Existing law, the California Voters Choice Act, authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.

Existing law requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.

This bill would extend this requirement to vote centers.

Existing law authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices.

This bill would authorize school buildings or other public buildings to also be used as vote centers beginning up to ten days before the election and continuing through election day. The bill would require an elections official requesting the use of a public building to include a list of the buildings from which the use of a building for polling places or vote centers is needed, and would require that request to be made sufficiently before election day for the governing body to adequately plan for the public buildings use as a polling place or vote center. The bill would define public building as a building owned or controlled by a city, county, or other local governmental agency.

Existing law, the California Voters Choice Act, authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.

Existing law requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.

This bill would extend this requirement to vote centers.

Existing law authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices.

This bill would authorize school buildings or other public buildings to also be used as vote centers beginning up to ten days before the election and continuing through election day. The bill would require an elections official requesting the use of a public building to include a list of the buildings from which the use of a building for polling places or vote centers is needed, and would require that request to be made sufficiently before election day for the governing body to adequately plan for the public buildings use as a polling place or vote center. The bill would define public building as a building owned or controlled by a city, county, or other local governmental agency.

Existing law, the California Voters Choice Act, authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.

Existing law requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.

This bill would extend this requirement to vote centers.

Existing law authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices.

This bill would authorize school buildings or other public buildings to also be used as vote centers beginning up to ten days before the election and continuing through election day. The bill would require an elections official requesting the use of a public building to include a list of the buildings from which the use of a building for polling places or vote centers is needed, and would require that request to be made sufficiently before election day for the governing body to adequately plan for the public buildings use as a polling place or vote center. The bill would define public building as a building owned or controlled by a city, county, or other local governmental agency.

Existing law, the California Voters Choice Act, authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.

Existing law requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.

This bill would extend this requirement to vote centers.

Existing law, the California Voters Choice Act, authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.

Existing law requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.

This bill would extend this requirement to vote centers.

 THIRD READING  

Bill No: AB 2540

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/19/18

AYES: Stern, Anderson, Allen, Hertzberg, Leyva

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires a governing body with jurisdiction over school buildings or other public buildings to allow those buildings to be used as vote centers beginning up to 10 days prior to an election day, as specified.

ANALYSIS:

Existing law:

1. Defines a polling place to mean a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. Provides that a polling place may serve more than one precinct.
2. Authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election, pursuant to the California Voter’s Choice Act (CVCA), if certain conditions are met, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.
3. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.
4. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices. Provides that if a city or county elections official specifically requests the use of a school building for polling places, the governing body having jurisdiction over the particular school building shall allow its use for the purpose requested.
5. Permits the governing body when allowing use of a school building for polling places to do any of the following:
   1. Continue school in session, provided that the governing body shall identify to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places.
   2. Designate the day for staff training and development.
   3. Close the school to students and nonclassified employees. Classified employees are those so defined by Section 41401 of the Education Code.
6. Requires the elections official to undertake necessary measures when locating polling places to ensure that polling places meet the guidelines promulgated by the Secretary of State for accessibility by the physically handicapped.
7. Requires, pursuant to the federal Help America Vote Act (HAVA) of 2002, that voting systems used in an election for federal office be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

This bill:

1. Defines "public building" to mean a building owned or controlled by a city, county, or other local government agency.
2. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used as vote centers, in addition to polling places, and provides that the building may serve as a vote center beginning up to 10 days before the election and continuing through the day of the election.
3. Requires the governing body having jurisdiction over a school building or public building, if an elections official specifically requests the use of the building, to allow for the school or building to be used as a vote center beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for dropoff, set-up, and pick-up of election materials, as determined by the elections official.
4. Requires an elections official requesting the use of a public building to include in his or her request a list of the buildings for which the use of a building for polling places or vote centers is needed. Requires the request to be made sufficiently before Election Day for the governing body of the city, county, or other local government agency to adequately plan for the public building’s use as a polling place or vote center.
5. Requires the district administrator of a building used as a polling place or a vote center to make the building parking available at no charge to the precinct or vote center board and voters beginning 10 days before the election and continuing through the day of the election, if requested by the elections official.
6. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as vote centers, in addition to polling places.
7. Deletes provisions of law that require a school administrator to make a reasonable effort to ensure that a school building used as a polling place is accessible to the handicapped and instead requires a public building, including, but not limited to, a building operated by a school district, that is used as a polling place or a vote center to comply with existing state accessibility requirements, the federal Americans with Disabilities Act (ADA) of 1990, HAVA, and the federal Voting Rights Act of 1965.
8. Makes other technical and conforming changes.

Background

California Voter’s Choice Act. In 2016, the Legislature passed and the Governor signed SB 450 (Allen, Chapter 832, Statutes of 2016), which enacted the CVCA. Beginning in 2018, the CVCA permitted 14 specified counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under the CVCA for the 2018 primary election. The remaining counties may use this system beginning in 2020.

Specifically, under the CVCA, current law requires, for regularly scheduled elections, one vote center for every 50,000 registered voters from the 10th day to the fourth day prior to the election, and one vote center for every 10,000 registered voters from the third day prior to the election through Election Day, with no fewer than two vote centers. For special elections, current law requires one vote center for every 60,000 registered voters from the 10th day to the day prior to the election, and one vote center for every 30,000 registered voters on Election Day, as specified.

The CVCA also permitted Los Angeles County, beginning January 1, 2020, to conduct elections subject to the same conditions that are generally applicable above, except that the County is not required to mail a ballot to every voter and the County must provide, for regularly scheduled elections, one vote center for every 30,000 registered voters from the 10th day to the fourth day prior to the election, and one vote center for every 7,500 registered voters from the third day prior to the election through Election Day. Additionally, Los Angeles County is required to provide at least one vote center in each city that has at least 1,000 registered voters, as specified.

Current law requires vote centers to be open for specified minimum hours of operation, and requires that a voter be able to return his or her vote by mail ballot, register to vote or update voter registration, receive and vote a provisional ballot, receive a replacement ballot, or vote using accessible voting equipment at a vote center. Additionally, existing law requires a vote center to be accessible to voters with disabilities and provide language assistance consistent with current state and federal law.

According to background materials provided by the author, due to the length of time and the number of voting centers required under CVCA for early voting, elections officials in counties conducting elections under CVCA may face challenges securing enough locations to serve as vote centers. This bill will help address this problem by requiring schools and public buildings to serve as vote centers if an elections official specifically requests the use of the building. AB 2540 also lengthens the time that a school or public building is required to be made available for use as a vote center, as specified.

Comments

According to the author, election officials have had difficulty securing vote centers in multiple counties as SB 450, the CVCA, is implemented. Because vote centers are required to be open longer than traditional polling places, some public facilities have shown reluctance when they are asked to serve as a vote center. It becomes problematic if elections officials do not have an adequate pool of facility options when it comes to securing vote centers. Public facilities, such as city halls, community centers, libraries, etc. will be affected by this proposal.

AB 2540 will clarify that public facilities are obligated to serve as vote centers at the request of county elections officials, provided that elections officials give the governing body sufficient and advanced notice before Election Day. As implementation of the CVCA in multiple counties continues, it is imperative that elections officials have adequate facility options when it comes to establishing vote centers. Utilizing public facilities as vote centers is a sensible option being that they are generally well-known locations throughout communities, ADA accessible, and equipped with the infrastructure necessary for electronic voting equipment. As more counties move away from traditional polling places and begin to establish vote centers, it is of the utmost importance that elections officials have the necessary resources to be able to facilitate this transition and provide voting access to Californians across the state.

Related/Prior Legislation

SB 450 (Allen, Chapter 832, Statutes of 2016) subject to certain conditions, permitted counties to conduct elections in which every voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election.

AB 1472 (Goldberg, Chapter 219, Statutes of 2003) required ways in which a governing board having jurisdiction over school buildings may comply with the process of a governing board to have school buildings available for use as polling places.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/6/18)

California Association of Clerks and Elections Officials

California Common Cause

California State Association of Counties

Disability Rights California

Los Angeles County Board of Supervisors

San Diego County Board of Supervisors

San Mateo County Board of Supervisors

OPPOSITION: (Verified 8/6/18)

None received

ASSEMBLY FLOOR: 75-0, 5/30/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Harper, Kiley

Prepared by:

8/7/18 17:18:41

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/19/18

Subject: State facilities and public buildings: vote centers and polling places

DIGEST

This bill requires a governing body with jurisdiction over school buildings or other public buildings to allow those buildings to be used as vote centers beginning up to ten days prior to an election day, as specified.

ANALYSIS

Existing law:

1. Defines a polling place to mean a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. Provides that a polling place may serve more than one precinct.
2. Authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election, pursuant to the California Voter’s Choice Act (CVCA), if certain conditions are met, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.
3. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.
4. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices. Provides that if a city or county elections official specifically requests the use of a school building for polling places, the governing body having jurisdiction over the particular school building shall allow its use for the purpose requested.
5. Permits the governing body when allowing use of a school building for polling places to do any of the following:
   1. Continue school in session, provided that the governing body shall identify to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places.
   2. Designate the day for staff training and development.
   3. Close the school to students and nonclassified employees. Classified employees are those so defined by Section 41401 of the Education Code.
6. Requires the elections official to undertake necessary measures when locating polling places to ensure that polling places meet the guidelines promulgated by the Secretary of State (SOS) for accessibility by the physically handicapped.
7. Requires, pursuant to the federal Help America Vote Act (HAVA) of 2002, that voting systems used in an election for federal office be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

This bill:

1. Defines "public building" to mean a building owned or controlled by a city, county, or other local government agency.
2. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used as vote centers, in addition to polling places, and provides that the building may serve as a vote center beginning up to ten days before the election and continuing through the day of the election.
3. Requires the governing body having jurisdiction over a school building or public building, if an elections official specifically requests the use of the building, to allow for the school or building to be used as a vote center beginning up to ten days before the election and continuing through election day, as well as during key dates necessary for dropoff, set-up, and pick-up of election materials, as determined by the elections official.
4. Requires an elections official requesting the use of a public building to include in his or her request a list of the buildings for which the use of a building for polling places or vote centers is needed. Requires the request to be made sufficiently before Election Day for the governing body of the city, county, or other local government agency to adequately plan for the public building’s use as a polling place or voter center.
5. Requires the district administrator of a building used as a polling place or a vote center to make the building parking available at no charge to the precinct or vote center board and voters beginning ten days before the election and continuing through the day of the election, if requested by the elections official.
6. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as vote centers, in addition to polling places.
7. Deletes provisions of law that require a school administrator to make a reasonable effort to ensure that a school building used as a polling place is accessible to the handicapped and instead requires a public building, including, but not limited to, a building operated by a school district, that is used as a polling place or a vote center to comply with existing state accessibility requirements, the federal Americans with Disabilities Act of 1990, HAVA, and the federal Voting Rights Act of 1965.
8. Makes other technical and conforming changes.

BACKGROUND

California Voter’s Choice Act. In 2016, the Legislature passed and the Governor signed SB 450 (Allen), Chapter 832, Statutes of 2016, which enacted the CVCA. Beginning in 2018, the CVCA permitted fourteen specified counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Five counties (Madera, Napa, Nevada, Sacramento, and San Mateo) conducted elections under the CVCA for the 2018 primary election. The remaining counties may use this system beginning in 2020.

Specifically, under the CVCA, current law requires, for regularly scheduled elections, one vote center for every 50,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 10,000 registered voters from the 3rd day prior to the election through Election Day, with no fewer than two vote centers. For special elections, current law requires one vote center for every 60,000 registered voters from the 10th day to the day prior to the election, and one vote center for every 30,000 registered voters on Election Day, as specified.

The CVCA also permitted Los Angeles County, beginning January 1, 2020, to conduct elections subject to the same conditions that are generally applicable above, except that the county is not required to mail a ballot to every voter and the county must provide, for regularly scheduled elections, one vote center for every 30,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 7,500 registered voters from the 3rd day prior to the election through Election Day. Additionally, Los Angeles County is required to provide at least one vote center in each city that has at least 1,000 registered voters, as specified.

Current law requires vote centers to be open for specified minimum hours of operation, and requires that a voter be able to return his or her vote by mail ballot, register to vote or update voter registration, receive and vote a provisional ballot, receive a replacement ballot, or vote using accessible voting equipment at a vote center. Additionally, existing law requires a vote center to be accessible to voters with disabilities and provide language assistance consistent with current state and federal law.

According to background materials provided by the author, due to the length of time and the number of voting centers required under CVCA for early voting, elections officials in counties conducting elections under CVCA may face challenges securing enough locations to serve as vote centers. This bill will help address this problem by requiring schools and public buildings to serve as vote centers if an elections official specifically requests the use of the building. AB 2540 also lengthens the time that a school or public building is required to be made available for use as a vote center, as specified.

COMMENTS

1. According to the author: According to election officials, some have had difficulty securing vote centers in multiple counties as SB 450, the California Voter’s Choice Act, is implemented this year. Because vote centers are required to be open longer than traditional polling places, some public facilities have shown reluctance when they are asked to serve as a vote center. It is problematic if elections officials do not have an adequate pool of facility options when it comes to securing vote centers. Public facilities, such as city halls, community centers, libraries, etc. will be affected by this proposal.

AB 2540 will clarify that public facilities are obligated to serve as vote centers at the request of county elections officials, provided that elections officials give the governing body sufficient advanced notice before Election Day. As the California Voter’s Choice Act is implemented in multiple counties this year, it is imperative that elections officials have adequate facility options when it comes to establishing vote centers. Utilizing public facilities as vote centers is a sensible option being that they are generally well-known locations throughout communities, they are ADA accessible, and are equipped with internet and Wi-Fi infrastructure necessary for electronic voting equipment. As more counties move away from traditional polling places and begin to establish vote centers, it is of the utmost importance that elections officials have the necessary resources to be able to facilitate this transition and provide voting access to Californians across the state.

1. Argument in Support: In support of AB 2540, the California Association of Clerks and Elections officials writes:

Current law authorizes a governing body with jurisdiction over school or public buildings to allow its buildings to be used for polling places on election day. With the enactment of the California Voter’s Choice Act (SB 450 Allen 2016), the voting experience is no longer just one day; counties can now choose to utilize vote centers for up to 10 days prior to election day. AB 2540 will authorize school buildings, public building and state owned facilities to be available for use as vote centers at the request of county elections officials.

Counties have been using schools, public and state facilities as polling locations for many years because they are ideal locations. These locations are well known in local communities, usually meet ADA requirements for access to voters with disabilities, and have a good infrastructure to accommodate the needs for facilitating an election. With the advent of vote centers, county elections officials now need facilities as “polling places” for up to 10 days rather than the traditional model of one day. Counties are again looking to schools, public and state facilities for the same reasons – location, accessibility and infrastructure – as well as cost because these facilities do not cost counties the same amount to use as a private facility.

RELATED/PRIOR LEGISLATION

SB 450 (Allen), Chapter 832, Statutes of 2016, subject to certain conditions, permitted counties to conduct elections in which every voter is mailed a ballot and vote centers and ballot drop-off locations are available prior to and on Election Day, in lieu of operating polling places for the election.

AB 1472 (Goldberg), Chapter 219, Statutes of 2003, required ways in which a governing board having jurisdiction over school buildings may comply with the process of a governing board to have school buildings available for use as polling places.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: California Association of Clerks and Elections Officials

California State Association of Counties

Disability Rights California

Los Angeles County Board of Supervisors

San Diego County Board of Supervisors

San Mateo County Board of Supervisors

Oppose: None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2540

Author:(Mullin)

As Amended Ver:April 18, 2018

Majority vote

SUMMARY: Requires a governing body with jurisdiction over school buildings or other public buildings, as defined, to allow those buildings to be used as vote centers beginning up to 10 days prior to an election day, as specified. Specifically, this bill:

1. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used as vote centers, in addition to polling places, and provides that the building may serve as a vote center beginning up to 10 days before the election and continuing through election day.
2. Requires the governing body having jurisdiction over a school building or public building, if an elections official specifically requests the use of the building, to allow for the school or building to be used as a vote center beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for dropoff, set-up, and pick-up of election materials, as determined by the elections official.
3. Requires an elections official requesting the use of a public building to include in his or her request a list of the buildings for which the use of a building for polling places or vote centers is needed. Requires the request to be made sufficiently before election day for the governing body of the city, county, or other local government agency to adequately plan for the public building’s use as a polling place or voter center.
4. Requires the district administrator of a building used as a polling place or a vote center to make the building parking available at no charge to the precinct or vote center board and voters beginning 10 days before the election and continuing through election day, if requested by the elections official.

FISCAL EFFECT: According to the Assembly Appropriations Committee, no additional state costs.

COMMENTS: According to the author, "AB 2540 will clarify that public facilities are obligated to serve as vote centers at the request of county Elections Officials, provided that Elections Officials give the governing body sufficient advanced notice before Election Day. As the California Voter's Choice Act is implemented in multiple counties this year, it is imperative that Elections Officials have adequate facility options when it comes to establishing vote centers. Utilizing public facilities as vote centers is a sensible option being that they are generally well-known locations throughout communities, they are ADA [Americans with Disabilities Act] accessible, and are equipped with internet and Wi-Fi infrastructure necessary for electronic voting equipment. As more counties move away from traditional polling places and begin to establish vote centers, it is of the utmost importance that Elections Officials have the necessary resources to be able to facilitate this transition and provide voting access to Californians across the state."

In 2016, the Legislature passed and the Governor signed SB 450 (Allen and Hertzberg), Chapter 832, Statutes of 2016, which enacted the California Voter's Choice Act, which permits 14 specified counties, starting this year, to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day.

Additionally, current law requires vote centers to be open for specified minimum hours of operation, and requires that a voter be able to return his or her Vote-By-Mail (VBM) ballot, register to vote or update voter registration, receive and vote a provisional ballot, receive a replacement ballot, or vote using accessible voting equipment at a vote center. Additionally, existing law requires a vote center to be accessible to voters with disabilities and provide language assistance consistent with current state and federal law. Five counties are expected to conduct elections under this system this year; the remaining counties may use this system beginning in 2020.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002994

Date of Hearing: May 23, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2540

Author:(Mullin) – As Amended Ver:April 18, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a governing body with jurisdiction over school buildings or other public buildings to allow those buildings to be used as vote centers beginning up to ten days prior to an election day, as specified. Specifically, this bill:

1. Defines "public building" to mean a building owned or controlled by a city, county, or other local government agency.
2. Requires the governing body with jurisdiction over a school building or public building, upon request by an elections official, to allow the school or building to be used as a vote center beginning up to ten days before the election and continuing through election day, as well as during key dates necessary for drop-off, set-up, and pick-up of election materials, as determined by the elections official.
3. Requires an elections official requesting the use of a public building to include a list of the all the buildings for which polling places or vote centers are needed in the request. Requires the request to be made sufficiently before an election day to allow for adequate planning for use as polling places or vote centers.
4. Requires the district administrator of a building used as a polling place or a vote center to make building parking available at no charge to the precinct or vote center board and voters beginning ten days before the election and continuing through the election day, if requested by the elections official.
5. Requires, with certain exceptions, state-owned buildings, parking lots, and other facilities to be available free of charge for use as vote centers.
6. Deletes the requirement for school administrators to make reasonable efforts to ensure school buildings used as polling places are accessible to the handicapped, and instead requires a public building, including, but not limited to, a building operated by a school district, used as a polling place or a vote center to comply with existing state accessibility requirements, the federal Americans with Disabilities Act of 1990, the federal Help America Vote Act (HAVA) of 2002, and the federal Voting Rights Act of 1965.

FISCAL EFFECT:

No additional state costs.

COMMENTS:

Background and Purpose. SB 450, Chapter 832, Statutes of 2016, permits fourteen specified counties to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Additionally for special elections, current law requires one vote center for every 60,000 registered voters from the 10th day to the day prior to the election, and one vote center for every 30,000 registered voters on an election day, as specified.

Existing law permits Los Angeles County, beginning January 1, 2020, to conduct elections subject to the same conditions that are generally applicable above, except that the county is not required to mail a ballot to every voter and the county must provide, for regularly scheduled elections, one vote center for every 30,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 7,500 registered voters from the 3rd day prior to the election through election day. Additionally, Los Angeles County is required to provide at least one vote center in each city that has at least 1,000 registered voters, as specified.

Additionally, current law requires vote centers to be open for specified minimum hours of operation and requires a voter to be able to return the VBM ballot, register to vote or update voter registration, receive and vote a provisional ballot, receive a replacement ballot, or vote using accessible voting equipment at a vote center. Additionally, existing law requires a vote center to be accessible to voters with disabilities and to provide language assistance consistent with current state and federal law. Five counties are expected to conduct elections under this system this year; the remaining counties may use this system beginning in 2020.

According to the author:

AB 2540 will clarify that public facilities are obligated to serve as vote centers at the request of county Elections Officials, provided that Elections Officials give the governing body sufficient advanced notice before Election Day. As the California Voter’s Choice Act is implemented in multiple counties this year, it is imperative that Elections Officials have adequate facility options when it comes to establishing vote centers. Utilizing public facilities as vote centers is a sensible option being that they are generally well-known locations throughout communities, they are ADA accessible, and are equipped with internet and Wi-Fi infrastructure necessary for electronic voting equipment. As more counties move away from traditional polling places and begin to establish vote centers, it is of the utmost importance that Elections Officials have the necessary resources to be able to facilitate this transition and provide voting access to Californians across the state.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:AB 2540 (

Author:Mullin) – As Amended Ver:April 18, 2018

SUBJECT: State facilities and public buildings: vote centers and polling places.

SUMMARY: Requires a governing body with jurisdiction over school buildings or other public buildings to allow those buildings to be used as vote centers beginning up to ten days prior to an election day, as specified. Specifically, this bill:

1. Defines "public building" to mean a building owned or controlled by a city, county, or other local government agency.
2. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used as vote centers, in addition to polling places, and provides that the building may serve as a vote center beginning up to ten days before the election and continuing through election day.
3. Requires the governing body having jurisdiction over a school building or public building, if an elections official specifically requests the use of the building, to allow for the school or building to be used as a vote center beginning up to ten days before the election and continuing through election day, as well as during key dates necessary for dropoff, set-up, and pick-up of election materials, as determined by the elections official.
4. Requires an elections official requesting the use of a public building to include in his or her request a list of the buildings for which the use of a building for polling places or vote centers is needed. Requires the request to be made sufficiently before election day for the governing body of the city, county, or other local government agency to adequately plan for the public building’s use as a polling place or voter center.
5. Requires the district administrator of a building used as a polling place or a vote center to make the building parking available at no charge to the precinct or vote center board and voters beginning ten days before the election and continuing through election day, if requested by the elections official.
6. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as vote centers, in addition to polling places.
7. Deletes provisions of law that require a school administrator to make a reasonable effort to ensure that a school building used as a polling place is accessible to the handicapped and instead requires a public building, including, but not limited to, a building operated by a school district, that is used as a polling place or a vote center to comply with existing state accessibility requirements, the federal Americans with Disabilities Act of 1990, the federal Help America Vote Act (HAVA) of 2002, and the federal Voting Rights Act of 1965.
8. Makes other technical and conforming changes.

EXISTING LAW:

1. Defines a polling place to mean a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. Provides that a polling place may serve more than one precinct.
2. Authorizes certain counties to conduct any election, after a specified date, as an all-mailed ballot election if certain conditions are met, including conditions related to ballot dropoff locations, vote centers, and plans for the administration of all-mailed ballot elections.
3. Requires, with certain exceptions, that state-owned buildings, parking lots, and other facilities be made available free of charge for use as polling places.
4. Authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places on any election day, or to store voting machines and other vote-tabulating devices.
5. Requires the elections official to undertake necessary measures when locating polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically handicapped.
6. Requires, pursuant to HAVA, that voting systems used in an election for federal office be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

AB 2540 will clarify that public facilities are obligated to serve as vote centers at the request of county Elections Officials, provided that Elections Officials give the governing body sufficient advanced notice before Election Day. As the California Voter’s Choice Act is implemented in multiple counties this year, it is imperative that Elections Officials have adequate facility options when it comes to establishing vote centers. Utilizing public facilities as vote centers is a sensible option being that they are generally well-known locations throughout communities, they are ADA accessible, and are equipped with internet and Wi-Fi infrastructure necessary for electronic voting equipment. As more counties move away from traditional polling places and begin to establish vote centers, it is of the utmost importance that Elections Officials have the necessary resources to be able to facilitate this transition and provide voting access to Californians across the state.

1. California Voter’s Choice Act: In 2016, the Legislature passed and the Governor signed SB 450, Chapter 832, Statutes of 2016, which enacted the California Voter's Choice Act (CVCA), which permits fourteen specified counties, starting this year, to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. Specifically, current law requires, for regularly scheduled elections, one vote center for every 50,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 10,000 registered voters from the 3rd day prior to the election through election day, with no fewer than two vote centers. Additionally for special elections, current law requires one vote center for every 60,000 registered voters from the 10th day to the day prior to the election, and one vote center for every 30,000 registered voters on election day, as specified.
   
   The CVCA permits Los Angeles County, beginning January 1, 2020, to conduct elections subject to the same conditions that are generally applicable above, except that the county is not required to mail a ballot to every voter and the county must provide, for regularly scheduled elections, one vote center for every 30,000 registered voters from the 10th day to the 4th day prior to the election, and one vote center for every 7,500 registered voters from the 3rd day prior to the election through election day. Additionally, Los Angeles County is required to provide at least one vote center in each city that has at least 1,000 registered voters, as specified.
   
   Additionally, current law requires vote centers to be open for specified minimum hours of operation, and requires that a voter be able to return his or her VBM ballot, register to vote or update voter registration, receive and vote a provisional ballot, receive a replacement ballot, or vote using accessible voting equipment at a vote center. Additionally, existing law requires a vote center to be accessible to voters with disabilities and provide language assistance consistent with current state and federal law. Five counties are expected to conduct elections under this system this year; the remaining counties may use this system beginning in 2020.
   
   According to background materials provided by the author, due to the length of time and the number of voting centers required under CVCA for early voting, elections officials in counties that will be conducting elections under CVCA may face challenges securing enough locations to serve as vote centers. This bill will help address this problem by requiring schools and public buildings to serve as vote centers if an elections official specifically requests the use of the building. Additionally, this bill lengthens the time that a school or public building is required to be made available for use as a vote center, as specified.
2. Arguments in Support: In support, the Los Angeles County Board of Supervisors writes:

The placement of polling locations is a challenging operation for election

administrators, a task fundamentally changed under CVCA. While the overall

number of locations needed on an election day itself decreases under the CVCA

model, the number of sites necessary during the early voting period has increased

significantly. Absent a reliable pool of available sites, election administrators may struggle to find suitable facilities or incur significant expense securing commercial locations. Schools and public buildings have traditionally provided a consistent number of locations under the current model, and AB 2540 would ensure that these locations remain available during the early voting period and would provide election administrators with reliable, low-cost options for locating vote centers.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Clerks and Election Officials

California State Association of Counties

Disability Rights California

Los Angeles County Board of Supervisors

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094