(1)Existing law requires a county elections official to prepare specified information regarding registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party. Existing law requires a county elections official, on specified days before an election, to prepare this information and to notify the Secretary of State that the information is available with respect to voters registered on certain dates before the election, including not less than 102 days before each presidential general election with respect to voters registered before the 123rd day before the presidential general election.

This bill would clarify that on each of the specified days before an election for which a county elections official must prepare information and give notice to the Secretary of State that the notice applies with respect to all voters who are registered voters on the applicable day before the election.

(2)Existing law authorizes a candidate seeking elective office to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law requires those in-lieu-filing-fee petitions to be filed at least 30 days before the close of the nomination period, and requires the candidate to pay a pro rata portion of the filing fee to cover any deficiency in the number of signatures required for the in-lieu-filing fee petition for the office.

This bill would establish different deadlines for filing in-lieu-filing-fee petitions if the last day to file in-lieu-filing fee petitions pursuant to that deadline for a special election to fill a vacancy occurs before the vacancy begins, or before the Governor issues a proclamation calling the special election. Under these circumstances, if the nomination period is 12 days or more, the bill would require in-lieu-filing fee petitions to be filed at least 9 days before the close of the nomination period, with the deficiency calculated by the elections official within 3 days after receipt of a petition. If the nomination period is 11 days or less, the bill would require the Secretary of State to set the deadline for filing in-lieu-filing fee petitions and the time by which the elections official shall notify the candidate of a deficiency. The bill would also delete an obsolete provision.

(3)Existing law requires the Secretary of State, in those instances in which the county elections official uses data processing equipment to store voter registration information, to mail state voter information guides to voters who have registered on or before the 60th day before the election at which measures contained in the state voter information guide are to be voted on, unless a voter has registered fewer than 29 days before the election. For voters who registered after the 60th day before the election, existing law requires the Secretary of State to provide for the mailing of state voter information guides by either mailing the guide to those voters or requiring the county elections official to mail the guide. In those instances in which the county elections official does not use data processing equipment to store voter registration information, existing law requires the Secretary of State to furnish state voter information guides to the county elections official for mailing to voters.

This bill would instead require the Secretary of State to mail state voter information guides in all cases to voters who have registered before the 28th day before the election.

(4)Existing law requires the Secretary of State to prepare and mail to voters the state voter information guide, as specified. Existing law requires each appropriate elections official to prepare and mail to voters the county voter information guide, as specified. However, existing law authorizes a county elections official to elect not to mail a county voter information guide to a permanent vote by mail voter or a voter in a specified mail ballot election if, among other things, the county elections official prepares and mails to the voter a state voter information guide that includes all of the information required to be included in the county voter information guide.

This bill instead would authorize the county elections official to elect not to mail the county voter information guide if he or she prepares and mails to the voter a document that includes all of the information required to be included in the county voter information guide. The bill would also make other clarifying and conforming changes regarding voter information guides.

This bill would incorporate additional changes to Section 2187 of the Elections Code proposed by AB 2245 to be operative only if this bill and AB 2245 are enacted and this bill is enacted last.

(1)Existing law requires a county elections official to prepare specified information regarding registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party. Existing law requires a county elections official, on specified days before an election, to prepare this information and to notify the Secretary of State that the information is available with respect to voters registered on certain dates before the election, including not less than 102 days before each presidential general election with respect to voters registered before the 123rd day before the presidential general election.

This bill would clarify that on each of the specified days before an election for which a county elections official must prepare information and give notice to the Secretary of State that the notice applies with respect to all voters who are registered voters on the applicable day before the election.

(2)Existing law authorizes a candidate seeking elective office to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law requires those in-lieu-filing-fee petitions to be filed at least 30 days before the close of the nomination period, and requires the candidate to pay a pro rata portion of the filing fee to cover any deficiency in the number of signatures required for the in-lieu-filing fee petition for the office.

This bill would establish different deadlines for filing in-lieu-filing-fee petitions if the last day to file in-lieu-filing fee petitions pursuant to that deadline for a special election to fill a vacancy occurs before the vacancy begins, or before the Governor issues a proclamation calling the special election. Under these circumstances, if the nomination period is 12 days or more, the bill would require in-lieu-filing fee petitions to be filed at least 9 days before the close of the nomination period, with the deficiency calculated by the elections official within 3 days after receipt of a petition. If the nomination period is 11 days or less, the bill would require the Secretary of State to set the deadline for filing in-lieu-filing fee petitions and the time by which the elections official shall notify the candidate of a deficiency. The bill would also delete an obsolete provision.

(3)Existing law requires the Secretary of State, in those instances in which the county elections official uses data processing equipment to store voter registration information, to mail state voter information guides to voters who have registered on or before the 60th day before the election at which measures contained in the state voter information guide are to be voted on, unless a voter has registered fewer than 29 days before the election. For voters who registered after the 60th day before the election, existing law requires the Secretary of State to provide for the mailing of state voter information guides by either mailing the guide to those voters or requiring the county elections official to mail the guide. In those instances in which the county elections official does not use data processing equipment to store voter registration information, existing law requires the Secretary of State to furnish state voter information guides to the county elections official for mailing to voters.

This bill would instead require the Secretary of State to mail state voter information guides in all cases to voters who have registered before the 28th day before the election.

(4)Existing law requires the Secretary of State to prepare and mail to voters the state voter information guide, as specified. Existing law requires each appropriate elections official to prepare and mail to voters the county voter information guide, as specified. However, existing law authorizes a county elections official to elect not to mail a county voter information guide to a permanent vote by mail voter or a voter in a specified mail ballot election if, among other things, the county elections official prepares and mails to the voter a state voter information guide that includes all of the information required to be included in the county voter information guide.

This bill instead would authorize the county elections official to elect not to mail the county voter information guide if he or she prepares and mails to the voter a document that includes all of the information required to be included in the county voter information guide. The bill would also make other clarifying and conforming changes regarding voter information guides.

This bill would incorporate additional changes to Section 2187 of the Elections Code proposed by AB 2245 to be operative only if this bill and AB 2245 are enacted and this bill is enacted last.

(1)Existing law requires a county elections official to prepare specified information regarding registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party. Existing law requires a county elections official, on specified days before an election, to prepare this information and to notify the Secretary of State that the information is available with respect to voters registered on certain dates before the election, including not less than 102 days before each presidential general election with respect to voters registered before the 123rd day before the presidential general election.

This bill would clarify that on each of the specified days before an election for which a county elections official must prepare information and give notice to the Secretary of State that the notice applies with respect to all voters who are registered voters on the applicable day before the election.

(3)Existing law requires the Secretary of State, in those instances in which the county elections official uses data processing equipment to store voter registration information, to mail state voter information guides to voters who have registered on or before the 60th day before the election at which measures contained in the state voter information guide are to be voted on, unless a voter has registered fewer than 29 days before the election. For voters who registered after the 60th day before the election, existing law requires the Secretary of State to provide for the mailing of state voter information guides by either mailing the guide to those voters or requiring the county elections official to mail the guide. In those instances in which the county elections official does not use data processing equipment to store voter registration information, existing law requires the Secretary of State to furnish state voter information guides to the county elections official for mailing to voters.

This bill would instead require the Secretary of State to mail state voter information guides in all cases to voters who have registered before the 28th day before the election.

(4)Existing law requires the Secretary of State to prepare and mail to voters the state voter information guide, as specified. Existing law requires each appropriate elections official to prepare and mail to voters the county voter information guide, as specified. However, existing law authorizes a county elections official to elect not to mail a county voter information guide to a permanent vote by mail voter or a voter in a specified mail ballot election if, among other things, the county elections official prepares and mails to the voter a state voter information guide that includes all of the information required to be included in the county voter information guide.

This bill instead would authorize the county elections official to elect not to mail the county voter information guide if he or she prepares and mails to the voter a document that includes all of the information required to be included in the county voter information guide. The bill would also make other clarifying and conforming changes regarding voter information guides.

(1)Existing law requires a county elections official to prepare specified information regarding registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party. Existing law requires a county elections official, on specified days before an election, to prepare this information and to notify the Secretary of State that the information is available with respect to voters registered on certain dates before the election, including not less than 102 days before each presidential general election with respect to voters registered before the 123rd day before the presidential general election.

This bill would clarify that on each of the specified days before an election for which a county elections official must prepare information and give notice to the Secretary of State that the notice applies with respect to all voters who are registered voters on the applicable day before the election.

(2)Existing law requires the Secretary of State, in those instances in which the county elections official uses data processing equipment to store voter registration information, to mail state voter information guides to voters who have registered on or before the 60th day before the election at which measures contained in the state voter information guide are to be voted on, unless a voter has registered fewer than 29 days before the election. For voters who registered after the 60th day before the election, existing law requires the Secretary of State to provide for the mailing of state voter information guides by either mailing the guide to those voters or requiring the county elections official to mail the guide. In those instances in which the county elections official does not use data processing equipment to store voter registration information, existing law requires the Secretary of State to furnish state voter information guides to the county elections official for mailing to voters.

This bill would instead require the Secretary of State to mail state voter information guides in all cases to voters who have registered before the 28th day before the election.

(3)Existing law requires the Secretary of State to prepare and mail to voters the state voter information guide, as specified. Existing law requires each appropriate elections official to prepare and mail to voters the county voter information guide, as specified. However, existing law authorizes a county elections official to elect not to mail a county voter information guide to a permanent vote by mail voter or a voter in a specified mail ballot election if, among other things, the county elections official prepares and mails to the voter a state voter information guide that includes all of the information required to be included in the county voter information guide.

This bill instead would authorize the county elections official to elect not to mail the county voter information guide if he or she prepares and mails to the voter a document that includes all of the information required to be included in the county voter information guide. The bill would also make other clarifying and conforming changes regarding voter information guides.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 3258

Author:(Committee on Elections and Redistricting)

As Amended Ver:August 15, 2018

Majority vote

Original Committee Reference: E. & R.

SUMMARY: Makes various minor, technical, and corresponding changes to the Elections Code. Specifically, this bill:

1. Requires county elections officials, when notifying the Secretary of State (SOS) that specified information is available about the number of registered voters in the county pursuant to a specified provision of existing law, that the notification prior to a presidential general election include voters who are registered on the 123rd day before the election, instead of including voters who are registered before the 123rd day before the election as is currently required.
2. Repeals provisions of law that require county elections officials to mail state voter information guides (VIGs) to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
3. Makes clarifying, technical, and corresponding changes.

The Senate amendments:

1. Provide that if the last day under state law for a candidate to file a petition in lieu of paying a filing fee (commonly known as "in-lieu petitions") for a special election that is held to fill a vacancy occurs before the vacancy begins, or before the Governor calls a special election to fill such a vacancy, as specified, the deadline for filing in-lieu petitions is as follows:
   1. If the nomination period for the special election is 12 days or more, the deadline is nine days before the close of the nomination period, with the elections official required to notify the candidate of any deficiency on the petition within three days after receipt.
   2. If the nomination period for the special election is 11 days or fewer, the SOS is required to set the deadline for filing the petition and the time for the elections official to notify the candidate of any deficiency on the petition.
2. Add double-jointing language to avoid chaptering problems with AB 2125 (Berman) of the current legislative session, and make other technical and conforming changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: This is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the SOS and San Diego County, and otherwise identified by committee staff.

Existing law requires the SOS to prepare periodic reports of voter registration that are used, in part, to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections. This bill changes the date of one currently-required report to align with the date on which the determination is made about which political parties are qualified to participate in a presidential general election. This change was requested by the SOS.

Existing law generally requires the SOS to mail state VIGs to voters but provides that county elections officials may be required to mail the guides to voters in certain situations. Earlier this year, the SOS told counties that it would assume responsibility for mailing state VIGs in those situations due to functionality included in the state's new voter registration database. Consistent with this new practice, this bill specifies that the SOS is responsible for mailing VIGs directly to voters. These changes were identified by committee staff.

AB 2911 (Elections & Redistricting Committee), Chapter 422, Statutes of 2016, standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in the Elections Code, and corrects an error made by AB 2911. These changes were requested by the SOS.

Additionally, this bill updates state law to make it clear that a county is not required to send a vote by mail (VBM) ballot application or a notice that such an application is enclosed on the VIG that is sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

The Senate amendments add a provision to the bill dealing with deadlines for candidates at a special vacancy election to collect signatures on in-lieu petitions. Last year, AB 469 (Cooper), Chapter 839, Statutes of 2017, moved up the deadline for collecting signatures on in-lieu petitions, with the deadline for submitting those signatures now falling 30 days before the deadline for submitting nomination papers. At special vacancy elections, however, the timelines for candidate filing are shortened, and the deadline for submitting nomination papers frequently falls less than 30 days after the occurrence of the vacancy. In such a situation, the Elections Code appears to provide no time period for candidates to collect signatures on in-lieu petitions.

This bill provides that if the nomination period for a special election is 12 days or more, the deadline for filing in-lieu petitions will be nine days before the close of the nomination period. If the nomination period is 11 days or fewer, this bill gives the SOS the discretion to set the deadline for submitting in-lieu petitions. This change was requested by the SOS.

The Senate amendments also add double-jointing language to avoid chaptering problems with other legislation and make various technical and conforming changes. This bill, as amended in the Senate, is generally consistent with prior Assembly actions.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0004046

 THIRD READING 

Bill No: AB 3258

Author:

: in Senate

Vote:

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

AYES: Stern, Anderson, Allen, Hertzberg, Leyva

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill makes various minor, technical, and corresponding changes to the Elections Code.

Senate Floor Amendments of 8/15/18 add provisions to establish different timelines for filing signatures in lieu petitions at special vacancy elections, modify co-authors, and add double-jointing language between this bill and AB 2245 (Berman).

ANALYSIS:

Existing law:

1. Requires county elections officials to provide notice to the Secretary of State (SOS) that specified information is available about the number of registered voters in the county, including the number of voters registered as preferring each qualified political party and the number registered as preferring nonqualified parties. Requires this notice to be provided at specified times, including not less than 102 days prior to each presidential general election, with respect to all voters registered before the 123rd day before the presidential general election.
2. Provides that a political party is qualified to participate in a presidential general election if the SOS determines that the number of voters registered as preferring that political party on the 123rd day before the presidential general election equals at least 0.33 percent of the total number of registered voters excluding those whose party preference is designated as “Unknown,” as specified.
3. Provides that in-lieu-filing-fee petitions be available 60 days before the first day for circulating nomination papers.
4. Provides that in cases of vacancies for which a special election is authorized or required to be held to fill the vacancy, and where the prescribed nomination period is less than 60 days after the creation of the vacancy, the forms be made available within five working days after the creation of the vacancy.
5. Provides that the deadline for a candidate to submit a petition containing the signatures of registered voters in-lieu of a filing fee is 30 days before the close of the nomination period, as specified. Provides that within 10 days after receipt of a petition, the elections official notifies the candidate of any deficiency. Provides that if there is a deficiency, the candidate, at the time of obtaining nomination forms, pays a pro rata portion of the filing fee to cover the deficiency.
6. Requires that a state voter information guide (VIG) be mailed to every postal address at which one or more persons are registered to vote as of the 29th day before a statewide election.
7. Requires, for counties that use data processing equipment to store voter registration information, that the SOS mail the state VIG directly to voters who are registered on or before the 60th day before the election.
8. Requires the SOS to furnish the guides to counties that do not use data processing equipment to store voter registration information and requires those counties to mail the guides to voters, as specified.
9. Permits the SOS, for voters who register after the 60th day before the election but before the 28th day before the election, to mail the guides directly to voters, or to provide the guides to counties for the counties to mail to the voters.
10. Requires the county elections official to prepare a county VIG for each election that it conducts and mailed to every voter who is registered at least 29 days before the election, except as specified. Additionally, requires the county VIG to contain specified information, including an application for a vote by mail (VBM) ballot and a notice that a VBM ballot application is enclosed.
11. Permits a county elections official to choose not to mail a county VIG to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts if the county otherwise mails that voter all the information that is required to be included in the county VIG except for the application for the VBM ballot and the notice that a VBM ballot application is enclosed.

This bill:

1. Requires county elections officials, when notifying the SOS that specified information is available about the number of registered voters in the county pursuant to a specified provision of existing law, that the notification prior to a presidential general election includes voters who are registered on the 123rd day before the election.
2. Adds provisions to establish different timelines for filing signatures in lieu petitions at special vacancy elections, as specified.
3. Repeals provisions of law that require county elections officials to mail state VIGs to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
4. Makes clarifying, technical, and corresponding changes.
5. Adds double-jointing language with AB 2245 (Berman).

Background

Reports of Voter Registration. Existing law requires the SOS to prepare periodic reports of voter registration. These reports show the number of voters, by party preference, registered in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. These reports of voter registration, among other things, are used to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections.

Among other tests, existing state law provides that a political party is eligible to participate in a presidential general election if the number of voters registered as preferring that political party is equal in number to at least 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election, as specified. However, the report of voter registration that the SOS uses to make that determination is required to identify the number of voters who are registered with each political party before the 123rd day before the presidential general election. This bill amends Section 2187 to align these two dates by requiring the report of voter registration to identify the number of voters who are registered with each political party on the 123rd day before the presidential general election. This bill also makes various clarifying changes to standardize the language used to describe the dates that reports of voter registration are to cover. These changes were requested by the SOS.

Filing In-Lieu Signatures Petitions for Special Vacancy Elections. In 2017, the Legislature passed and Governor Brown signed AB 469 (Cooper, Chapter 839, Statutes of 2017). AB 469, among other provisions, provided for the period for collecting signatures on in-lieu petitions to start and end 15 days earlier than it previously had, and eliminated the supplemental time period that a candidate had to make up any deficiency in signatures on an in-lieu petition. As a result, the time period for collecting signatures on an in-lieu petition begins 60 days before the first day for circulating nomination papers and ends 30 days before the deadline for submitting nomination papers.  However, at special vacancy elections, when timelines for candidate filing are shortened, the deadline for submitting nomination papers frequently falls less than 30 days after the occurrence of the vacancy. In such a situation, the Elections Code appears to provide no time period for candidates to collect signatures on in-lieu petitions.

To address this issue, this bill would provide that if the nomination period for a special election is 12 days or more, the deadline for filing in-lieu petitions will be 9 days before the close of the nomination period. Additionally, if the nomination period is 11 days or less, the SOS would have the discretion to set the deadline for in-lieu petitions to be submitted.

State Voter Information Guides. Existing law generally requires the SOS to mail state VIGs to voters but provides that county elections officials may be required to mail the guides to voters if the county does not use data processing equipment to store voter registration information. For voters who register to vote after the 60th day before an election but before the 28th day before the election, state law also provides that the SOS may mail the VIG to voters or may require the county elections official to mail the guide to voters.

All counties have been using data processing equipment to store voter registration information for years. Earlier this year, the SOS office told counties that due to the functionality included in the state's new voter registration database, the SOS would be mailing state VIGs directly to voters who register after the 60th day before an election but before the 28th day before the election. Consistent with this new practice, this bill specifies that the SOS is responsible for mailing VIGs directly to voters.

Standardized Terminology. AB 2911 (Assembly Elections and Redistricting Committee, Chapter 422, Statutes of 2016) standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in Section 11325 of the Elections Code, and corrects an error made by AB 2911 in Section 13305 of the Elections Code. These changes were requested by the SOS.

Additionally, this bill updates Elections Code Section 13305 to clarify that a county is not required to send a VBM ballot application or a notice that such an application is enclosed in the guide that is sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

Comments

1. According to the author, this is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the SOS and San Diego County, and otherwise identified by Assembly Elections and Redistricting Committee staff.

Related/Prior Legislation

AB 469 (Cooper, Chapter 839, Statutes of 2017), among other provisions, moved the date that in-lieu-filing-fee petitions shall be available to 60 days, instead of 45 days, before the first day for circulating nomination papers. Additionally, the bill also moved the deadline for a candidate to submit a petition containing the signatures of registered voters in lieu of a filing fee, from 15 days before the close of the nomination period to 30 days before the close of the nomination period.

AB 2911 (Assembly Elections and Redistricting Committee, Chapter 422, Statutes of 2016), among other provisions, standardized the terms in the Elections Code used to refer to county and state VIGs.

SB 589 (Hill, Chapter 280, Statutes of 2013), among other provisions, added Section 13305 to the Elections Code and permitted the elections official to elect not to mail a sample ballot to a voter if specified conditions are satisfied.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/16/18)

California Secretary of State Alex Padilla

California Association of Clerks and Election Officials

County of San Diego

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 73-0, 5/17/18

AYES: Acosta, Aguiar-Curry, Travis Allen, 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, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth

Prepared by:

8/18/18 13:59:00

**** END ****

 THIRD READING 

Bill No: AB 3258

Author:

:

Vote:

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

AYES: Stern, Anderson, Allen, Hertzberg, Leyva

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill makes various minor, technical, and corresponding changes to the Elections Code.

ANALYSIS:

Existing law:

1. Requires county elections officials to provide notice to the Secretary of State (SOS) that specified information is available about the number of registered voters in the county, including the number of voters registered as preferring each qualified political party and the number registered as preferring nonqualified parties. Requires this notice to be provided at specified times, including not less than 102 days prior to each presidential general election, with respect to all voters registered before the 123rd day before the presidential general election.
2. Provides that a political party is qualified to participate in a presidential general election if the SOS determines that the number of voters registered as preferring that political party on the 123rd day before the presidential general election equals at least 0.33 percent of the total number of registered voters excluding those whose party preference is designated as “Unknown,” as specified.
3. Requires that a state voter information guide (VIG) be mailed to every postal address at which one or more persons are registered to vote as of the 29th day before a statewide election.
4. Requires, for counties that use data processing equipment to store voter registration information, that the SOS mail the state VIG directly to voters who are registered on or before the 60th day before the election.
5. Requires the SOS to furnish the guides to counties that do not use data processing equipment to store voter registration information and requires those counties to mail the guides to voters, as specified.
6. Permits the SOS, for voters who register after the 60th day before the election but before the 28th day before the election, to mail the guides directly to voters, or to provide the guides to counties for the counties to mail to the voters.
7. Requires the county elections official to prepare a county VIG for each election that it conducts and mailed to every voter who is registered at least 29 days before the election, except as specified. Additionally, requires the county VIG to contain specified information, including an application for a vote by mail (VBM) ballot and a notice that a VBM ballot application is enclosed.
8. Permits a county elections official to choose not to mail a county VIG to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts if the county otherwise mails that voter all the information that is required to be included in the county VIG except for the application for the VBM ballot and the notice that a VBM ballot application is enclosed.

This bill:

1. Requires county elections officials, when notifying the SOS that specified information is available about the number of registered voters in the county pursuant to a specified provision of existing law, that the notification prior to a presidential general election includes voters who are registered on the 123rd day before the election.
2. Repeals provisions of law that require county elections officials to mail state VIGs to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
3. Makes clarifying, technical, and corresponding changes.

Background

Reports of Voter Registration. Existing law requires the SOS to prepare periodic reports of voter registration. These reports show the number of voters, by party preference, registered in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. These reports of voter registration, among other things, are used to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections.

Among other tests, existing state law provides that a political party is eligible to participate in a presidential general election if the number of voters registered as preferring that political party is equal in number to at least 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election, as specified. However, the report of voter registration that the SOS uses to make that determination is required to identify the number of voters who are registered with each political party before the 123rd day before the presidential general election. This bill amends Section 2187 to align these two dates by requiring the report of voter registration to identify the number of voters who are registered with each political party on the 123rd day before the presidential general election. This bill also makes various clarifying changes to standardize the language used to describe the dates that reports of voter registration are to cover. These changes were requested by the SOS.

State VIGs. Existing law generally requires the SOS to mail state VIGs to voters but provides that county elections officials may be required to mail the guides to voters if the county does not use data processing equipment to store voter registration information. For voters who register to vote after the 60th day before an election but before the 28th day before the election, state law also provides that the SOS may mail the VIG to voters or may require the county elections official to mail the guide to voters.

All counties have been using data processing equipment to store voter registration information for years. Earlier this year, the SOS office told counties that due to the functionality included in the state's new voter registration database, the SOS would be mailing state VIGs directly to voters who register after the 60th day before an election but before the 28th day before the election. Consistent with this new practice, this bill specifies that the SOS is responsible for mailing VIGs directly to voters.

Standardized Terminology. AB 2911 (Assembly Elections and Redistricting Committee, Chapter 422, Statutes of 2016) standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in Section 11325 of the Elections Code, and corrects an error made by AB 2911 in Section 13305 of the Elections Code. These changes were requested by the SOS.

Additionally, this bill updates Elections Code Section 13305 to clarify that a county is not required to send a VBM ballot application or a notice that such an application is enclosed in the guide that is sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

Comments

1. According to the author, this is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the SOS and San Diego County, and otherwise identified by Assembly Elections and Redistricting Committee staff.

Related/Prior Legislation

AB 2911 (Assembly Elections and Redistricting Committee, Chapter 422, Statutes of 2016), among other provisions, standardized the terms in the Elections Code used to refer to county and state VIGs.

SB 589 (Hill, Chapter 280, Statutes of 2013), among other provisions, added Section 13305 to the Elections Code and permitted the elections official to elect not to mail a sample ballot to a voter if specified conditions are satisfied.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/18)

California Secretary of State Alex Padilla

California Association of Clerks and Election Officials

County of San Diego

OPPOSITION: (Verified 6/25/18)

None received

ASSEMBLY FLOOR: 73-0, 5/17/18

AYES: Acosta, Aguiar-Curry, Travis Allen, 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, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth

Prepared by:

6/28/18 13:33:28

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 3258 Hearing Date: 6/6/18

Subject:

DIGEST

This bill makes various minor, technical, and corresponding changes to the Elections Code.

ANALYSIS

Existing law:

1. Requires county elections officials to provide notice to the Secretary of State (SOS) that specified information is available about the number of registered voters in the county, including the number of voters registered as preferring each qualified political party and the number registered as preferring nonqualified parties. Requires this notice to be provided at specified times, including not less than 102 days prior to each presidential general election, with respect to all voters registered before the 123rd day before the presidential general election.
2. Provides that a political party is qualified to participate in a presidential general election if the SOS determines that the number of voters registered as preferring that political party on the 123rd day before the presidential general election equals at least 0.33 percent of the total number of registered voters excluding those whose party preference is designated as “Unknown,” as specified.
3. Requires that a state voter information guide (VIG) be mailed to every postal address at which one or more persons are registered to vote as of the 29th day before a statewide election.
4. Requires, for counties that use data processing equipment to store voter registration information, that the SOS mail the state VIG directly to voters who are registered on or before the 60th day before the election.
5. Requires the SOS to furnish the guides to counties that do not use data processing equipment to store voter registration information and requires those counties to mail the guides to voters, as specified.
6. Permits the SOS, for voters who register after the 60th day before the election but before the 28th day before the election, to mail the guides directly to voters, or to provide the guides to counties for the counties to mail to the voters.
7. Requires the county elections official to prepare a county VIG for each election that it conducts and mailed to every voter who is registered at least 29 days before the election, except as specified. Additionally, requires the county VIG to contain specified information, including an application for a vote by mail (VBM) ballot and a notice that a VBM ballot application is enclosed.
8. Permits a county elections official to choose not to mail a county VIG to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts if the county otherwise mails that voter all the information that is required to be included in the county VIG except for the application for the VBM ballot and the notice that a VBM ballot application is enclosed.

This bill:

1. Requires county elections officials, when notifying the SOS that specified information is available about the number of registered voters in the county pursuant to a specified provision of existing law, that the notification prior to a presidential general election include voters who are registered on the 123rd day before the election.
2. Repeals provisions of law that require county elections officials to mail state VIGs to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
3. Makes clarifying, technical, and corresponding changes.

BACKGROUND

Reports of Voter Registration. Existing law requires the SOS to prepare periodic reports of voter registration. These reports show the number of voters, by party preference, registered in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. These reports of voter registration, among other things, are used to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections.

Among other tests, existing state law provides that a political party is eligible to participate in a presidential general election if the number of voters registered as preferring that political party is equal in number to at least 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election, as specified. However, the report of voter registration that the SOS uses to make that determination is required to identify the number of voters who are registered with each political party before the 123rd day before the presidential general election. This bill amends Section 2187 to align these two dates by requiring the report of voter registration to identify the number of voters who are registered with each political party on the 123rd day before the presidential general election. This bill also makes various clarifying changes to standardize the language used to describe the dates that reports of voter registration are to cover. These changes were requested by the SOS.

State Voter Information Guides. Existing law generally requires the SOS to mail state VIGs to voters but provides that county elections officials may be required to mail the guides to voters if the county does not use data processing equipment to store voter registration information. For voters who register to vote after the 60th day before an election but before the 28th day before the election, state law also provides that the SOS may mail the VIG to voters or may require the county elections official to mail the guide to voters.

All counties have been using data processing equipment to store voter registration information for years. Earlier this year, the SOS office told counties that due to the functionality included in the state's new voter registration database, the SOS would be mailing state VIGs directly to voters who register after the 60th day before an election but before the 28th day before the election.

Consistent with this new practice, this bill specifies that the SOS is responsible for mailing VIGs directly to voters. These changes were identified by committee staff.

Standardized Terminology. AB 2911 (Elections & Redistricting Committee), Chapter 422, Statutes of 2016, standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in Section 11325 of the Elections Code, and corrects an error made by AB 2911 in Section 13305 of the Elections Code. These changes were requested by the SOS.

Additionally, this bill updates Elections Code Section 13305 to clarify that a county is not required to send a VBM ballot application or a notice that such an application is enclosed in the guide that is sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

COMMENTS

According to the author: This is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the Secretary of State and San Diego County, and otherwise identified by committee staff.

RELATED/PRIOR LEGISLATION

AB 2911 (Elections & Redistricting Committee), Chapter 422, Statutes of 2016, among other provisions, standardized the terms in the Elections Code used to refer to county and state VIGs.

SB 589 (Hill), Chapter 280, Statutes of 2013, among other provisions, added Section 13305 to the Elections Code and permitted the elections official to elect not to mail a sample ballot to a voter if specified conditions are satisfied.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: California Secretary of State, Alex Padilla

County of San Diego

Oppose: None Received

-- END --

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3258

Author:(Committee on Elections and Redistricting) – As Introduced Ver:March 21, 2018

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

SUMMARY:

The omnibus committee bill makes various minor, technical, and corresponding changes to the Elections Code. Specifically, this bill:

1. Clarifies that on each of the specified days before an election for which a county elections official must prepare information and give notice to the SOS, the notice applies to all voters on the applicable day before the election.
2. Repeals provisions of law that require county elections officials to mail state voter information guides (VIGs) to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
3. Makes clarifying, technical, and corresponding changes.

FISCAL EFFECT:

Absorbable state costs.

COMMENTS:

1. Purpose. This bill contains various minor, technical, and conforming changes to provisions of the Elections Code including those requested by the SOS and San Diego County.
2. Reports of Voter Registration. Existing law requires the SOS to prepare periodic reports of voter registration. These reports show the number of voters by party preference registered in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. Among other things, reports of voter registration are used to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections.

Among other tests, state law provides a political party is eligible to participate in a presidential general election if the number of voters registered as preferring that political party is equal in number to at least 0.33% of the total number of voters registered on the 123rd day before the presidential general election, as specified. The report of voter registration the SOS uses to make that determination, however, is required to identify the number of voters who are registered with each political party before the 123rd day before the presidential general election. This bill aligns these two dates by requiring the report of voter registration to identify the number of voters who are registered with each political party on the 123rd day before the presidential general election.

Additionally, this bill makes various clarifying changes to standardize the language used to describe the dates that reports of voter registration are to cover. These changes were requested by the SOS.

1. State Voter Information Guides. Existing law generally requires the SOS to mail state VIGs to voters but provides a county elections official may be required to mail the guides to voters if the county does not use data processing equipment to store voter registration information. Additionally, for voters who register to vote after the 60th day before an election but before the 28th day before the election, state law allows the SOS to mail the VIG to voters or may require the county elections official to mail the guide to voters.
   
   All counties have been using data processing equipment to store voter registration information for many years. Earlier this year, the SOS office told counties that because of the functionality included in the state's new voter registration database, the SOS would mail state VIGs directly to voters who register after the 60th day before an election but before the 28th day before the election.

Consistent with this new practice, this bill specifies the SOS is responsible for mailing VIGs directly to voters.

1. Standardized Terminology. AB 2911 (Elections & Redistricting Committee), Chapter 422, Statutes of 2016, standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in the Elections Code and corrects an error. These changes were requested by the SOS.
   
   Additionally, this bill updates the Elections Code to clarify a county is not required to send a VBM ballot application or a notice that such an application is enclosed on the guide sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

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 3258 (

Author:Committee on Elections and Redistricting) – As Introduced Ver:March 21, 2018

SUBJECT: Elections.

SUMMARY: Makes various minor, technical, and corresponding changes to the Elections Code. Specifically, this bill:

1. Requires county elections officials, when notifying the Secretary of State (SOS) that specified information is available about the number of registered voters in the county pursuant to a specified provision of existing law, that the notification prior to a presidential general election include voters who are registered on the 123rd day before the election, instead of including voters who are registered before the 123rd day before the election as is currently required.
2. Repeals provisions of law that require county elections officials to mail state voter information guides (VIGs) to voters in certain circumstances, and instead requires the SOS to mail all state VIGs directly to postal addresses at which one or more persons are registered to vote as of the 29th day before a statewide election.
3. Makes clarifying, technical, and corresponding changes.

EXISTING LAW:

1. Requires county elections officials to provide notice to the SOS that specified information is available about the number of registered voters in the county, including the number of voters registered as preferring each qualified political party and the number registered as preferring nonqualified parties. Requires this notice to be provided at specified times, including not less than 102 days prior to each presidential general election, with respect to all voters registered before the 123rd day before the presidential general election.
2. Provides that a political party is qualified to participate in a presidential general election if the SOS determines that the number of voters registered as preferring that political party on the 123rd day before the presidential general election equals at least 0.33 percent of the total number of registered voters excluding those whose party preference is designated as “Unknown,” as specified.
3. Requires that a state VIG be mailed to every postal address at which one or more persons are registered to vote as of the 29th day before a statewide election. Requires, for counties that use data processing equipment to store voter registration information, that the SOS mail the state VIG directly to voters who are registered on or before the 60th day before the election. Requires the SOS to furnish the guides to counties that do not use data processing equipment to store voter registration information and requires those counties to mail the guides to voters, as specified. Permits the SOS, for voters who register after the 60th day before the election but before the 28th day before the election, to mail the guides directly to voters, or to provide the guides to counites for the counties to mail to the voters.
4. Requires the county elections official to prepare a county VIG for each election that it conducts. Requires the county VIG to contain specified information, including an application for a vote by mail (VBM) ballot and a notice that a VBM ballot application is enclosed. Requires a county VIG to be mailed to every voter who is registered at least 29 days before the election, except as specified.
5. Permits a county elections official to choose not to mail a county VIG to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts if the county mails that voter all the information that is required to be included in the county VIG except for the application for the VBM ballot and the notice that a VBM ballot application is enclosed.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: This is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the SOS and San Diego County, and otherwise identified by committee staff.
2. Reports of Voter Registration: Existing law requires the SOS to prepare periodic reports of voter registration. These reports show the number of voters, by party preference, registered in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. Among other things, reports of voter registration are used to determine which political parties are eligible to participate in statewide primary elections and in presidential general elections.

Among other tests, state law provides that a political party is eligible to participate in a presidential general election if the number of voters registered as preferring that political party is equal in number to at least 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election, as specified. The report of voter registration that the SOS uses to make that determination, however, is required to identify the number of voters who are registered with each political party before the 123rd day before the presidential general election. This bill amends Section 2187 to align these two dates by requiring the report of voter registration to identify the number of voters who are registered with each political party on the 123rd day before the presidential general election. Additionally, this bill makes various clarifying changes to standardize the language used to describe the dates that reports of voter registration are to cover. These changes were requested by the SOS.

1. State Voter Information Guides: Existing law generally requires the SOS to mail state VIGs to voters but provides that county elections officials may be required to mail the guides to voters if the county does not use data processing equipment to store voter registration information. Additionally, for voters who register to vote after the 60th day before an election but before the 28th day before the election, state law provides that the SOS may mail the VIG to voters or may require the county elections official to mail the guide to voters.
   
   All counties have been using data processing equipment to store voter registration information for many years. Additionally, earlier this year, the SOS office told counties that due to the functionality included in the state's new voter registration database, the SOS would be mailing state VIGs directly to voters who register after the 60th day before an election but before the 28th day before the election.

Consistent with this new practice, this bill specifies that the SOS is responsible for mailing VIGs directly to voters. These changes were identified by committee staff.

1. Standardized Terminology: AB 2911 (Elections & Redistricting Committee), Chapter 422, Statutes of 2016, standardized the terms in the Elections Code used to refer to county and state VIGs. This bill further updates terminology used in Section 11325 of the Elections Code, and corrects an error made by AB 2911 in Section 13305 of the Elections Code. These changes were requested by the SOS.
   
   Additionally, this bill updates Elections Code Section 13305 to make it clear that a county is not required to send a VBM ballot application or a notice that such an application is enclosed on the guide that is sent to permanent VBM voters, voters in all-mailed ballot elections, and voters in all-mailed ballot precincts. This change was requested by San Diego County.

REGISTERED SUPPORT / OPPOSITION:

Support

San Diego County

Secretary of State Alex Padilla

Opposition

None on file.

Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094