BILL NUMBER: SB 163 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
INTRODUCED BY Senator Hertzberg
FEBRUARY 4, 2015
An act to add Section 3000.5 to the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 163, as amended, Hertzberg. Elections: vote by mail ballot.
Existing law requires the vote by mail ballot to be available to
any registered voter and requires an application for a vote by mail
voter's ballot to be made in writing to the elections official having
jurisdiction over the election between certain days before the
election.
This bill, notwithstanding any other law, would require county
elections officials to issue a vote by mail ballot to every
registered voter in the county for statewide primary, special, and
general elections. The bill would include findings and declarations
related to vote by mail ballots. By requiring county elections
officials to issue a vote by mail ballot to every registered voter,
the bill would impose a state-mandated local program.
This bill would establish, until January 1, 2019, a vote by mail
pilot program in the County of Los Angeles for statewide elections.
The bill would require, as part of the pilot program, that the county
elections official issue a vote by mail ballot to each registered
voter for a qualifying election. The bill would also require the
elections official, among other things, to engage in voter education
efforts to increase voter awareness of the pilot program and to
report on the voter turnout for qualifying elections to the Secretary
of State and the Legislature on or before December 31, 2018.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3000.5 is added to the
Elections Code , to read:
3000.5. (a) A vote by mail pilot program shall be established in
the County of Los Angeles for any statewide election held between
January 1, 2017, and December 31, 2018, inclusive.
(b) Notwithstanding Section 3001, the elections official for the
County of Los Angeles, in conjunction with the Secretary of State,
shall issue a vote by mail ballot to each registered voter in that
county for any statewide election held during the period specified in
subdivision (a).
(c) Notwithstanding any other law, each of the following shall
apply to the vote by mail pilot program with respect to a statewide
election held during the period specified in subdivision (a):
(1) The elections official is authorized to mail the vote by mail
ballots together with other election materials issued by the county
to reduce overall mailing expenses.
(2) The elections official shall consider reducing or
consolidating precincts in anticipation of a reduction in the number
of voters who vote at precinct polling places, subject to the
requirements of Sections 12223 and 12241.
(3) The elections official is deemed to comply with the
requirements of Section 14102 if the number of official ballots
provided to each precinct is not less than 50 percent of registered
voters in the precinct.
(4) The elections official shall engage in voter education efforts
to increase voter awareness of the vote by mail pilot program. As
part of the voter education efforts, voters shall be encouraged, if
they intend to vote at a polling place, to bring their vote by mail
ballot to the polling place to streamline their voting process.
(5) In addition to any other reporting requirements required by
law, the elections official shall report on the voter turnout for the
County of Los Angeles for any qualifying statewide election
described in subdivision (a) to the Secretary of State and to the
Legislature, in the manner provided by Section 9795 of the Government
Code, on or before December 31, 2018.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. 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.
SECTION 1. The Legislature finds and declares
all of the following:
(a) In maintaining a healthy democracy in California, it is
important to encourage and ensure that the residents of the state
have the tools needed to participate in every election.
(b) On average, in California counties 46.2 percent of voters
receive their ballots by mail.
(c) Recent studies show that registered voters who automatically
receive their ballots by mail are more likely to vote.
(d) Broadening the ability of California residents to engage in
the democratic process will yield more representative election
results and will ensure that the voices of more California residents
are heard.
SEC. 2. Section 3000.5 is added to the
Elections Code, to read:
3000.5. Notwithstanding any other law, a county elections
official shall issue a vote by mail ballot to every registered voter
in the county for statewide primary, special, and general elections.
The distribution of vote by mail ballots to all registered voters
shall not prevent registered voters from exercising their right to
vote at their designated precinct polling locations.
SEC. 3. 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.