AB 1535: Elections.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-10
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 voters 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 voters 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.
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 voters 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 voters 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.
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 voters 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 voters 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.
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 voters 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 voters 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.
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 voters name, residence address, and signature.
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 voters 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 voters 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. | |
| |
| |
| |
| |
| |
| |
| |
(voter)(power of attorney cannot be accepted) | |
|
(b)Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 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 voters name, residence address, and signature. This request shall be filed in the elections officials 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 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 voters name, residence address, and signature with the elections official prior to the day the petition section bearing the voters signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.
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 voters 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 voters 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. | |
| |
| |
| |
| |
| |
| |
| |
(voter)(power of attorney cannot be accepted) | |
|
(b)Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 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 voters name, residence address, and signature. This request shall be filed in the elections officials 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 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 voters name, residence address, and signature with the elections official prior to the day the petition section bearing the voters signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.
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 voters 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 voters 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. | |
| |
| |
| |
| |
| |
| |
| |
(voter)(power of attorney cannot be accepted) | |
|
(b)Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 voters name, residence address, and signature. This request shall be filed in the elections officials 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 voters name, residence address, and signature with the elections official prior to the day the petition section bearing the voters signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.
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 voters 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 voters 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. | |
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(voter)(power of attorney cannot be accepted) | |
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(b)Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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.
An
(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. 2.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 voters name, residence address, and signature. This request shall be filed in the elections officials 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 November of 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 the Elections Code 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. 3.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 voters name, residence address, and signature with the elections official prior to the day the petition section bearing the voters signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.
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 therefor that includes the voters 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 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 voters name, residence address, and signature. This request shall be filed in the elections officials 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. 3.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 therefor that includes the voters name, residence address, and signature with the elections official prior to the day the petition section bearing the voters signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.
|
Date
|
Status
|
|---|---|
| Jul 9, 2015 | From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (July 7). |
| Oct 10, 2015 | Chaptered by Secretary of State - Chapter 731, Statutes of 2015. |
| Oct 10, 2015 | Approved by the Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3085.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2612.). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Jul 13, 2015 | Read second time and amended. Ordered to third reading. |
| Mar 25, 2015 | Read first time. To print. |
| Jun 30, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 24, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 4, 2015 | Referred to Com. on E. & C.A. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1560.) |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 13). |
| Apr 6, 2015 | Referred to Com. on E. & R. |
| Mar 26, 2015 | From printer. May be heard in committee April 25. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 1535 E. & R. Concurrence in Senate Amendments By RIDLEY-THOMAS | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB1535 Committee On E.&R.(Ridley-Thomas) By Allen | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass as amended | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 22, 2015 | AB 1535 E. & R. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Sep 9, 2015 |
| California Special Districts Association | ** Support | Sep 9, 2015 |
AB 1535
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1535
(Committee on Elections and Redistricting)
As Amended July 13, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
Original Committee Reference: E. & R.
SUMMARY: Requires a voter who has signed an initiative, referendum, or recall petition, and who subsequently wishes to withdraw his or her name from the petition, to file a written request with the appropriate county elections official that includes the voter's name, residence address, and signature, as specified.
The Senate amendments:
Clarify that the residence address required on the oath of voter that a military or overseas voter is required to include when returning his or her ballot by facsimile transmission is the last United States (U.S.) residence for voting qualification purposes.
Allow a district conducting an all-mail ballot election to consolidate its election with the election of one or more legislative or congressional districts, public districts, cities, counties, or other political subdivisions, if all of the elections to be consolidated are:
Held on the same day;
Held in the same territory, or in a territory that is in part the same; and,
Conducted wholly by mail.
Clarify that a district election that is consolidated with an all-mailed ballot election for a legislative or congressional district must comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district.
Permit any special district general election conducted to elect members of the governing board held in odd-numbered years to be moved to even-numbered years and consolidated with the date of a statewide general election.
Make other technical and conforming changes.
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 with the appropriate county elections official prior to the day the petition is filed.
Allows a military or overseas voter who is temporarily living outside of the U.S. to return his or her ballot by facsimile transmission. Requires the ballot returned by facsimile transmission to be received by the voter's elections official no later than the closing of the polls on Election Day and be accompanied with an identification envelope containing various information, including an oath of voter declaration.
Authorizes a special district, by resolution of its governing board, to conduct any election as an all-mailed ballot election, as specified.
Provides that whenever two or more elections, including bond elections, or any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, may be consolidated upon the order of the governing body or bodies calling the elections.
Requires general elections held to elect members of the governing board of a special district to be held on the first Tuesday after the first Monday in November of each odd-numbered year, unless the principal act of the district provides for the general district election to be held on a different established election date, or on an established mailed ballot election date, as specified.
Permits a special district election for electing the governing board of the special district held in November of odd-numbered years to be moved to even-numbered years and consolidated with the statewide general election, as specified.
AS PASSED BY THE ASSEMBLY, this bill was similar to the version approved by the Senate, except that it adds more clarifying and technical changes to other provisions of the Elections Code.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "This is one of the Assembly Elections & Redistricting Committee's omnibus bills, containing various minor and technical changes to provisions of the Elections Code. All of the provisions of this bill are either changes requested by the California Association of Clerks and Election Officials or the California Special Districts Association."
The Senate amendments were adopted to make clarifying and technical changes to other provisions of the Elections Code. The first amendment clarifies that the residence address required on the oath of voter that a military or overseas voter is required to include when returning his or her ballot by facsimile transmission is the last U.S. residence for voting qualification purposes. Current state law allows a military or overseas voter to return his or her ballot by facsimile transmission, however, for the ballot to be counted, existing law requires the ballot to be received by the voter's elections official no later than the closing of the polls on election day and be accompanied with an identification envelope containing various information, including an oath of voter declaration. The oath of voter requires the voter to waive his or her right to have his or her ballot kept secret and requires the voter to affix his or her signature, residence address, current mailing address, email, and date, among other information. According to the county elections officials, however, there is confusion as to what residence address must be provided when completing the oath of voter and some military or overseas voters provide the residence address where they are stationed, instead of providing the address of his or her last residence in the U.S. that is used for voting purposes. This amendment will reduce the opportunity for error in completing the oath of voter for military and overseas voters.
The second amendment permits a district conducting an all-mail ballot election to consolidate its election with the election of one or more legislative or congressional districts, public districts, cities, counties, or other political subdivisions if all of the elections to be consolidated are: 1) held on the same day; 2) held in the same territory, or in a territory that is in part the same; and 3) conducted wholly by mail. In addition, this bill clarifies that a district election that is consolidated with an all-mailed ballot election for a legislative or congressional district must comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district. This amendment is necessary as it is unclear under existing law whether a district conducting an all-mail ballot election may consolidate its election with another political subdivision that is also conducting its election by mail in the same or part of the same territory. As a result, some jurisdictions that overlap are not consolidating their elections and are instead conducting standalone elections. This amendment will reduce election costs and bring clarity to current law.
The third amendment permits any special district general election conducted to elect members of the governing board held in an odd-numbered year to be moved to even-numbered years and consolidated with the date of a statewide general election, instead of only permitting a special district that conducts its governing board election in November of odd-numbered years to be moved to even-numbered years and consolidated with the statewide general election. This will reduce election costs and provide flexibility to those special districts that conduct their elections during other times of the year.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001235
AB 1535
Page 4
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1535
Author: Committee on Elections and Redistricting
Amended: 7/13/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
SOURCE: California Association of Clerks and Election Officials
California Special Districts Association
DIGEST: This bill is the committee omnibus bill that does the following: (1) updates the written request to remove a voter’s name from a petition by requiring it to include the voter’s name, residence address, and signature; (2) clarifies, for military or overseas voters, the residence address required on the oath of voter; (3) permits a district conducting an all-mail ballot election to consolidate under specific circumstances; and (4) permits any special district general election conducted to elect members of the governing board in an odd-numbered year to be moved to even-numbered years as specified.
Existing law:
Allows a military or overseas voter who is living outside of the territorial limits of the United States (U.S.) or the District of Columbia, or is called for military service within the U.S. on or after the final date to make application for a vote by mail ballot and to return his or her ballot by facsimile (fax) transmission. To be counted, the ballot returned by fax 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 as specified, and an oath of voter declaration, as specified.
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 with the appropriate county elections official prior to the day the petition is filed.
Allows, regardless of the number of eligible voters within its boundaries a district to, by resolution of its governing board, conduct any election by all-mailed ballots and requires these elections to be held on the following dates:
The first Tuesday after the first Monday in May of each year.
The first Tuesday after the first Monday in March of each even-numbered year.
The last Tuesday in August of each year.
Defines “special district” as 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.
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.
This bill:
Requires a voter who has signed an initiative, referendum, or recall petition, and who subsequently wishes to withdraw his or her name from the petition, to file a written request with the appropriate county elections official that includes the voter’s name, residence address, and signature, as specified.
Clarifies that the residence address required on the oath of voter is the last U.S. residence for voting qualification purposes.
Provides 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:
Held on the same day.
Held in the same territory or in a territory that is in part the same.
Conducted wholly by mail.
A district consolidating its election shall order the consolidation pursuant to existing law.
Permits the governing body of a special district to consolidate its elections of governing body members in any month (not just November) of odd-numbered years with the statewide general election.
Requires a district election that is consolidated with an all-mailed ballot election for a legislative or congressional district also comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district.
Makes other technical and conforming changes.
Background
Special districts. Existing law authorizes a special district, by resolution of its governing board to conduct any election as an all-mail ballot election, and also provides that whenever two or more elections, including bond elections, or any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, may be consolidated upon the order of the governing body or bodies calling the elections.
Existing law requires general elections held to elect members of the governing board of a special district to be held on the first Tuesday after the first Monday in November of each odd-numbered year, unless the principal act of the district provides for the general district election to be held on a different established election date, or on an established mailed ballot election date, as specified. A special district is allowed to adopt a resolution requiring its general district election to be held on the same day as the statewide general election, upon approval of the county board of supervisors. While in general, many special districts hold their governing board elections in November, others conduct their elections in March, April, May, and even in August.
Comments
According to the author, this is one of the Assembly Elections and Redistricting Committee’s omnibus bills, containing various minor and technical changes to provisions of the Elections Code. All of the provisions of this bill are either changes requested by the California Association of Clerks and Election Officials or the California Special Districts Association.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Association of Clerks and Election Officials (co-source)
California Special Districts Association (co-source)
OPPOSITION: (Verified 7/13/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O’Donnell, Olsen, Waldron, Weber
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
7/14/15 12:22:19
AB 1535 (Committee on Elections and Redistricting) Page 3 of 3
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 1535 Hearing Date: 7/7/15
Author: |
Committee on Elections and Redistricting |
||
Version: |
6/30/15 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Frances Tibon Estoista |
||
Subject: Elections
DIGEST
Committee omnibus bill that does the following: Updates the written request to remove a voter's name from a petition by requiring it to include the voter's name, residence address, and signature; clarifies, for military or overseas voters, the residence address required on the oath of voter; permits a district conducting an all-mail ballot election to consolidate under specific circumstances; and permits any special district general election conducted to elect members of the governing board in an odd-numbered year to be moved to even-numbered years as specified.
ANALYSIS
Existing law:
Allows a military or overseas voter who is living outside of the territorial limits of the United States (U.S.) or the District of Columbia, or is called for military service within the U.S. on or after the final date to make application for a vote by mail ballot and to return his or her ballot by facsimile (fax) transmission. To be counted, the ballot returned by fax 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 as specified, and an oath of voter declaration, as specified:
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 with the appropriate county elections official prior to the day the petition is filed.
Allows, regardless of the number of eligible voters within its boundaries a district to, by resolution of its governing board, conduct any election by all-mailed ballots and requires these elections to be held on the following dates:
The first Tuesday after the first Monday in May of each year.
The first Tuesday after the first Monday in March of each even-numbered year.
The last Tuesday in August of each year.
Defines “special district” as 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.
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.
This bill:
Requires a voter who has signed an initiative, referendum, or recall petition, and who subsequently wishes to withdraw his or her name from the petition, to file a written request with the appropriate county elections official that includes the voter's name, residence address, and signature, as specified.
Clarifies that the residence address required on the oath of voter is the last U.S. residence for voting qualification purposes.
Provides 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:
Held on the same day.
Held in the same territory or in a territory that is in part the same.
Conducted wholly by mail.
A district consolidating its election pursuant to shall order the consolidation.
Permits the governing body of a special district to consolidate its elections of governing body members in any month (not just November) of odd-numbered years with the statewide general election.
Makes other technical and conforming changes.
BACKGROUND
Special Districts: Existing law authorizes a special district, by resolution of its governing board to conduct any election as an all-mail ballot election, and also provides that whenever two or more elections, including bond elections, or any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, may be consolidated upon the order of the governing body or bodies calling the elections.
Existing law requires general elections held to elect members of the governing board of a special district to be held on the first Tuesday after the first Monday in November of each odd-numbered year, unless the principal act of the district provides for the general district election to be held on a different established election date, or on an established mailed ballot election date, as specified. A special district is allowed to adopt a resolution requiring its general district election to be held on the same day as the statewide general election, upon approval of the county board of supervisors. While in general, many special districts hold their governing board elections in November, others conduct their elections in March, April, May, and even in August.
COMMENTS
According to the author: This is one of the Assembly Elections & Redistricting Committee’s omnibus bills, containing various minor and technical changes to provisions of the Elections Code. All of the provisions of this bill are either changes requested by the California Association of Clerks and Election Officials or the California Special Districts Association.
Suggested Amendment. This bill would permit a district conducting an all-mailed ballot election to consolidate that election with one or more other political subdivisions that are also conducting their elections wholly by mail on the same day, including legislative or congressional districts. However, under existing law, only San Diego County, pursuant to a pilot project that sunsets January 1, 2020, may conduct an election to fill a vacancy in the Legislature or in Congress wholly by mailed ballot. In so doing, San Diego County must abide by a lengthy list of conditions that do not apply to other all mail ballot elections currently permitted in other types of jurisdictions. Committee staff therefore suggests that this bill be amended to clarify that if an all-mail district election is consolidated with an all-mail election that includes a legislative or congressional seat, the district election shall comply with any conditions required for that legislative or congressional election.
PRIOR ACTION
Assembly Floor: |
74 - 0 |
Assembly Elections and Redistricting Committee: |
7 - 0 |
POSITIONS
Sponsor: California Association of Clerks and Election Officials
California Special Districts Association
Support: None received
Oppose: None received
-- END --
AB 1535
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 1535
(Committee on Elections and Redistricting) – As Introduced March 25, 2015
SUBJECT: Elections: petitions.
SUMMARY: Requires a voter who has signed an initiative, referendum, or recall petition, and who subsequently wishes to withdraw his or her name from the petition, to file a written request with the appropriate county elections official that includes the voter's name, residence address, and signature, as specified.
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 with the appropriate county elections official prior to the day the petition is filed.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Purpose of this Bill: This is one of the Assembly Elections and Redistricting Committee's omnibus bills, containing minor and technical changes to provisions of the Elections Code. All of the provisions of this bill are changes requested by the California Association of Clerks and Election Officials.
Signature Petition Withdrawal: Current 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 with the appropriate county elections official prior to the day the petition is filed. However, current law does not specify what information should be included on the written withdrawal request filed with the county elections official. Consequently, it is difficult and time consuming for county elections officials to confirm the correct voter who filed the withdrawal request.
In an effort to help resolve this issue, this bill requires the written request to remove a voter's name from a petition to include the voter's name, residence address, and signature. Requiring the written withdrawal request to include these pieces of information will make the process more efficient and help county elections officials more easily match the voter with his or her withdrawal request and take the appropriate steps to process the form.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
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