Bill Text: CA SB450 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elections: vote by mail voting and mail ballot elections.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 832, Statutes of 2016. [SB450 Detail]
Download: California-2015-SB450-Chaptered.html
BILL NUMBER: SB 450 CHAPTERED
BILL TEXT
CHAPTER 832
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JULY 7, 2015
AMENDED IN ASSEMBLY JUNE 15, 2015
INTRODUCED BY Senators Allen and Hertzberg
(Principal coauthors: Assembly Members Gonzalez, Mullin, Nazarian,
and Weber)
FEBRUARY 25, 2015
An act to amend Sections 3017 and 15320 of, to add Sections 4005,
4006, and 4007 to, and to add and repeal Section 4008 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 450, Allen. Elections: vote by mail voting and mail ballot
elections.
Existing law requires all vote by mail ballots to be voted on or
before the day of the election and requires the vote by mail voter to
return the ballot by mail or in person, as specified, to the
elections official who issued the ballot.
This bill would require an elections official who receives a vote
by mail ballot that he or she did not issue to forward that ballot to
the elections official who issued the ballot no later than 8 days
after receipt. By requiring an elections official to forward a ballot
to the elections official who issued the ballot, the bill would
impose a state-mandated local program.
Existing law authorizes cities with a population of fewer than
100,000 persons, school districts, and special districts to conduct
an all-mailed ballot special election to fill a vacancy on the
legislative or governing body of those entities under specified
conditions.
This bill, the California Voter's Choice Act, would, on or after
January 1, 2018, authorize specified counties, and on or after
January 1, 2020, authorize any county except the County of Los
Angeles, to conduct any election as an all-mailed ballot election if
certain conditions are satisfied, including conditions related to
ballot dropoff locations, vote centers, and plans for the
administration of all-mailed ballot elections. The bill would require
the Secretary of State, within 6 months of each all-mailed ballot
election conducted by a county pursuant to these provisions, to
report certain information to the Legislature regarding that
election. The bill would require the county that conducted the
all-mailed ballot election to submit to the Secretary of State the
information needed for the Secretary of State to prepare the report.
This bill would, on or after January 1, 2020, authorize the County
of Los Angeles to conduct any election as a vote center election if
certain conditions are satisfied, including conditions related to
ballot dropoff locations and vote centers. The bill would, on or
after January 1, 2020, authorize the County of Los Angeles to conduct
a special election as an all-mailed ballot election pursuant to
specified provisions that apply to every county that chooses to
conduct a special election as an all-mailed ballot election.
This bill would also require the Secretary of State to establish a
taskforce that includes certain individuals to review all-mailed
ballot elections conducted pursuant to these provisions and to
provide comments and recommendations to the Legislature within 6
months of each all-mailed ballot election or vote center election.
This bill would incorporate additional changes to Section 3017 of
the Elections Code proposed by AB 1921 that would become operative
only if AB 1921 and this bill are both chaptered and this bill is
chaptered last.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Voter's Choice Act.
SEC. 2. Section 3017 of the Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official who
issued the ballot, (2) return the ballot in person to a member of a
precinct board at a polling place or vote center within the state, or
(3) return the ballot to a vote by mail ballot dropoff location
within the state that is provided pursuant to Section 3025 or 4005.
However, a vote by mail voter who is unable to return the ballot may
designate his or her spouse, child, parent, grandparent, grandchild,
brother, sister, or a person residing in the same household as the
vote by mail voter to return the ballot to the elections official who
issued the ballot, to the precinct board at a polling place or vote
center within the state, or to a vote by mail ballot dropoff location
within the state that is provided pursuant to Section 3025 or 4005.
The ballot must, however, be received by the elections official who
issued the ballot, the precinct board, or the vote by mail ballot
dropoff location before the close of the polls on election day. If a
vote by mail ballot is returned to a precinct board at a polling
place or vote center, or to a vote by mail ballot dropoff location,
that is located in a county that is not the county of the elections
official who issued the ballot, the elections official for the county
in which the vote by mail ballot is returned shall forward the
ballot to the elections official who issued the ballot no later than
eight days after receipt.
(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in
compliance with this section.
(e) Notwithstanding subdivision (a), a vote by mail voter's ballot
shall not be returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any
other group or organization at whose behest the individual designated
to return the ballot is performing a service. However, this
subdivision does not apply to a candidate or a candidate's spouse.
SEC. 2.5. Section 3017 of the Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do any of the following: (1)
return the ballot by mail or in person to the elections official who
issued the ballot, (2) return the ballot in person to a member of a
precinct board at a polling place or vote center within the state, or
(3) return the ballot to a vote by mail ballot dropoff location
within the state that is provided pursuant to Section 3025 or 4005.
However, a vote by mail voter who is unable to return the ballot may
designate any person to return the ballot to the elections official
who issued the ballot, to the precinct board at a polling place or
vote center within the state, or to a vote by mail ballot dropoff
location within the state that is provided pursuant to Section 3025
or 4005. The ballot must, however, be received by the elections
official who issued the ballot, the precinct board, or the vote by
mail ballot dropoff location before the close of the polls on
election day. If a vote by mail ballot is returned to a precinct
board at a polling place or vote center, or to a vote by mail ballot
dropoff location, that is located in a county that is not the county
of the elections official who issued the ballot, the elections
official for the county in which the vote by mail ballot is returned
shall forward the ballot to the elections official who issued the
ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in
compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall
not receive any form of compensation based on the number of ballots
that the person has returned and no individual, group, or
organization shall provide compensation on this basis.
(2) For purposes of this paragraph, "compensation" means any form
of monetary payment, goods, services, benefits, promises or offers of
employment, or any other form of consideration offered to another
person in exchange for returning another voter's vote by mail ballot.
(3) Any person in charge of a vote by mail ballot and who
knowingly and willingly engages in criminal acts related to that
ballot as described in Division 18 (commencing with Section 18000),
including, but not limited to, fraud, bribery, intimidation, and
tampering with or failing to deliver the ballot in a timely fashion,
is subject to the appropriate punishment specified in that division.
SEC. 3. Section 4005 is added to the Elections Code, 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).
(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 4006 is added to the Elections Code, to read:
4006. For any election conducted pursuant to Section 4005, the
county elections official shall make a reasonable effort to inform a
voter of either of the following:
(a) If the voter's vote by mail ballot envelope is missing a
signature.
(b) How the voter can correct the missing signature.
SEC. 5. Section 4007 is added to the Elections Code, to read:
4007. (a) On or after January 1, 2020, the County of Los Angeles
may conduct any election as a vote center election if all of the
following apply:
(1) The county elections official complies with all the provisions
of subdivision (a) of Section 4005 that are not inconsistent with
this section.
(2) Every permanent vote by mail voter receives a ballot.
(3) 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 permanent vote by
mail 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.
(4) Within the jurisdiction where the election is held, at least
one vote center is provided for each city that has at least 1,000
registered voters according to the official report of registration
submitted by the county elections official to the Secretary of State
before the last general election.
(5) 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
7,500 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 7,500 registered voters on each
day.
(6) Beginning 10 days before the day of the election and
continuing up to and including the fourth day before the day of the
election, for a minimum of eight hours per day, at least one vote
center is provided for every 30,000 registered voters within the
jurisdiction where the election is held, as determined on the 88th
day before the election.
(7) Precincts with fewer than 500 registered voters are designated
as all vote-by-mail ballot precincts.
(8) Voters residing in a legislative or congressional district
that lies partially within the County of Los Angeles and that also
lies within another county that is conducting an election pursuant to
subdivision (a) of Section 4005 receive a vote by mail ballot if
they are eligible to vote in that election.
(9) Voters in a precinct that is either more than a 30 minute
travel time from a vote center or in which the polling place in the
most recent statewide general election is more than 15 miles from the
nearest vote center are mailed a vote by mail ballot.
(10) The vote centers are located within a reasonable travel time
of registered voters.
(11) The county elections official conducts a service area
analysis of the vote center plans, identifies services gaps, and
publicly reports those findings.
(b) Notwithstanding Section 4000 or any other law, on or after
January 1, 2020, the County of Los Angeles may conduct a special
election as an all-mailed ballot election pursuant to subdivision (b)
of Section 4005.
(c) No later than four years after conducting the first vote
center election pursuant to this section, the County of Los Angeles
may conduct all-mailed ballot elections pursuant to Section 4005 and
shall not conduct vote center elections pursuant to this section.
SEC. 6. Section 4008 is added to the Elections Code, to read:
4008. (a) The Secretary of State shall establish a taskforce that
includes representatives of all of the following:
(1) County elections officials.
(2) Individuals with demonstrated language accessibility
experience for languages covered under the federal Voting Rights Act
of 1965 (52 U.S.C. Sec. 10101 et seq.).
(3) The disability community and community organizations and
individuals that advocate on behalf of, or provide services to,
individuals with disabilities.
(4) Experts with demonstrated experience in the field of
elections.
(b) The taskforce shall review elections conducted pursuant to
Section 4005 or 4007 and provide comments and recommendations to the
Legislature within six months of each election conducted pursuant to
Section 4005 or 4007.
(c) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 7. Section 15320 of the Elections Code is amended to read:
15320. Vote by mail ballots and mail ballot precinct ballots
returned to the elections office and to the polls on election day
that are not included in the semifinal official canvass phase of the
election, including any ballots returned to another jurisdiction in
the state and forwarded to the elections official who issued the
ballot pursuant to Section 3017, shall be processed and counted
during the official canvass in the manner prescribed by Chapter 2
(commencing with Section 15100) and pursuant to the requirements of
Section 3019.
SEC. 8. Section 2.5 of this bill incorporates amendments to
Section 3017 of the Elections Code proposed by both this bill and
Assembly Bill 1921. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 3017 of the Elections Code, and (3) this
bill is enacted after Assembly Bill 1921, in which case Section 2 of
this bill shall not become operative.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
