BILL NUMBER: AB 1535 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 13, 2015
AMENDED IN SENATE JUNE 30, 2015
INTRODUCED BY Committee on Elections and Redistricting (Assembly
Members Ridley-Thomas (Chair), Gatto, Gordon, Mullin, and Perea)
MARCH 25, 2015
An act to amend Sections 103, 3106, 4108, 9602, 10404, 10505, and
11303 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1535, as amended, Committee on Elections and Redistricting.
Elections.
Existing law authorizes a voter who has signed an initiative,
referendum, or recall petition to remove his or her name from the
petition by filing a written request to do so with the appropriate
county elections official prior to the day the petition is filed.
This bill would require the written request filed with the
elections official to include the voter's name, residence address,
and signature.
Existing law sets forth procedures for voting by military or
overseas voters, as defined, and permits a military or overseas voter
to return his or her ballot by facsimile transmission, accompanied
by an oath of voter declaration that includes the voter's signature.
Existing law prescribes the contents of the oath of voter declaration
and requires, among other things, the voter to provide his or her
current mailing address.
The bill would modify the oath of voter declaration form to
indicate that the residence address is the last U.S. residence for
voter qualification purposes.
Existing law permits a district to conduct an election by
all-mailed ballots. Existing law also permits political subdivisions
to consolidate their elections in certain circumstances.
The bill would permit a district conducting an election by
all-mailed ballots to consolidate its election with one or more other
political subdivisions that are also conducting their elections
wholly by mail, if certain conditions are satisfied.
Existing law permits the governing body of a special district to
consolidate its elections of governing body members in November of
odd-numbered years with the statewide general election.
The bill would expand that authorization to special district
elections of governing body members in any month of odd-numbered
years.
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 103 of the Elections Code is amended to read:
103. A voter who has signed an initiative, referendum, or recall
petition pursuant to the Constitution or laws of this state shall
have his or her signature withdrawn from the petition upon filing a
written request that includes the voter's name, residence address,
and signature with the appropriate county elections official or city
elections official prior to the day the petition is filed. A written
request made under this section shall not constitute a petition or
paper for purposes of Section 104.
SEC. 2. Section 3106 of the Elections Code is amended to read:
3106. (a) A military or overseas voter who is living outside of
the territorial limits of the United States or the District of
Columbia, or is called for military service within the United States
on or after the final date to make application for a vote by mail
ballot, may return his or her ballot by facsimile transmission. To be
counted, the ballot returned by facsimile transmission shall be
received by the voter's elections official no later than the closing
of the polls on election day and shall be accompanied by an
identification envelope containing all of the information required by
Section 3011 and an oath of voter declaration in substantially the
following form:
""OATH OF VOTER
I,________, acknowledge that by returning my voted
ballot by facsimile transmission I have waived my
right to have my ballot
kept secret. Nevertheless, I understand that, as
with any vote by mail
voter, my signature, whether on this oath of
voter form or my identification
envelope, will be permanently separated from my
voted ballot to maintain
its secrecy at the outset of the tabulation
process and thereafter.
My residence address (last U.S. residence for
voter qualification purposes) is________
(Street
____________________________.
Address) (City) (ZIP Code)
My current mailing address is________
(Street
___________________________.
Address) (City) (ZIP Code)
My email address is _________________. My
facsimile
transmission
number is _________________.
I am a resident of __________ County, State of
California, or am qualified
as an elector pursuant to paragraph (2) of
subdivision (b) of Section 321 of
the Elections Code and I have not applied, nor
intend to apply, for a vote by
mail ballot from any other jurisdiction for the
same election.
I declare under penalty of perjury under the laws
of the State of California that the foregoing is
true and correct.
Dated this __________ day of ______, 20_____.
(Signature)_______________________________________
(voter) (power of attorney cannot
be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN
THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT
AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE
RETURNED
BY FACSIMILE TRANSMISSION.''
(b) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a ballot returned by facsimile transmission,
the elections official shall determine the voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration or any signature
permitted for comparison under Section 3019. The ballot shall be
duplicated and all materials preserved according to procedures set
forth in this code.
(d) Notwithstanding subdivision (a), a military or overseas voter
who is permitted to return his or her ballot by facsimile
transmission is, nonetheless, encouraged to return his or her ballot
by mail or in person if possible. A military or overseas voter should
return a ballot by facsimile transmission only if doing so is
necessary for the ballot to be received before the close of polls on
election day.
SEC. 3. Section 4108 of the Elections Code is amended to read:
4108. (a) Notwithstanding any other provisions of
law and regardless of the number of eligible voters within
its boundaries a district may, by resolution of its governing board,
conduct any election by all-mailed ballots pursuant to Division 4
(commencing with Section 4000).
(b) (1) A district conducting an election by all-mailed ballots
may consolidate its election with the election of one or more other
legislative or congressional districts, public districts, cities,
counties, or other political subdivisions if all of the elections to
be consolidated will be:
(A) Held on the same day.
(B) Held in the same territory or in a territory that is in part
the same.
(C) Conducted wholly by mail.
(2) A district consolidating its election pursuant to subdivision
(a) shall order the consolidation pursuant to Section 10400.
(3) A district election that is consolidated with an all-mailed
ballot election for a legislative or congressional district shall
also comply with any additional statutory requirements that apply to
the all-mailed ballot election for that legislative or congressional
district.
(c) An election conducted pursuant to this section shall be held
on a date prescribed in Section 1500 or on any other date other than
an established election date.
SEC. 4. Section 9602 of the Elections Code is amended to read:
9602. A voter who has signed an initiative or referendum
petition, and who subsequently wishes his or her name withdrawn, may
do so by filing a written request for the withdrawal with the
appropriate elections official that includes the voter's name,
residence address, and signature. This request shall be filed in the
elections official's office prior to the date the petition is filed.
A written request made under this section shall not constitute a
petition or paper for purposes of Section 104.
SEC. 5. Section 10404 of the Elections Code is amended to read:
10404. (a) This section applies only to special districts
electing members of the governing body in odd-numbered years. As used
in this section, "special district" means an agency of the state
formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries, except a city, county, city and county, school or
community college district, or special assessment district.
(b) Notwithstanding any other provision of law,
a governing body of a special district may, by resolution, require
that its elections of governing body members be held on the same day
as the statewide general election.
(1) The resolution setting the election shall also include dates
that are consistent with the primary or general election with respect
to nominations, notices, canvass of votes, certification of
election, and all other procedural requirements of this code
pertaining to the primary or general election.
(2) The resolution shall be submitted to the board of supervisors
no later than 240 days prior to the date of the currently scheduled
district election.
(c) The board of supervisors shall notify all districts located in
the county of the receipt of the resolution to consolidate and shall
request input from each district on the effect of consolidation.
(d) The elections official shall prepare and transmit to the board
of supervisors an impact analysis of the proposed consolidation.
(e) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors shall each obtain from
the elections official a report on the cost-effectiveness of the
proposed action.
(f) Within 30 days after the approval of the resolution, the
elections official shall notify all registered voters of the
districts affected by the consolidation of the approval of the
resolution by the board of supervisors. The notice shall be delivered
by mail and at the expense of the district.
(g) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(h) If a special district is located in more than one county, the
special district may not consolidate an election if any county in
which the special district is located denies the request for
consolidation.
(i) If, pursuant to subdivision (b), a special district election
is held on the same day as the statewide general election, those
governing body members whose terms of office would have, prior to the
adoption of the resolution, expired prior to that election shall,
instead, continue in their offices until their successors are elected
and qualified, but in no event shall the term be extended beyond
December 31 of the year following the year in which the request for
consolidation is approved by the board of supervisors.
(j) If a board of supervisors approves the resolution pursuant to
subdivision (e), the special district election shall be conducted on
the date specified by the board of supervisors, in accordance with
subdivision (a), unless the approval is later rescinded by the board
of supervisors.
(k) If the date of a special district election is changed pursuant
to this section, at least one election shall be held before the
resolution, as approved by the board of supervisors, may be
subsequently repealed or amended.
SEC. 6. Section 10505 of the Elections Code is amended to read:
10505. The terms of office of elective officers in all new
districts shall be determined as follows:
(a) If the district is formed in an odd-numbered year, the
officers elected at the formation election shall hold office until
noon on the first Friday in December of the next following
odd-numbered year, provided officers elected at an election held on
the first Tuesday after the first Monday in November shall hold
office as provided in subdivision (c).
(b) If the district is formed in an even-numbered year, the
officers elected at the formation election shall hold office until
noon on the first Friday in December of the second next following
odd-numbered year.
(c) The directors elected at the first general district election
held in a district and at a formation election held at the same time
as the general district election shall meet as soon as practicable
after taking office and classify themselves by lot into two classes,
as nearly equal in number as possible, and the terms of office of the
class having the greater number shall be four years and the terms of
office of the class having the lesser number shall be two years. All
other elective officers elected at the election shall hold office
for a term of four years or until their successor is elected and
qualifies.
(d) Pursuant to Section 10404, a special district electing members
of the governing body in odd-numbered years may, by resolution,
require that its elections of governing body members be held on the
same day as the statewide general election.
SEC. 7. Section 11303 of the Elections Code is amended to read:
11303. A voter who has signed a recall petition shall have his or
her signature withdrawn from the petition upon filing a written
request that includes the voter's name, residence address, and
signature with the elections official prior to the day the petition
section bearing the voter's signature is filed. A written request
made under this section shall not constitute a petition or paper for
purposes of Section 104.