013-AB2028-Amended.html

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BILL NUMBER: AB 2028	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2014

INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Senator Hill)

                        FEBRUARY 20, 2014

   An act to  add   amend  Section 
4001.5   4001  of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2028, as amended, Mullin. All-mailed ballot elections: 
counties   San Mateo County  . 
   Existing law authorizes, as a pilot program, until December 31,
2017, elections in Yolo County, 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 wholly by mail
if specified conditions are satisfied. If Yolo County conducts an
all-mailed ballot election, existing law requires the county to
report to the Legislature and the Secretary of State, as specified.
 
   This bill would also authorize San Mateo County to conduct
all-mailed ballot elections pursuant to these provisions. The bill
would require that ballot dropoff locations be fixed in a manner so
that the number of residents for each ballot dropoff location does
not exceed 100,000 on the 88th day prior to the day of election if it
would result in more dropoff locations, as specified.  

   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. Existing law authorizes elections
in the County of Yolo to be conducted wholly by mail as a pilot
program, until January 1, 2018, if specified conditions are
satisfied.  
   This bill would authorize a special election to be conducted in a
county, including a charter county or charter city and county, wholly
by mail, if specified conditions are satisfied. 
   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 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 and  Yolo
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 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
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) (A) At least one ballot dropoff location is provided per city
 and is   or the ballot dropoff locations are
fixed in a manner so that the number of residents for each ballot
dropoff location does not exceed 100,000 on the 88th day prior to the
day of election, whichever results in more dropoff locations. A
ballot dropoff 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) At least one polling place is provided per city where voters
can 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 dropoff 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 dropoff 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 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.
   (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 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 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 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 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. 
  SECTION 1.    Section 4001.5 is added to the
Elections Code, to read:
   4001.5.  Notwithstanding Sections 4000 and 4001 or any other law,
a special election in a county, including a charter county or charter
city and 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 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
wholly by mail pursuant to this section.
   (3) If the area within which the voters reside who are qualified
to vote in the election includes more than one county, the governing
body of the county enters into an agreement with each county within
the electoral jurisdiction to conduct the special election wholly by
mail pursuant to this section.
   (4) (A) At least one ballot dropoff location is provided per city
or the ballot dropoff locations are fixed in a manner so that the
number of voters for each ballot dropoff location does not exceed
70,000 on the 88th day prior to the day of election, whichever
results in more dropoff locations. A ballot dropoff 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) At least one polling place is provided per city or the polling
places are fixed in a manner so that the number of voters for each
polling place does not exceed 70,000 on the 88th day prior to the day
of election, whichever results in more polling places. A polling
place shall allow a voter to request a ballot between 7 a.m. and 8
p.m. on the day of the election if the voter has not received their
ballots in the mail or if the voter needs a replacement ballot 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 dropoff 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 dropoff 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 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.
   (9) Elections pursuant to this section may be held on no more than
three different dates.