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Current Status:

Passed

(2023-10-10: Chaptered by Secretary of State - Chapter 676, Statutes of 2023.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill rewrites ballot layout and printing rules, affecting voters and county and state elections officials. It requires plain-language instructions on ballots that explain how to mark choices, write in candidates, and correct mistakes, and it sets basic layout rules such as font sizes and the size and placement of voting targets. For recall elections it requires an explanation that there are two separate contests — whether to remove the official and who would replace them — and allows ballots that are in “substantial compliance” (a close match) with the layout rules.

Version:

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.

This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.

(2)Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.

This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officers successor if the recall is successful, and that voters may cast a vote in either or both of those contests.

(3)Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.

This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.

(4)To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.

(b)The ballot presentations shall include either of the following:

(1)One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.

(2)An electronic voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

(c)For all other measures, the question and statements specified in Section 13119 or the question specified in Section 13120, as applicable.

(d)For an advisory vote, the description as indicated in Section 9603.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13206 of the Elections Code is repealed.SEC. 21.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 22.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 23.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 24.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 25.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 26.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 27.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 28.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 29.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 30.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 31.Section 13216 of the Elections Code is repealed.SEC. 32.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 33.Section 13216.5 of the Elections Code is repealed.SEC. 34.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 35.Section 13260 of the Elections Code is repealed.SEC. 36.Section 13261 of the Elections Code is repealed.SEC. 37.Section 13262 of the Elections Code is repealed.SEC. 38.Section 13263 of the Elections Code is repealed.SEC. 39.Section 13264 of the Elections Code is repealed.SEC. 40.Section 13265 of the Elections Code is repealed.SEC. 41.Section 13266 of the Elections Code is repealed.SEC. 42.Section 13267 of the Elections Code is repealed.SEC. 43.Section 14284 of the Elections Code is repealed.SEC. 44.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 45.Section 14285 of the Elections Code is repealed.SEC. 46.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 47.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 48.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 49.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 50.Section 15211 of the Elections Code is repealed.SEC. 51.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 52.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.

(b)The ballot presentations shall include either of the following:

(1)One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.

(2)An electronic voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

(c)For all other measures, the question and statements specified in Section 13119 or the question specified in Section 13120, as applicable.

(d)For an advisory vote, the description as indicated in Section 9603.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13206 of the Elections Code is repealed.SEC. 21.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 22.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 23.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 24.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 25.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 26.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 27.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 28.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 29.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 30.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 31.Section 13216 of the Elections Code is repealed.SEC. 32.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 33.Section 13216.5 of the Elections Code is repealed.SEC. 34.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 35.Section 13260 of the Elections Code is repealed.SEC. 36.Section 13261 of the Elections Code is repealed.SEC. 37.Section 13262 of the Elections Code is repealed.SEC. 38.Section 13263 of the Elections Code is repealed.SEC. 39.Section 13264 of the Elections Code is repealed.SEC. 40.Section 13265 of the Elections Code is repealed.SEC. 41.Section 13266 of the Elections Code is repealed.SEC. 42.Section 13267 of the Elections Code is repealed.SEC. 43.Section 14284 of the Elections Code is repealed.SEC. 44.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 45.Section 14285 of the Elections Code is repealed.SEC. 46.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 47.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 48.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 49.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 50.Section 15211 of the Elections Code is repealed.SEC. 51.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 52.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.

(b)The ballot presentations shall include either of the following:

(1)One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.

(2)An electronic device, voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic device voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

(c)For all other measures, the question and statements specified in Section 13119 or the question specified in Section 13120, as applicable.

(d)For an advisory vote, the description as indicated in Section 9603.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13205 of the Elections Code is amended to read:13205.Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:(a)In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:To vote for a candidate for the partys nomination for President fill in the [voting target] next to their name.(b)In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.SEC. 21.SEC. 20.Section 13206 of the Elections Code is repealed.SEC. 22.SEC. 21.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 23.SEC. 22.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 24.SEC. 23.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 25.SEC. 24.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.SEC. 25.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.SEC. 26.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 28.SEC. 27.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.SEC. 28.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 30.SEC. 29.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.SEC. 30.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.SEC. 31.Section 13216 of the Elections Code is repealed.SEC. 33.SEC. 32.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.SEC. 33.Section 13216.5 of the Elections Code is repealed.SEC. 35.SEC. 34.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.SEC. 35.Section 13260 of the Elections Code is repealed.SEC. 37.SEC. 36.Section 13261 of the Elections Code is repealed.SEC. 38.SEC. 37.Section 13262 of the Elections Code is repealed.SEC. 39.SEC. 38.Section 13263 of the Elections Code is repealed.SEC. 40.SEC. 39.Section 13264 of the Elections Code is repealed.SEC. 41.SEC. 40.Section 13265 of the Elections Code is repealed.SEC. 42.SEC. 41.Section 13266 of the Elections Code is repealed.SEC. 43.SEC. 42.Section 13267 of the Elections Code is repealed.SEC. 44.SEC. 43.Section 14284 of the Elections Code is repealed.SEC. 45.SEC. 44.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.SEC. 45.Section 14285 of the Elections Code is repealed.SEC. 47.SEC. 46.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 48.SEC. 47.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.SEC. 48.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.SEC. 49.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.SEC. 50.Section 15211 of the Elections Code is repealed.SEC. 52.SEC. 51.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.SEC. 52.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.

(b)The ballot presentations shall include either of the following:

(1)One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.

(2)An electronic device, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic device shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

(c)For all other measures, the questions question and statements specified in Section 13119 for an initiative measure, or the question specified in Section 13120 for a referendum measure, or Section 9603 for an advisory vote. 13120, as applicable.

(d)For an advisory vote, the description as indicated in Section 9603.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13205 of the Elections Code is amended to read:13205.

Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:

(a)In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:

To vote for a candidate for the partys nomination for President fill in the [voting target] next to their name.

(b)In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:

To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.

SEC. 21.Section 13206 of the Elections Code is repealed.SEC. 22.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 23.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 24.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 25.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 28.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 30.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.Section 13216 of the Elections Code is repealed.SEC. 33.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.Section 13216.5 of the Elections Code is repealed.SEC. 35.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.Section 13260 of the Elections Code is repealed.SEC. 37.Section 13261 of the Elections Code is repealed.SEC. 38.Section 13262 of the Elections Code is repealed.SEC. 39.Section 13263 of the Elections Code is repealed.SEC. 40.Section 13264 of the Elections Code is repealed.SEC. 41.Section 13265 of the Elections Code is repealed.SEC. 42.Section 13266 of the Elections Code is repealed.SEC. 43.Section 13267 of the Elections Code is repealed.SEC. 44.Section 14284 of the Elections Code is repealed.SEC. 45.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.Section 14285 of the Elections Code is repealed.SEC. 47.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 48.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.Section 15211 of the Elections Code is repealed.SEC. 52.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. The contents may be rendered using visual, auditory, or other methods of presentation, language, or graphics.

(b)The ballot presentations may include: shall include either of the following:

(1)One or more sheets of paper ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.

(2)An electronic device on device, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic device shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

(c)The printed ballot produced by a ballot marking device may be a list of voter selections or may be a facsimile of a marked preprinted ballot.SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, the ballot title and summary specified in Section 9051. a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

(c)For all other measures, the questions specified in Section 13119 for an initiative measure, Section 13120 for a referendum measure, or Section 9603 for an advisory vote.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13205 of the Elections Code is amended to read:13205.

Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:

(a)In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:

To vote for a candidate for the partys nomination for President fill in the [voting target] next to their name.

(b)In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:

To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.

SEC. 21.Section 13206 of the Elections Code is repealed.SEC. 22.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 23.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 24.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 25.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 28.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 30.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.Section 13216 of the Elections Code is repealed.SEC. 33.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.Section 13216.5 of the Elections Code is repealed.SEC. 35.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.Section 13260 of the Elections Code is repealed.SEC. 37.Section 13261 of the Elections Code is repealed.SEC. 38.Section 13262 of the Elections Code is repealed.SEC. 39.Section 13263 of the Elections Code is repealed.SEC. 40.Section 13264 of the Elections Code is repealed.SEC. 41.Section 13265 of the Elections Code is repealed.SEC. 42.Section 13266 of the Elections Code is repealed.SEC. 43.Section 13267 of the Elections Code is repealed.SEC. 44.Section 14284 of the Elections Code is repealed.SEC. 45.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.Section 14285 of the Elections Code is repealed.SEC. 47.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 48.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.Section 15211 of the Elections Code is repealed.SEC. 52.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. The contents may be rendered using visual, auditory, or other methods of presentation, language, or graphics.

(b)The ballot presentations may include:

(1)One or more sheets of paper upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.

(2)An electronic device on which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls.

(c)The printed ballot produced by a ballot marking device may be a list of voter selections or may be a facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

SEC. 4.Section 303 of the Elections Code is repealed.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, the ballot title and summary specified in Section 9051.

(c)For all other measures, the questions specified in Section 13119 for an initiative measure, Section 13120 for a referendum measure, or Section 9603 for an advisory vote.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individuals behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individuals name listed on the ballot of any election, or who has qualified to have written votes on the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group. group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)Next to the foregoing question, the words Yes and No on separate lines with a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by completely selecting the voting target next to either Yes or No, No, their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort.

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

At the top of the first page of the ballot shall be printed in at least 16-point bold type the words Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, the official party designation or the words Nonpartisan Ballot shall be printed, as applicable. After the heading line or lines, there shall be printed, in at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13205 of the Elections Code is amended to read:13205.

Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:

(a)In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:

To vote for a candidate for the partys nomination for President fill in the [voting target] next to their name.

(b)In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:

To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.

SEC. 21.Section 13206 of the Elections Code is repealed.SEC. 22.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 23.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 24.Section 13208 of the Elections Code is amended to read:13208.

(a)A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 25.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in at least 10-point bold type, the words, President of the United States and Vote for one group only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in at least 10-point bold type.

(b)

(c)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(c)

(d)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(d)

(e)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in at least 10-point bold type.

SEC. 28.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines, as there are candidates to be nominated or elected to the office.

SEC. 30.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.Section 13214 of the Elections Code is amended to read:13214.

All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.Section 13216 of the Elections Code is repealed.SEC. 33.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.Section 13216.5 of the Elections Code is repealed.SEC. 35.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.Section 13260 of the Elections Code is repealed.SEC. 37.Section 13261 of the Elections Code is repealed.SEC. 38.Section 13262 of the Elections Code is repealed.SEC. 39.Section 13263 of the Elections Code is repealed.SEC. 40.Section 13264 of the Elections Code is repealed.SEC. 41.Section 13265 of the Elections Code is repealed.SEC. 42.Section 13266 of the Elections Code is repealed.SEC. 43.Section 13267 of the Elections Code is repealed.SEC. 44.Section 14284 of the Elections Code is repealed.SEC. 45.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.Section 14285 of the Elections Code is repealed.SEC. 47.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 48.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.Section 15211 of the Elections Code is repealed.SEC. 52.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e)The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:SECTION 1.Section 301 of the Elections Code is repealed.301.A ballot means any of the following:(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.(d)(1)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.(2)An electronic touchscreen may qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.SEC. 2.Section 301 is added to the Elections Code, to read:301.

(a)A ballot is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. The contents may be rendered using visual, auditory, or other methods of presentation, language, or graphics.

(b)The ballot presentations may include:

(1)One or more sheets of paper upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.

(2)An electronic device on which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls.

(c)The printed ballot produced by a ballot marking device may be a list of voter selections or may be a facsimile of a marked preprinted ballot.

SEC. 3.Section 302 of the Elections Code is amended to read:302.

Ballot card means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used. The separate write-in ballot may be a paper ballot, a card, or the envelope used to enclose a ballot card. Determination of the format of a separate write-in ballot shall be within the discretion of the elections board. The separate write-in ballot shall provide a blank space followed by the word office and a second blank space followed by the word name for purposes of facilitating write-in votes for offices for which write-in votes may be cast, or may provide a space for writing in the name followed by a space for punching or slotting in order that the vote may be tabulated. All separate write-in ballots may, in the discretion of the elections board, have attached thereto two stubs that comply with Section 13261 regarding the stubs attached to a ballot card, except that the information required under subparagraphs (C) to (G), inclusive, of paragraph (2) of subdivision (b) of Section 13261 and instructions to voters on how to vote for persons whose names do not appear on the ballot may be printed on the write-in ballot and not upon a stub. Any serial numbers appearing on the write-in ballot stubs need not be identical to the serial numbers appearing on the stubs attached to the ballot card or cards handed to the voter. Sections 13002 to 13006, inclusive, shall not apply to the preparation and composition of separate write-in ballots authorized by this section. Sections 14403 and 14404 shall not apply to separate write-in ballots used in an election in which a punchcard voting system is used. ballot.

SEC. 4.Section 303 of the Elections Code is repealed.303.Ballot label means that portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, the ballot label shall contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.SEC. 5.Section 303 is added to the Elections Code, to read:303.

Ballot label means:

(a)For a candidate, the combination of candidate name and candidate designation.

(b)For a statewide measure, the ballot title and summary specified in Section 9051.

(c)For all other measures, the questions specified in Section 13119 for an initiative measure, Section 13120 for a referendum measure, or Section 9603 for an advisory vote.

SEC. 6.Section 303.3 of the Elections Code is amended to read:303.3.

Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.Section 305 of the Elections Code is amended to read:305.

(a)Candidate, (a)Candidate, for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury that he or she perjury, that the person is a candidate, naming the office.

(b)Candidate, as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on his or her the individuals behalf counted by election elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives his or her the individuals consent for any other person to receive a contribution or makes an expenditure with a view to bringing about his or her the individuals nomination or election to any elective state or local office, whether or not the specific elective office for which he or she the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term candidate includes any officeholder who is subject to a recall election.

(c)Candidate for public office, as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have his or her the individuals name listed on the ballot of any election, or who has qualified to have written votes on his or her the individuals behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.Section 6821 of the Elections Code is amended to read:6821.

For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:

(a)In place of the heading Delegates to National Convention, vote for one group only shall appear the heading Presidential Preference, vote for one.

(b)Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).

(c)Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading Delegates to National Convention, vote for one group.

(d)Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).

(e)The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, To express your preference for a candidate for nomination for President, stamp a cross (+) in the square opposite the name of the candidate. completely fill in the [voting target] next to the candidates name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.

SEC. 9.Section 10704 of the Elections Code is amended to read:10704.

(a)Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b)A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1)The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2)A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c)The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.

(d)On the ballot for a special election, immediately below the instructions to voters, there shall be a box not less than one-half inch high enclosed by a heavy-ruled line the same as the borderline. This box shall be as long as there are columns for the ballot and shall be set directly above these columns. Within the box shall be printed the words Voter-Nominated Office. Immediately below that phrase within the same box shall be printed the following:All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated office. The party preference, if any, designated by a candidate is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate.

(d)On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 10.Section 11320 of the Elections Code is amended to read:11320.

The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:

(a)The question Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?

(b)To the right of Next to the foregoing question, the words Yes and No on separate lines with an enclosed voting space to the right of a voting target next to each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officers party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officers name, or immediately below the officers name if there is not sufficient space to the right of the officers name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officers affidavit of registration, the statement shall read: Party Preference:____ (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officers affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officers affidavit of registration, the statement shall read: Party Preference: None.

(3)If the officer elects not to have the officers political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.Section 11322 of the Elections Code is amended to read:11322.

In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:

(a)The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b)Following each list of candidates, the ballot shall provide one blank line with a voting space to the right of it for the voter to write in a name not printed on the ballot. target next to it.

SEC. 12.Section 11322.5 is added to the Elections Code, to read:11322.5.

(a)(1)In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:

(A)That there are two contests on the ballot.

(B)That the two contests are separate and can be voted on independently.

(2)For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.

(b)The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.Section 11323 of the Elections Code is amended to read:11323.

A voter shall indicate, by using the stamp or other marking device to place a mark in the voting space opposite completely selecting the voting target next to either Yes or No, his their vote for or against the recall proposal, respectively.

SEC. 14.Section 13105 of the Elections Code is amended to read:13105.

(a)In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and on the same line as following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified, identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:

(1)In the case of a candidate who designated a political party preference pursuant to Section 8002.5, Party Preference: ______.

(2)In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, Party Preference: None.

(b)In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.

(c)If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidates own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word Independent shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.Section 13200 of the Elections Code is amended to read:13200.

Ballots not printed in accordance substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.Section 13202 of the Elections Code is amended to read:13202.

(a)All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort. The

(b)The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.

(c)For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.Section 13203 of the Elections Code is amended to read:13203.

Across At the top of the first page of the ballot shall be printed in boldface capital type not smaller than 30-point, at least 16-point bold type the words OFFICIAL BALLOT. Official Ballot. Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, shall be printed in 18-point boldface capital type the official party designation or the words NONPARTISAN BALLOT Nonpartisan Ballot shall be printed, as applicable. Beneath After the heading line or lines, there shall be printed, in boldface type as large as the width of the ballot makes possible, the number of the congressional, Senate, and Assembly district, the name of the county in which the ballot is to be voted, and the date of the election. at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.Section 13204 of the Elections Code is repealed.13204.(a)The instructions to voters shall be printed below the district designation. The instructions shall begin with the words INSTRUCTIONS TO VOTERS: in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word Yes. To vote against that candidate, mark the voting target next to the word No.To vote for any other candidate of your selection, mark the voting target next to the candidates name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word Yes or the word No will be deleted and the above sentence shall read: To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidates name.] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.To vote for a qualified write-in candidate, write the persons name in the blank space provided for that purpose after the names of the other candidates for the same office.To vote on any measure, mark the voting target next to the word Yes or next to the word No.Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.On vote by mail ballots mark with pen or pencil.(b)The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.SEC. 19.Section 13204 is added to the Elections Code, to read:13204.

(a)The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.

(b)(1)The instructions shall be written in plain language to communicate the following information:

(A)How to vote for a candidate or in a contest with Yes and No options.

(B)How to write in a candidate.

(C)What to do if a mistake is made.

(2)The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.

(c)(1)For purposes of the instructions described in this section, the following text is recommended:

Instructions for voting

To vote for a candidate, completely fill in the [voting target] next to the candidates name or the word Yes or No.

To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].

If you make a mistake, [instructions for making a correction] [or ask for a new ballot].

Make sure your vote counts.

Use a [blue or black ballpoint pen].

Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.

A mistake in one contest does not affect the rest of the ballot.

(2)The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.

(d)The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.Section 13205 of the Elections Code is amended to read:13205.

Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:

(a)In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:

To vote for the group of candidates preferring a person whose name appears on the ballot, mark the voting target next to the name of the person preferred. To vote for a group of candidates not expressing a preference for a particular candidate, mark the voting target next to the name of the chairman of the group.

To vote for a candidate for the partys nomination for President fill in the [voting target] next to their name.

(b)In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:

To vote for all of the electors of a party, mark the voting target next to the names of the presidential and vice presidential candidates of that party. A mark of the voting target next to the name of a party and its presidential and vice presidential candidate, is a vote for all of the electors of that party, but for no other candidates.(c)If a group of candidates for electors has been nominated under Chapter 3 (commencing with Section 8400) of Division 8, and has under Chapter 1 (commencing at Section 8300) of Division 8 designated the names of the candidates for President and Vice President of the United States for whom those candidates have pledged themselves to vote, the instructions to voters shall also contain the following:To vote for those electors who have pledged themselves to vote for a candidate for President and Vice President not supported by any particular party mark the voting target next to the names of those presidential and vice presidential candidates.(d)If a group of candidates for electors has been nominated by a party not qualified to participate in the election, the instructions to voters shall also contain the following:To vote for those electors who have pledged themselves to vote for a candidate for President and for Vice President of any party not qualified to participate in the election write in the names and party of those presidential and vice presidential candidates in the blank space provided for that purpose.

To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.

SEC. 21.Section 13206 of the Elections Code is repealed.13206.(a)On the partisan ballot used in a direct primary election, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words Party-Nominated Offices. Immediately below that phrase within the same box shall be printed the following: Only voters who disclosed a preference upon registering to vote for the same party as the candidate seeking the nomination of any party for the Presidency or election to a party committee may vote for that candidate at the primary election, unless the party has adopted a rule to permit non-party voters to vote in its primary elections.(b)The same style of box described in subdivision (a) shall also appear over the columns of the nonpartisan part of the ballot and within the box in the same style and point size of type shall be printed Voter-Nominated and Nonpartisan Offices. Immediately below that phrase within the same box shall be printed the following:All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot.SEC. 22.Section 13206 is added to the Elections Code, to read:13206.

(a)(1)On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the partys primary election:

Party-Nominated Offices

Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.

(2)In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the partys primary:

Party-Nominated Offices

Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(3)For voting systems that do not allow variance in instructions, the following words shall be printed:

Party-Nominated Offices

Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the partys primary election for President.

(b)Before or above the first voter-nominated contest, the following words shall be printed:

Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(c)Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:

Nonpartisan Offices

All voters may vote in these contests.

Candidates for these offices do not display a party preference.

SEC. 23.Section 13206.5 of the Elections Code is amended to read:13206.5.

(a)(1)On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words Party-Nominated Offices. Immediately below that phrase within the same box shall be printed the following: The party label accompanying the name of a candidate for party-nominated office on the general election ballot means that the candidate is the official nominee of the party shown. before or above the contest for President, the following words shall be printed:

Party-Nominated Offices

Candidates for these offices are the official nominee of the party displayed with their name.

(2)On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the same style of box described in paragraph (1) shall appear and within the box in the same style and point size of type shall be printed Voter-Nominated and Nonpartisan Offices. Immediately below that phrase within the same box shall be printed the following: All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot. the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

(b)On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words Voter-Nominated and Nonpartisan Offices. Immediately below that phrase within the same box shall be printed the following: All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot. the following words shall be printed:

Voter-Nominated and Nonpartisan Offices

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.

SEC. 24.Section 13208 of the Elections Code is amended to read:13208.

(a)In the right-hand margin of each column light vertical lines shall be printed in such a way as to create a voting target next to the name of each candidate for partisan office, voter-nominated office, nonpartisan office (except for Justice of the Supreme Court or justice of a court of appeal), or for chairperson of a group of candidates for delegate to a national convention who express no preference for a presidential candidate. In the case of Supreme Court or appellate justices and in the case of measures submitted to the voters, the lines shall be printed so as to create voting targets to the right of the words Yes and No. A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.

(b)The standard voting target may be up to one-half inch wide. Voting targets for measures may be as tall as is required by the space occupied by the title and summary. shall be at least 0.12 inches across in either dimension.

(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.

SEC. 25.Section 13209 of the Elections Code is amended to read:13209.

Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot, including a ballot reference page or pages as specified in Section 301, ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.Section 13210 of the Elections Code is amended to read:13210.

(a)In the case of candidates for delegate to national convention, there shall be printed in boldface type, not smaller than 12-point, across the column above the names of the persons preferred by the groups of candidates for delegates, at least 10-point bold type, the words, President of the United States. The words States and Vote for one group only shall extend to the extreme right-hand margin of the column. only.

(b)In the case of candidates for President and Vice President, the words Vote for One Party shall appear just below the heading President and Vice President and shall be printed so as to appear above the voting targets for that office. The heading President and Vice President shall be printed in boldface 12-point type.(c)

(b)In that section of the ballot designated for judicial offices, next to the heading judicial shall appear the instruction: Vote yes or no for each office.

(d)

(c)In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidates name, there shall appear the following: For (designation of judicial office). There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words Shall (title and name of Justice) be elected to the office for the term provided by law?

(e)

(d)In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words vote for one or vote for no more than two, or more, according to the number to be nominated or elected. The designation of the office and the words vote for shall be printed flush with the left-hand margin in boldface type not smaller than 8-point. The words, vote for ____ shall extend to the extreme right-hand margin of the column. The number of candidates to be nominated or elected shall be printed in boldface in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.Section 13211 of the Elections Code is amended to read:13211.

The names of the candidates shall be printed on the ballot, without indentation, in capital, boldface type not smaller than 8-point. at least 10-point bold type.

SEC. 28.Section 13211.5 of the Elections Code is amended to read:13211.5.

(a)Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)If it is necessary to leave spaces on the ballot in order to provide for the most efficient and least costly process of printing ballots, the spaces shall be located at the end of a column, page, or ballot card wherever possible.(c)If due to voting system constraints it is necessary to leave a space between offices on a column, page, or ballot card, and the space exceeds one inch, written instructions and a downward arrow or other visual indicator shall be printed on the ballot to direct the voter to the next voting space.

(b)Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.

(c)When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.Section 13212 of the Elections Code is amended to read:13212.

Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines. lines, as there are candidates to be nominated or elected to the office.

SEC. 30.Section 13213 of the Elections Code is amended to read:13213.

Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by the a caption that reads President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in boldface capital at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.Section 13214 of the Elections Code is amended to read:13214.

The left-hand side of the first column of names on the ballot and the right-hand side of the last column of voting targets All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.Section 13216 of the Elections Code is repealed.13216.(a)On each ballot a horizontal non-solid-ruled line shall extend across the top of the ballot below the horizontal perforated line. The same number appearing on the stub shall be printed above the horizontal, non-solid-ruled line on the left side of the ballot. Above this number shall be printed in parentheses in small type as follows: (This number shall be torn off by a precinct board member and handed to the voter.). The words I HAVE VOTEDHAVE YOU? may also be printed immediately above or below the number.(b)(1)Next to the ballot number there shall be a short vertical perforated rule or line extending upward from the horizontal non-solid-ruled line to the horizontal perforated line. Immediately above this horizontal non-solid-ruled line shall be printed in boldface lowercase type, at least 12-point in size, enclosed in parentheses, the following: Fold ballot to this line leaving top margin exposed.(2)Above this printed direction and midway between it and the top edge of the ballot shall be printed in boldface uppercase type, at least 12-point in size, the following: Mark the ballot with pen or pencil.(3)Below this direction and midway between it and the next line shall be printed in boldface uppercase type, at least 12-point in size, enclosed in parentheses and with the first four and last five words underlined or otherwise made prominent, the following: (VOTE BY MAIL BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.)(c)A ballot stub is not required if the information listed in subdivisions (a) and (b) is presented to the voter on a separate form accompanying the ballot.SEC. 33.Section 13216 is added to the Elections Code, to read:13216.

A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.Section 13216.5 of the Elections Code is repealed.13216.5.A ballot stub may be used, but is not required, for a ballot produced on demand if the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the system generating the ballot for use. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.SEC. 35.Section 13233 of the Elections Code is amended to read:13233.

In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:

(a)The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.

(b)The designation of the office and any other words required to be at the top of a single column the contest shall be printed across the top of the entire double column with no dividing line. The words Vote for one, Vote for two, or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.

(c)The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.

(d)The double column shall be used for no more than one office and for no more than one term for any office.

(e)The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.Section 13260 of the Elections Code is repealed.13260.In approving ballots and ballot cards, the Secretary of State shall not give his or her approval unless the following are true:(a)The size, shape, and texture of the ballot card are suitable for use in the automatic device in which it is intended to be placed.(b)The ballot cards are so designed that they can readily be arranged with a section or ballot stub containing the serial number of the ballot and a section with places for the voter to slot or punch holes indicating his or her choices of candidates and votes on measures.(c)If the ballot is to consist of two or more series of cards, appropriate provision may be made for identifying the related series which comprise the ballot.SEC. 37.Section 13261 of the Elections Code is repealed.13261.(a)Each ballot card shall have two stubs attached. The stubs shall be separated from the ballot card and from each other by perforated lines so that they may be readily detached.(b)(1)One stub shall have the serial ballot number printed on it, and shall be detached from the remainder of the ballot before it is handed to the voter.(2)The second stub shall have printed on it all of the following:(A)The same ballot serial number.(B)The words This ballot stub shall be removed and retained by the voter.(C)The words OFFICIAL BALLOT in uppercase boldface type no smaller than 12 point.(D)In primary elections, the party name, e.g., Democratic Party, or the words Nonpartisan Ballot, as applicable.(E)The name of the county.(F)The date of the election.(G)Where not otherwise provided, instructions to the voter on how to mark the ballot with the marking device, how to vote for a candidate whose name is not printed on the ballot, and how to secure an additional ballot card if the ballot card is spoiled or marked erroneously.(3)If the information listed in subparagraphs (A) to (G), inclusive, of paragraph (2) must also appear in one or more languages other than English under the provisions of the federal Voting Rights Act of 1965 as extended by Public Law 94-73, and there is insufficient room for all the information to be set forth in all the required languages while at the same time appearing in a type size sufficiently large to be readable, the official in charge of the election may delete information set forth in subparagraphs (E) and (F) of paragraph (2), in the order listed, until there is sufficient room.(c)In addition to the instructions to voters printed on the ballot or ballot stub, there shall be displayed in each voting booth instructions to voters substantially in the same form and wording as appears on paper ballots.Precinct numbers may also be placed on the ballot.SEC. 38.Section 13262 of the Elections Code is repealed.13262.(a)The ballot shall contain the same material as to candidates and measures, and shall be printed in the same order as provided for paper ballots, and may be arranged in parallel columns on one or more ballot cards as required, except that the column in which the voter marks his or her choices may be at the left of the names of candidates and the designation of measures.(b)If there are a greater number of candidates for an office or for a party nomination for an office than the number whose names can be placed on one pair of facing ballot pages, a series of overlaying pages printed only on the same, single side shall be used, and the ballot shall be clearly marked to indicate that the list of candidates for the office is continued on the following page or pages. If the names of candidates for the office are not required to be rotated, they shall be rotated by groups of candidates in a manner so that the name of each candidate shall appear on each page of the ballot in approximately the same number of precincts as the names of all other candidates.(c)Space shall be provided on the ballot or on a separate write-in ballot to permit voters to write in names not printed on the ballot when authorized by law. The size of the voting square and the spacing of the material may be varied to suit the conditions imposed by the use of ballot cards, provided the size of the type is not reduced below the minimum size requirements set forth in Chapter 2 (commencing with Section 13100).(d)The statement of measure submitted to the voters may be abbreviated if necessary on the ballot, provided that each and every statement of measures on that ballot is abbreviated. Abbreviation of matters to be voted on throughout the state shall be composed by the Attorney General.SEC. 39.Section 13263 of the Elections Code is repealed.13263.The county voter information guide provided pursuant to Chapter 4 (commencing with Section 13300) shall be printed in either of two formats: (a) booklet form, or (b) on one or more sheets on one or both sides. The county voter information guide shall be printed on white or tinted paper and shall include a substantial facsimile of the ballot, including instructions to voters.SEC. 40.Section 13264 of the Elections Code is repealed.13264.If more than one ballot card is used at an election, different tints of cardboard stock or other suitable means may be used for each series of ballot cards to facilitate the sorting of ballots.SEC. 41.Section 13265 of the Elections Code is repealed.13265.If the number of offices and measures to be voted upon at an election cannot be accommodated on one ballot card, the elections official may, at his or her discretion, place part of the ballot upon more than one ballot card. He or she may also place part of the ballot upon the ballot card or ballot cards and the remainder upon paper, provided that a single ballot measure or the candidates for a single office may not be so split.SEC. 42.Section 13266 of the Elections Code is repealed.13266.If punchcard ballots are used for vote by mail voting, the ballots shall be marked by pencil, or by a marking device that enables the voter to register his or her vote by punching or slotting the ballot card. Counting of punchcard ballots marked by pencil may be as with paper ballots, or a true duplicate copy of each ballot may be prepared using the same procedure as provided by Section 15271. Vote by mail voter ballots so prepared shall be counted by the counting device.SEC. 43.Section 13267 of the Elections Code is repealed.13267.If an official ballot consisting of one or more individual ballot cards upon which the names of candidates and measures are printed is used for vote by mail voting, the two stubs specified in Section 13261 may be eliminated from the ballot cards by printing a group style number on each card and by printing the information required by subparagraphs (C), (D), (E), (F), and (G) of paragraph (2) of subdivision (b) of Section 13261 on a separate form accompanying the official ballot. If the two stubs are not eliminated, the language required by subparagraph (B) of paragraph (2) of subdivision (b) of Section 13261 to be printed on the second stub may be omitted.SEC. 44.Section 14284 of the Elections Code is repealed.14284.(a)All ballots, except vote by mail voter ballots, shall be marked only with the marking device provided by law.(b)To prevent voters from marking their ballots with a pen or pencil, at the time of delivering a ballot to a voter, the precinct officer shall distinctly state that the voter shall mark the ballot with the device provided by law or the ballot will not be counted.SEC. 45.Section 14284 is added to the Elections Code, to read:14284.

(a)All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.

(b)If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.Section 14285 of the Elections Code is repealed.14285.Where two or more candidates for the same office are to be elected, and the voter desires to vote for candidates for that office, the voter shall, by using the provided marking device, place a mark in the voting square, rectangle, or other specific voting space following the names of the candidates for that office for whom the voter intends to vote, not exceeding, however, the number of candidates to be elected.SEC. 47.Section 14285 is added to the Elections Code, to read:14285.

To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voters choice, up to the number of candidates to be elected.

SEC. 48.Section 14286 of the Elections Code is amended to read:14286.

When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space opposite next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.Section 14443 of the Elections Code is amended to read:14443.

If ballots are counted by means of electronic, electromechanical, or punchcard device, electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.Section 15210 of the Elections Code is amended to read:15210.

In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled duplicate, as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.Section 15211 of the Elections Code is repealed.15211.If paper ballots are used for vote by mail voting, the canvass may be conducted in accordance with Chapter 1 (commencing with Section 15000), or the elections official may have a true duplicate copy of vote by mail voter paper ballots made on punchcard ballots that shall be verified in the presence of witnesses. After verification the punchcard ballots shall be counted in the same manner as other punchcard ballots.SEC. 52.Section 15360 of the Elections Code is amended to read:15360.

(a)During the official canvass of every election in which a voting system is used, the official conducting the election elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1)(A)A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B)(i)In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii)The elections official may, at his or her the elections officials discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2)A two-part public manual tally, which includes both of the following:

(A)A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B)(i)A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii)For purposes of this section, a batch means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii)(I)In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II)The elections official may, at his or her the elections officials discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)If vote by mail ballots are cast on a direct recording electronic voting system at the office of an elections official or at a satellite location of the office of an elections official pursuant to Section 3018, the official conducting the election shall either include those ballots in the manual tally conducted pursuant to paragraph (1) or (2) of subdivision (a), or conduct a public manual tally of those ballots cast on no fewer than 1 percent of all the direct recording electronic voting machines used in that election chosen at random by the elections official.(c)

(b)The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(d)

(c)The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(e)

(d)The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(f)

(e)The elections official conducting the election shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by means of a punchcard voting system or by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Date	Status
Oct 10, 2023	Chaptered by Secretary of State - Chapter 676, Statutes of 2023.
Oct 10, 2023	Approved by the Governor.
Sep 15, 2023	Enrolled and presented to the Governor at 4 p.m.
Sep 11, 2023	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3181.).
Sep 7, 2023	Assembly Rule 77 suspended. (Page 3011.)
Sep 6, 2023	In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Sep 6, 2023	Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2426.).
Sep 5, 2023	Read second time. Ordered to third reading.
Sep 1, 2023	Read third time and amended. Ordered to second reading.
Jun 27, 2023	Read second time. Ordered to third reading.
Jun 26, 2023	From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Jun 12, 2023	Read second time and amended. Re-referred to Com. on APPR.
Jun 8, 2023	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 6).
May 30, 2023	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.
May 17, 2023	Referred to Com. on E. & C.A.
May 4, 2023	In Senate. Read first time. To Com. on RLS. for assignment.
May 4, 2023	Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1462.)
Apr 27, 2023	Read second time. Ordered to Consent Calendar.
Apr 26, 2023	From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
Apr 3, 2023	Re-referred to Com. on APPR.
Mar 30, 2023	Read second time and amended.
Mar 29, 2023	From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 29).
Mar 2, 2023	Referred to Com. on ELECTIONS.
Feb 17, 2023	From printer. May be heard in committee March 19.
Feb 16, 2023	Read first time. To print.

Date	Description	Location	Votes
Sep 11, 2023	AB 1219 Berman Concurrence in Senate Amendments	Assembly Floor	80 0 0 Passed
Sep 6, 2023	Assembly 3rd Reading AB1219 Berman By Stern	Senate Floor	40 0 0 Passed
Jun 6, 2023	Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]	Senate Standing Committee on Elections and Constitutional Amendments	7 0 0 Passed
May 4, 2023	AB 1219 Berman Consent Calendar Second Day Regular Session	Assembly Floor	75 0 5 Passed
Apr 26, 2023	Do pass. To Consent Calendar.	Assembly Standing Committee on Appropriations	16 0 0 Passed
Mar 29, 2023	Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar	Assembly Standing Committee on Elections	8 0 0 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
California Association of Clerks and Election Officials	** Support
Disability Rights California	** Support
Secretary of State Shirley N. Weber, Ph.D.	** Support

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1219

Author:(Berman)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Deletes, revises, and recasts ballot design requirements, as specified.

Senate Amendments

Revise the definitions of "ballot" and "ballot label," and make other technical changes.

COMMENTS

AB 623 (Berman), Chapter 863, Statutes of 2019, made numerous changes to the way ballots are formatted. AB 623's goal was to update outdated ballot design requirements and allow county election officials the flexibility to create a ballot that contains all the required contests in a manner that is accessible and easy to read, allowing voters to have a better voting experience.

Additionally, AB 623 required the Secretary of State (SOS) to establish the ballot design advisory committee (BDAC) to assist with promulgating regulations that prescribe ballot design and format. The BDAC is required to consist of staff from the Office of the SOS and appointed committee members who have demonstrated experience in ballot design and knowledge of presenting voters with elections materials in plain language.

The SOS established the BDAC in April 2021, and held its first public meeting on July 8, 2021. Committee members consisted of local elections officials, voting system vendors, and experts from the nonprofit sector. The BDAC engaged the Center for Civic Design and included representatives from 18 county elections offices. It held nine public meetings in 2021 and 2022, culminating with the issuance of an August 2022 report making numerous recommendations for changes to the Elections Code.

The BDAC's report provides three central recommendations: 1) increase readability and usability of ballots, and provide elections officials with the flexibility needed to meet voter needs; 2) eliminate obsolete sections of the Elections Code affecting ballot design; and, 3) promulgate regulations and/or resources that provide elections officials and voting system vendors with guidance and best practices on ballot design. This bill implements recommendations from the BDAC.

The Senate amendments revise the definitions of "ballot" and "ballot label," and make other technical changes. This bill, as amended in the Senate, is consistent with Assembly actions.

According to the Author

"The need to rethink ballot design rules came to my attention through discussions I had with constituents leading up to local elections held in November 2018. Voters were confused about how to vote in certain local races. It was clear that our existing laws for ballot design were outdated and needed a comprehensive review in order to meet the needs of our state's greatest strength – our diverse population and communities.

"I authored legislation in 2019 to establish the Ballot Design Advisory Committee, which under the Secretary of State, brought together recognized ballot design experts and county elections officials to thoughtfully consider how we might update our laws…AB 1219 would implement the recommendations of the Ballot Design Advisory Committee. This would enhance voters' experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly."

Arguments in Support

The sponsor of this bill, the Secretary of State Shirley N. Weber PhD., writes, "Specifically, AB 1219 updates statutory provisions to make ballot instructions and wording more voter friendly. This measure codifies the BDAC goals to enhance the readability of ballots by increasing font sizes, making voting targets easier for voters to identify, and incorporating the use of plain language. In addition, AB 1219 provides elections officials with the flexibility needed to meet the visual needs of voters while eliminating obsolete statutes that no longer apply to voting systems approved for use in California. Passage of this measure is necessary to deliver the improvements to the voting experience recommended by the BDAC."

Arguments in Opposition

None received.

FISCAL COMMENTS

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

VOTES:

ASM ELECTIONS: 8-0-0

YES: Bryan, Lackey, Bennett, Essayli, Lee, Low, Pellerin, Blanca Rubio

ASM APPROPRIATIONS: 16-0-0

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson

ASSEMBLY FLOOR: 75-0-5

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Flora, McKinnor, Muratsuchi, Wallis, Wicks

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: September 1, 2023

CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0001829

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 1219

THIRD READING

Bill No: AB 1219

Author: Berman (D)

Amended: 9/1/23 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 7-0, 6/6/23

AYES: Glazer, Nguyen, Allen, McGuire, Menjivar, Newman, Umberg

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 5/4/23 (Consent) - See last page for vote

SUBJECT: Elections: ballots

SOURCE: Secretary of State Shirley N. Weber, Ph.D.

DIGEST:

This bill makes various changes and revisions to ballot design requirements, as specified.

Senate Floor Amendments of 9/1/23 change “electronic device” to “electronic voting system” for the purposes of a ballot presentation upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching a screen or using other physical controls. The amendments also remove a provision from the bill relating to additional instructions for presidential primary elections.

ANALYSIS:

Existing law:

Defines a “ballot” to mean any of the following:
1. The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
2. One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
3. One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
4. An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. Permits an electronic touchscreen to qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
Defines a “ballot card” to mean a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. Requires a ballot card to also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used, as specified.
Defines a “ballot label” to mean that portion of the ballot containing the names of the candidates or a statement of a measure. Requires the ballot label, for statewide measures, to contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide.
Requires, across the top of the ballot, to be printed in boldface capital type not smaller than 30-point, the words “OFFICIAL BALLOT.” Requires beneath this heading, in the case of a partisan primary election, to be printed in 18-point boldface capital type the official party designation or the words “NONPARTISAN BALLOT” as applicable.
Requires the ballot to contain specified instructions to voters, printed in specific type sizes, informing a voter how to mark the contests listed on the ballot, as specified.
Prohibits ballots not printed in accordance with existing law from being cast or counted at any election.
Requires specified ballot instructions to be printed on a partisan ballot for a direct primary election and a ballot used in a statewide general election that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest.
Requires specified ballot stub printing requirements.
Specifies requirements for punch card voting systems.
Requires a ballot to be marked with only the marking device provided by law.
Requires specified ballot instructions be provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Requires a manual tally to be conducted on a DRE voting system, as specified.
Requires specified ballot instructions to voters to be printed on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Requires the Secretary of State (SOS) to establish a ballot design advisory committee (BDAC) to assist with promulgating regulations that prescribe ballot design and format, as specified.
Requires ballot headings, instructions, and other ballot layout specifications to be printed on the ballot in specific font sizes, types, and certain locations on the ballot, as specified.

This bill:

Revises and recasts the definition of a “ballot.” Defines a “ballot” to mean the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. Requires ballot presentations to include either of the following:
1. One or more ballot cards, as specified, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. Provides that a ballot card may include visual graphics and instructions.
2. An electronic device, certified or conditionally approved by the SOS, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. Requires the electronic device to print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.
Removes obsolete provisions of law related to write-in ballot cards.
Revises and recasts the definition of a “ballot label,” as specified.
Deletes an obsolete provision of law that requires a voter to stamp a cross (+) in the square opposite the name of the candidate, and instead requires a voter to completely fill in the voting target next to the candidate’s name.
Requires additional instructions to be added to the ballot in a recall election for a state officer to communicate that there are two contests on the ballot and that the two contests are separate and can be voted on independently. Recommends the following instructions to voters be added to the ballot: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”
Requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.
Deletes provisions of law that prohibit a ballot not printed in accordance with existing ballot layout requirements from being cast or counted at any election, and instead prohibits ballots not printed in substantial compliance with existing ballot layout requirements from being cast or counted at any election.
Provides that for multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.
Decreases the font size and removes capitalization from headings that appear on the first page of the ballot. Allows a county to display their county seal or logo on the first page of the ballot, as specified.
Deletes provisions of law that require specified instructions to voters to be printed on the ballot informing a voter how to mark their ballot, and instead revises and recasts those provisions, and requires those instructions to communicate to voters, in plain language, how to cast a vote in a contest printed on the ballot, how to write in the name of a write-in candidate, and what to do if a mistake is made, and provides recommended sample text to be printed on the ballot, as specified.
Revises and recasts ballot instructions provided to voters on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Removes, updates, and revises ballot instructions to voters that specify the font, type size, and location of certain text for certain candidate contests, as specified.
Deletes and revises ballot printing space requirements, as specified.
Repeals specified ballot stub printing requirements, and instead permits a ballot stub to be used for a ballot, and allows a ballot to contain printed and distinguishing marks if the secrecy in voting is protected, as specified.
Deletes obsolete provisions of law related to punch card voting systems.
Repeals and revises provisions of law that require a ballot to be marked only with the marking device provided or recommended by the elections official, as specified.
Deletes, updates, and revises specified ballot instructions provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Repeals outdated requirements for conducting a manual tally on a direct recording electronic (DRE) voting system, as specified.
Deletes, updates, and revises various ballot printing requirements that specify font size, style, location, and voting target locations. Makes other minor and technical ballot layout changes.
Makes technical, clarifying, and conforming changes.

Background

Ballot Design Advisory Committee Report and Recommendations. The SOS established the BDAC in April 2021 and held its first public meeting on July 8, 2021. Committee members consisted of local elections officials, voting system vendors, and experts from the nonprofit sector. The BDAC engaged the Center for Civic Design and included representatives from 18 county elections offices. It held nine public meetings in 2021 and 2022, culminating with the issuance of an August 2022 report making numerous recommendations for changes to the Elections Code.

According to the report, the BDAC generally found that providing elections officials with more flexibility to design ballots than current law provides will benefit voters in terms of increased usability and readability. The report states that while local elections offices work diligently to comply with all legal requirements, the BDAC finds that strict adherence has a negative impact on ballot design and, consequently, voters rely on officials to cut through the complexity of an election and explain, simply and concisely, how voting works.

The BDAC’s report provides three central recommendations: 1) increase readability and usability of ballots, and provide elections officials with the flexibility needed to meet voter needs; 2) eliminate obsolete sections of the elections code affecting ballot design; and 3) promulgate regulations and/or resources that provide elections officials and voting system vendors with guidance and best practices on ballot design. Specifically, the report outlines the following key recommendations:

Provide ballot instructions in plain language so that voters may easily understand the nature of every election and how to mark a ballot.
Update font size requirements to provide flexibility for jurisdictions providing multilingual ballots.
Allow elections officials to be in “substantial compliance” with ballot design requirements in order to prevent an administrative error or design characteristic from inadvertently invalidating ballots.
Codify ballot instructions for recall elections, which are not currently in law.
Reformat instructions and the location for party nominated, voter nominated, and nonpartisan contests using plain language explanations.
Eliminate references to punch cards and DREs, as these types of voting systems are no longer certified for use in California.
Update font, voting target, and other recommendations to provide consistency with the federal Voluntary Voting System Guidelines (version 2.0).
Eliminate the required use of capitalization when presenting instructions to voters to increase readability and accessibility.

This bill implements recommendations from the BDAC.

Comments

According to the author, the need to rethink ballot design rules came to my attention through discussions I had with constituents leading up to local elections held in 2018. Voters were confused about how to vote in certain local races. It was clear that our existing laws for ballot design were outdated and needed a comprehensive review in order to meet the needs of our state’s greatest strength – our diverse population and communities.

AB 1219 would implement the recommendations of the Ballot Design Advisory Committee. This would enhance voters’ experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly.

Related/Prior Legislation

AB 623 (Berman, Chapter 863, Statutes of 2019) made numerous changes to the way ballots are formatted and required the SOS to establish a ballot design advisory committee to assist with promulgating regulations that prescribe ballot design and format.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 9/5/23)

Secretary of State Shirley N. Weber, Ph.D. (source)

California Association of Clerks and Election Officials

Disability Rights California

One individual

OPPOSITION: (Verified 9/5/23)

None received

ASSEMBLY FLOOR: 75-0, 5/4/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Flora, McKinnor, Muratsuchi, Wallis, Wicks

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

9/5/23 12:36:33

**** END ****

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 1219

THIRD READING

Bill No: AB 1219

Author: Berman (D)

Amended: 6/12/23 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 7-0, 6/6/23

AYES: Glazer, Nguyen, Allen, McGuire, Menjivar, Newman, Umberg

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 5/4/23 (Consent) - See last page for vote

SUBJECT: Elections: ballots

SOURCE: Secretary of State Shirley N. Weber, Ph.D.

DIGEST:

This bill makes various changes and revisions to ballot design requirements, as specified.

ANALYSIS:

Existing law:

Defines a “ballot” to mean any of the following:
1. The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
2. One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
3. One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
4. An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. Permits an electronic touchscreen to qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
Defines a “ballot card” to mean a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. Requires a ballot card to also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used, as specified.
Defines a “ballot label” to mean that portion of the ballot containing the names of the candidates or a statement of a measure. Requires the ballot label, for statewide measures, to contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide.
Requires, across the top of the ballot, to be printed in boldface capital type not smaller than 30-point, the words “OFFICIAL BALLOT.” Requires beneath this heading, in the case of a partisan primary election, to be printed in 18-point boldface capital type the official party designation or the words “NONPARTISAN BALLOT” as applicable.
Requires the ballot to contain specified instructions to voters, printed in specific type sizes, informing a voter how to mark the contests listed on the ballot, as specified.
Prohibits ballots not printed in accordance with existing law from being cast or counted at any election.
Requires specified ballot instructions to be printed on a partisan ballot for a direct primary election and a ballot used in a statewide general election that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest.
Requires specified ballot stub printing requirements.
Specifies requirements for punch card voting systems.
Requires a ballot to be marked with only the marking device provided by law.
Requires specified ballot instructions be provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Requires a manual tally to be conducted on a DRE voting system, as specified.
Requires specified ballot instructions to be printed on presidential election ballots instructing a voter how to vote for a party’s nomination for President, and electors of President and Vice President, as specified.
Requires specified ballot instructions to voters to be printed on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Requires the Secretary of State (SOS) to establish a ballot design advisory committee (BDAC) to assist with promulgating regulations that prescribe ballot design and format, as specified.
Requires ballot headings, instructions, and other ballot layout specifications to be printed on the ballot in specific font sizes, types, and certain locations on the ballot, as specified.

This bill:

Revises and recasts the definition of a “ballot.” Defines a “ballot” to mean the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. Requires ballot presentations to include either of the following:
1. One or more ballot cards, as specified, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. Provides that a ballot card may include visual graphics and instructions.
2. An electronic device, certified or conditionally approved by the SOS, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. Requires the electronic device to print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.
Removes obsolete provisions of law related to write-in ballot cards.
Revises and recasts the definition of a “ballot label.” Defines a “ballot label” to mean:
1. For a candidate, the combination of candidate name and candidate designation.
2. For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guides, as specified.
3. For all other measures, the questions and statements in accordance with existing law, as specified.
Deletes an obsolete provision of law that requires a voter to stamp a cross (+) in the square opposite the name of the candidate, and instead requires a voter to completely fill in the voting target next to the candidate’s name.
Requires additional instructions to be added to the ballot in a recall election for a state officer to communicate that there are two contests on the ballot and that the two contests are separate and can be voted on independently. Recommends the following instructions to voters be added to the ballot: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”
Requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.
Deletes provisions of law that prohibit a ballot not printed in accordance with existing ballot layout requirements from being cast or counted at any election, and instead prohibits ballots not printed in substantial compliance with existing ballot layout requirements from being cast or counted at any election.
Provides that for multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.
Decreases the font size and removes capitalization from headings that appear on the first page of the ballot. Allows a county to display their county seal or logo on the first page of the ballot, as specified.
Deletes provisions of law that require specified instructions to voters to be printed on the ballot informing a voter how to mark their ballot, and instead revises and recasts those provisions, and requires those instructions to communicate to voters, in plain language, how to cast a vote in a contest printed on the ballot, how to write in the name of a write-in candidate, and what to do if a mistake is made, and provides recommended sample text to be printed on the ballot, as specified.
Revises and recasts ballot instructions printed on presidential election ballots that instruct a voter how to vote for a party’s nomination for President, and how to vote for electors of President and Vice President, as specified.
Revises and recasts ballot instructions provided to voters on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Removes, updates, and revises ballot instructions to voters that specify the font, type size, and location of certain text for certain candidate contests, as specified.
Deletes and revises ballot printing space requirements, as specified.
Repeals specified ballot stub printing requirements, and instead permits a ballot stub to be used for a ballot, and allows a ballot to contain printed and distinguishing marks if the secrecy in voting is protected, as specified.
Deletes obsolete provisions of law related to punch card voting systems.
Repeals and revises provisions of law that require a ballot to be marked only with the marking device provided or recommended by the elections official, as specified.
Deletes, updates, and revises specified ballot instructions provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Repeals outdated requirements for conducting a manual tally on a direct recording electronic (DRE) voting system, as specified.
Deletes, updates, and revises various ballot printing requirements that specify font size, style, location, and voting target locations. Makes other minor and technical ballot layout changes.
Makes technical, clarifying, and conforming changes.

Background

Ballot Design Advisory Committee and Previous Legislation. AB 623 (Berman, Chapter 863, Statutes of 2019) made numerous changes to the way ballots are formatted. AB 623’s goal was to update outdated ballot design requirements and allow county election officials the flexibility to create a ballot that contains all the required contests in a manner that is accessible and easy to read, allowing voters to have a better voting experience. Additionally, with a large majority of counties purchasing new voting systems for use in the 2020 election cycle, the changes made in AB 623 allowed counties to create ballots that comply with new voting systems and enhance the voting experience for voters.

AB 623 also required the SOS to establish the BDAC to assist with promulgating regulations that prescribe ballot design and format. The BDAC is required to consist of staff from the Office of the SOS and appointed committee members who have demonstrated experience in ballot design and knowledge of presenting voters with elections materials in plain language.

Ballot Design Advisory Committee Report and Recommendations. The SOS established the BDAC in April 2021 and held its first public meeting on July 8, 2021. Committee members consisted of local elections officials, voting system vendors, and experts from the nonprofit sector. The BDAC engaged the Center for Civic Design and included representatives from 18 county elections offices. It held nine public meetings in 2021 and 2022, culminating with the issuance of an August 2022 report making numerous recommendations for changes to the Elections Code.

According to the report, the BDAC generally found that providing elections officials with more flexibility to design ballots than current law provides will benefit voters in terms of increased usability and readability. The report states that while local elections offices work diligently to comply with all legal requirements, the BDAC finds that strict adherence has a negative impact on ballot design and, consequently, voters rely on officials to cut through the complexity of an election and explain, simply and concisely, how voting works.

The BDAC’s report provides three central recommendations: 1) increase readability and usability of ballots, and provide elections officials with the flexibility needed to meet voter needs; 2) eliminate obsolete sections of the elections code affecting ballot design; and 3) promulgate regulations and/or resources that provide elections officials and voting system vendors with guidance and best practices on ballot design. Specifically, the report outlines the following key recommendations:

Provide ballot instructions in plain language so that voters may easily understand the nature of every election and how to mark a ballot.
Update font size requirements to provide flexibility for jurisdictions providing multilingual ballots.
Allow elections officials to be in “substantial compliance” with ballot design requirements in order to prevent an administrative error or design characteristic from inadvertently invalidating ballots.
Codify ballot instructions for recall elections, which are not currently in law.
Reformat instructions and the location for party nominated, voter nominated, and nonpartisan contests using plain language explanations.
Eliminate references to punch cards and DREs, as these types of voting systems are no longer certified for use in California.
Update font, voting target, and other recommendations to provide consistency with the federal Voluntary Voting System Guidelines (version 2.0).
Eliminate the required use of capitalization when presenting instructions to voters to increase readability and accessibility.

This bill implements recommendations from the BDAC.

New Recall Ballot Instructions. One of the key recommendations from the BDAC is to codify ballot instructions for recall elections, which are not currently in law. Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate. During the September 2021 statewide gubernatorial recall election, due to misinformation about the voting process, some BDAC members and their staff fielded phone calls and questions from concerned voters about how to mark their ballot in a meaningful way. For example, the report states that concerned voters were worried that a “No” vote on the recall would preclude an elections officials from counting a vote for a replacement candidate. Additionally, although county elections officials had state guidance on what the recall ballot instructions should include, many BDAC members believed that the instructions were not clear enough to address voters’ immediate concerns.

According to the report, providing voters with simple, clear instructions may not address every voter’s concern, but it can provide answers to common questions about the nature of an election and how to mark a ballot. Accordingly, the BDAC recommends changes to the instructions at the top of the ballot and proposes a more general recommendation for recall election ballots that allows local elections officials to take into account the exact format of the ballot.

This bill requires a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests: one for whether to recall the officer and the other for the officer’s successor if the recall is successful, and that voters may cast a vote in either or both of those contests. This bill also provides the following examples for the above instructions: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.” This bill also requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.

National Conference of State Legislatures (NCSL) Ballot Design Report. According to a 2011 report by the NCSL, good design does not mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability and applies to polling place signs, ballots, absentee ballot envelopes, voter information cards, voter registration applications—every piece of paper, image, or webpage about an election. The report acknowledges that good design is also a moving target and what was state-of-the-art in 1920 may be hard-to-read now. Back then, ballot designers had few options to make words stand out, so many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.

The NCSL report suggests the following to improve ballot design: 1) ask state election officials for a review of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements; 2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome later on; 3) adopt “plain language” requirements for ballots; 4) use a design checklist; 5) require, or at least encourage, usability testing of ballots; 6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design; or 7) fund a “design fellow” position in a state’s elections office.

Comments

According to the author, the need to rethink ballot design rules came to my attention through discussions I had with constituents leading up to local elections held in 2018. Voters were confused about how to vote in certain local races. It was clear that our existing laws for ballot design were outdated and needed a comprehensive review in order to meet the needs of our state’s greatest strength – our diverse population and communities.

AB 1219 would implement the recommendations of the Ballot Design Advisory Committee. This would enhance voters’ experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly.

Ballot Presentations. AB 1219 modifies the definition of a “ballot” and defines the term as “the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.” The definition of “ballot” also includes requirements for “ballot presentations.” “Ballot presentations” includes two options: (1) one or more ballot cards upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment, or (2) an electronic device upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. For the electronic device, the device must be certified or conditionally approved by the SOS. It is possible that a voter is using a home computer or other device to complete their ballot remotely. While the software program is certified or conditionally approved by the SOS, the device used at home is not.

Related/Prior Legislation

AB 623 (Berman, Chapter 863, Statutes of 2019) made numerous changes to the way ballots are formatted and required the SOS to establish a ballot design advisory committee to assist with promulgating regulations that prescribe ballot design and format.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/27/23)

Secretary of State Shirley N. Weber, Ph.D. (source)

California Association of Clerks and Election Officials

Disability Rights California

One individual

OPPOSITION: (Verified 6/27/23)

None received

ASSEMBLY FLOOR: 75-0, 5/4/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Flora, McKinnor, Muratsuchi, Wallis, Wicks

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

6/28/23 10:43:27

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: 1219 Hearing Date: 6/6/23

Author:	Berman
Version:
Urgency:		Fiscal:
Consultant:

Subject:

DIGEST

This bill makes various changes and revisions to ballot design requirements, as specified.

ANALYSIS

Existing law:

Defines a “ballot” to mean any of the following:
1. The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
2. One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
3. One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
4. An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. Permits an electronic touchscreen to qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
Defines a “ballot card” to mean a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. Requires a ballot card to also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used, as specified.
Defines a “ballot label” to mean that portion of the ballot containing the names of the candidates or a statement of a measure. Requires the ballot label, for statewide measures, to contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide.
Requires, across the top of the ballot, to be printed in boldface capital type not smaller than 30-point, the words “OFFICIAL BALLOT.” Requires beneath this heading, in the case of a partisan primary election, to be printed in 18-point boldface capital type the official party designation or the words “NONPARTISAN BALLOT” as applicable.
Requires the ballot to contain specified instructions to voters, printed in specific type sizes, informing a voter how to mark the contests listed on the ballot, as specified.
Prohibits ballots not printed in accordance with existing law from being cast or counted at any election.
Requires specified ballot instructions to be printed on a partisan ballot for a direct primary election and a ballot used in a statewide general election that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest.
Requires specified ballot stub printing requirements.
Specifies requirements for punch card voting systems.
Requires a ballot to be marked with only the marking device provided by law.
Requires specified ballot instructions be provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Requires a manual tally to be conducted on a DRE voting system, as specified.
Requires specified ballot instructions to be printed on presidential election ballots instructing a voter how to vote for a party’s nomination for President, and electors of President and Vice President, as specified.
Requires specified ballot instructions to voters to be printed on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Requires the Secretary of State (SOS) to establish a ballot design advisory committee (BDAC) to assist with promulgating regulations that prescribe ballot design and format, as specified.
Requires ballot headings, instructions, and other ballot layout specifications to be printed on the ballot in specific font sizes, types, and certain locations on the ballot, as specified.

This bill:

Revises and recasts the definition of a “ballot.” Defines a “ballot” to mean the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. Requires ballot presentations to include either of the following:
1. One or more ballot cards, as specified, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. Provides that a ballot card may include visual graphics and instructions.
2. An electronic device, certified or conditionally approved by the SOS, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. Requires the electronic device to print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.
Removes obsolete provisions of law related to write-in ballot cards.
Revises and recasts the definition of a “ballot label.” Defines a “ballot label” to mean:
1. For a candidate, the combination of candidate name and candidate designation.
2. For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guides, as specified.
3. For all other measures, the questions in accordance with existing law for an initiative measure, for a referendum measure, or for an advisory vote.
Deletes an obsolete provision of law that requires a voter to stamp a cross (+) in the square opposite the name of the candidate, and instead requires a voter to completely fill in the voting target next to the candidate’s name.
Requires additional instructions to be added to the ballot in a recall election for a state officer to communicate that there are two contests on the ballot and that the two contests are separate and can be voted on independently. Recommends the following instructions to voters be added to the ballot: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”
Requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.
Deletes provisions of law that prohibit a ballot not printed in accordance with existing ballot layout requirements from being cast or counted at any election, and instead prohibits ballots not printed in substantial compliance with existing ballot layout requirements from being cast or counted at any election.
Provides that for multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.
Decreases the font size and removes capitalization from headings that appear on the first page of the ballot. Allows a county to display their county seal or logo on the first page of the ballot, as specified.
Deletes provisions of law that require specified instructions to voters to be printed on the ballot informing a voter how to mark their ballot, and instead revises and recasts those provisions, and requires those instructions to communicate to voters, in plain language, how to cast a vote in a contest printed on the ballot, how to write in the name of a write-in candidate, and what to do if a mistake is made, and provides recommended sample text to be printed on the ballot, as specified.
Revises and recasts ballot instructions printed on presidential election ballots that instruct a voter how to vote for a party’s nomination for President, and how to vote for electors of President and Vice President, as specified.
Revises and recasts ballot instructions provided to voters on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Removes, updates, and revises ballot instructions to voters that specify the font, type size, and location of certain text for certain candidate contests, as specified.
Deletes and revises ballot printing space requirements, as specified.
Repeals specified ballot stub printing requirements, and instead permits a ballot stub to be used for a ballot, and allows a ballot to contain printed and distinguishing marks if the secrecy in voting is protected, as specified.
Deletes obsolete provisions of law related to punch card voting systems.
Repeals and revises provisions of law that require a ballot to be marked only with the marking device provided or recommended by the elections official, as specified.
Deletes, updates, and revises specified ballot instructions provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Repeals outdated requirements for conducting a manual tally on a direct recording electronic (DRE) voting system, as specified.
Deletes, updates, and revises various ballot printing requirements that specify font size, style, location, and voting target locations. Makes other minor and technical ballot layout changes.
Makes technical, clarifying, and conforming changes.

BACKGROUND

Ballot Design Advisory Committee and Previous Legislation. AB 623 (Berman), Chapter 863, Statutes of 2019, made numerous changes to the way ballots are formatted. AB 623’s goal was to update outdated ballot design requirements and allow county election officials the flexibility to create a ballot that contains all the required contests in a manner that is accessible and easy to read, allowing voters to have a better voting experience. Additionally, with a large majority of counties purchasing new voting systems for use in the 2020 election cycle, the changes made in AB 623 allowed counties to create ballots that comply with new voting systems and enhance the voting experience for voters.

AB 623 also required the SOS to establish the BDAC to assist with promulgating regulations that prescribe ballot design and format. The BDAC is required to consist of staff from the Office of the SOS and appointed committee members who have demonstrated experience in ballot design and knowledge of presenting voters with elections materials in plain language.

Ballot Design Advisory Committee Report and Recommendations. The SOS established the BDAC in April 2021 and held its first public meeting on July 8, 2021. Committee members consisted of local elections officials, voting system vendors, and experts from the nonprofit sector. The BDAC engaged the Center for Civic Design and included representatives from 18 county elections offices. It held nine public meetings in 2021 and 2022, culminating with the issuance of an August 2022 report making numerous recommendations for changes to the Elections Code.

According to the report, the BDAC generally found that providing elections officials with more flexibility to design ballots than current law provides will benefit voters in terms of increased usability and readability. The report states that while local elections offices work diligently to comply with all legal requirements, the BDAC finds that strict adherence has a negative impact on ballot design and, consequently, voters rely on officials to cut through the complexity of an election and explain, simply and concisely, how voting works.

The BDAC’s report provides three central recommendations: 1) increase readability and usability of ballots, and provide elections officials with the flexibility needed to meet voter needs; 2) eliminate obsolete sections of the elections code affecting ballot design; and 3) promulgate regulations and/or resources that provide elections officials and voting system vendors with guidance and best practices on ballot design. Specifically, the report outlines the following key recommendations:

Provide ballot instructions in plain language so that voters may easily understand the nature of every election and how to mark a ballot.
Update font size requirements to provide flexibility for jurisdictions providing multilingual ballots.
Allow elections officials to be in “substantial compliance” with ballot design requirements in order to prevent an administrative error or design characteristic from inadvertently invalidating ballots.
Codify ballot instructions for recall elections, which are not currently in law.
Reformat instructions and the location for party nominated, voter nominated, and nonpartisan contests using plain language explanations.
Eliminate references to punch cards and DREs, as these types of voting systems are no longer certified for use in California.
Update font, voting target, and other recommendations to provide consistency with the federal Voluntary Voting System Guidelines (version 2.0).
Eliminate the required use of capitalization when presenting instructions to voters to increased readability and accessibility.

This bill implements recommendations from the BDAC.

New Recall Ballot Instructions. One of the key recommendations from the BDAC is to codify ballot instructions for recall elections, which are not currently in law. Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate. During the September 2021 statewide gubernatorial recall election, due to misinformation about the voting process, some BDAC members and their staff fielded phone calls and questions from concerned voters about how to mark their ballot in a meaningful way. For example, the report states that concerned voters were worried that a “No” vote on the recall would preclude an elections officials from counting a vote for a replacement candidate. Additionally, although county elections officials had state guidance on what the recall ballot instructions should include, many BDAC members believed that the instructions were not clear enough to address voters’ immediate concerns.

According to the report, providing voters with simple, clear instructions may not address every voter’s concern, but it can provide answers to common questions about the nature of an election and how to mark a ballot. Accordingly, the BDAC recommends changes to the instructions at the top of the ballot and proposes a more general recommendation for recall election ballots that allows local elections officials to take into account the exact format of the ballot.

This bill requires a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests: one for whether to recall the officer and the other for the officer’s successor if the recall is successful, and that voters may cast a vote in either or both of those contests. This bill also provides the following examples for the above instructions: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.” This bill also requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.

National Conference of State Legislatures (NCSL) Ballot Design Report. According to a 2011 report by the NCSL, good design does not mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability and applies to polling place signs, ballots, absentee ballot envelopes, voter information cards, voter registration applications—every piece of paper, image, or webpage about an election. The report acknowledges that good design is also a moving target and what was state-of-the-art in 1920 may be hard-to-read now. Back then, ballot designers had few options to make words stand out, so many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.

The NCSL report suggests the following to improve ballot design: 1) ask state election officials for a review of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements; 2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome later on; 3) adopt “plain language” requirements for ballots; 4) use a design checklist; 5) require, or at least encourage, usability testing of ballots; 6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design; or, 7) fund a “design fellow” position in a state’s elections office.

COMMENTS

According to the author: The need to rethink ballot design rules came to my attention through discussions I had with constituents leading up to local elections held in 2018. Voters were confused about how to vote in certain local races. It was clear that our existing laws for ballot design were outdated and needed a comprehensive review in order to meet the needs of our state’s greatest strength – our diverse population and communities.

AB 1219 would implement the recommendations of the Ballot Design Advisory Committee. This would enhance voters’ experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly.

Ballot Presentations. AB 1219 modifies the definition of a “ballot” and defines the term as “the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.” The definition of “ballot” also includes requirements for “ballot presentations.” “Ballot presentations” includes two options: (1) a “ballot presentation could include one or more ballot cards upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment, or (2) an electronic device upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. For the electronic device, the device must be certified or conditionally approved by the SOS. It is possible that a voter is using a home computer or other device to complete their ballot remotely. While the software program is certified or conditionally approved by the SOS, the device used at home is not. Moving forward, the author, the committee, and SOS staff should work together to determine whether or not a home device needs to be certified or conditionally approved by the SOS.
Ballot Label – Suggested Amendment. Under current law, “ballot label” is defined as the portion of the ballot containing the names of the candidates or a statement of a measure. The definition also has other requirements for statewide measures. AB 1219 redefines “ballot label” to mean something specific for a candidate, a statewide measure, an initiative measure, a referendum measure, and an advisory vote. However, the definition does not include provisions related to a legislative ballot measure. Specifically, if a local jurisdiction places a measure on a ballot. Committee staff recommends that the bill be amended to include legislative ballot measures so that information on measures, such as bond or tax measures, are included within the definition of a “ballot label.”
Argument in Support. In a letter sponsoring AB 1219, Secretary of State Shirley N. Weber, Ph.D., stated, in part, the following:

AB 1219 updates statutory provisions to make ballot instructions and wording more voter friendly. This measure codifies the BDAC goals to enhance the readability of ballots by increasing font sizes, making voting targets easier for voters to identify, and incorporating the use of plain language.

In addition, AB 1219 provides elections officials with the flexibility needed to meet the visual needs of voters while eliminating obsolete statutes that no longer apply to voting systems approved for use in California. Passage of this measure is necessary to deliver the improvements to the voting experience recommended by the BDAC.

RELATED/PRIOR LEGISLATION

AB 623 (Berman), Chapter 863, Statutes of 2019, made numerous changes to the way ballots are formatted and required the SOS to establish a ballot design advisory committee to assist with promulgating regulations that prescribe ballot design and format.

PRIOR ACTION

Assembly Floor:	75 - 0
Assembly Appropriations Committee:	16 - 0
Assembly Committee:	8 - 0

POSITIONS

Sponsor: Secretary of State Shirley N. Weber, Ph.D.

Support: California Association of Clerks and Election Officials

One individual

Oppose: None received

-- END --

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1219

Author:(Berman) – As Amended Ver:March 30, 2023

Policy Committee:	Elections	Vote:	8 - 0

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

SUMMARY:

Revises ballot design requirements, as recommended by the Secretary of State’s (SOS’s) Ballot Design Advisory Committee (BDAC).

FISCAL EFFECT:

No costs to the SOS, as ballot content is determined at the county level based on statutory provisions.
By requiring a county elections official to follow new guidelines when determining ballot design and instructions, this bill may create a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the county could claim reimbursement from the state (General Fund). However, individual counties estimate one-time and per-election costs to be minor and absorbable, since this bill simplifies requirements for future ballots.

COMMENTS:

Purpose. According to the author, this bill codifies BDAC recommendations that will “enhance voters’ experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly.” This bill is sponsored by the SOS and supported by the California Association of Clerks and Elections Officials.
BDAC. AB 623 (Berman), Chapter 863, Statutes of 2019, updated outdated ballot design requirements and required the SOS to establish the BDAC to assist with promulgating regulations prescribing ballot design and format. The BDAC was comprised of local elections officials, voting system vendors, and experts from the non-profit sector, holding nine public meetings from 2021 to 2022. BDAC’s final report found that, while local elections officials work diligently to comply with all legal ballot design requirements, strict adherence to those requirements has a negative impact on ballot design, leading to voter confusion and questions. BDAC outlined the following key recommendations, which this bill codifies:
Provide ballot instructions in plain language so that voters may easily understand the nature of every election and how to mark a ballot.
Update font size requirements to provide flexibility for jurisdictions providing multilingual ballots.
Allow elections officials to be in “substantial compliance” with ballot design requirements in order to prevent an administrative error or design characteristic from inadvertently invalidating ballots.
Codify ballot instructions for recall elections, which are not currently in law.
Reformat instructions for party-nominated, voter-nominated, and nonpartisan contests using plain language explanations.
Eliminate references to punch cards and direct recording electronic voting machines, as these types of voting systems are no longer certified for use in California.
Update font, voting target, and other recommendations to provide consistency with the federal Voluntary Voting System Guidelines.
Eliminate the required use of capitalization when presenting instructions to voters to increase readability and accessibility.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: March 29, 2023

ASSEMBLY COMMITTEE ON ELECTIONS

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 1219 (

Author:Berman) – As Introduced Ver:February 16, 2023

SUBJECT: Elections: ballots.

SUMMARY: Revises and recasts ballot design requirements, as specified. Specifically, this bill:

Revises and recasts the definition of a “ballot.” Defines a “ballot” to mean the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. Permits the contents to be rendered using visual, auditory, or other methods of presentation, language, or graphics. Permits ballot presentations to include:
1. One or more sheets of paper upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
2. An electronic device on which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls.

Provides that the printed ballot produced by a ballot marking device may be a list of voter selections or may be a facsimile of a marked preprinted ballot.

Removes obsolete provisions of law related to write-in ballot cards.
Revises and recasts the definition of a “ballot label.” Defines a “ballot label” to mean:
1. For a candidate, the combination of candidate name and candidate designation.
2. For a statewide measure, the ballot title and summary pursuant to existing law.
3. For all other measures, the questions in accordance with existing law for an initiative measure, for a referendum measure, or for an advisory vote.
Deletes an obsolete provision of law that requires a voter to stamp a cross (+) in the square opposite the name of the candidate, and instead requires a voter to completely fill in the voting target next to the candidate’s name.
Requires additional instructions to be added to the ballot in a recall election for a state officer to communicate the following information:
1. That there are two contests on the ballot; and,
2. That the two contests are separate and can be voted on independently.

Recommends the following instructions to voters be added to the ballot:

“You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”

Requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.

Deletes provisions of law that prohibits a ballot not printed in accordance with existing ballot layout requirements from being cast or counted at any election, and instead prohibits ballots not printed in substantial compliance with existing ballot layout requirements from being cast or counted at any election.
Provides that for multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.
Decreases the font size and removes capitalization from headings that appear on the first page of the ballot. Allows a county to display their county seal or logo on the first page of the ballot, as specified.
Deletes provisions of law that require specified instructions to voters to be printed on the ballot informing a voter how to mark their ballot, and instead revises and recasts those provisions, and requires those instructions to communicate to voters, in plain language, how to cast a vote in a contest printed on the ballot, how to write in the name of a write-in candidate, and what to do if a mistake is made, and provides recommended sample text to be printed on the ballot, as specified.
Revises and recasts ballot instructions printed on presidential election ballots that instruct a voter how to vote for a party’s nomination for President, and how to vote for electors of President and Vice President, as specified.
Revises and recasts ballot instructions provided to voters on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified.
Removes, updates, and revises ballot instructions to voters that specify the font, type size, and location of certain text for certain candidate contests, as specified.
Deletes and revises ballot printing space requirements, as specified.
Repeals specified ballot stub printing requirements, and instead permits a ballot stub to be used for a ballot, and allows a ballot to contain printed and distinguishing marks if the secrecy in voting is protected, as specified.
Deletes obsolete provisions of law related to punch card voting systems.
Repeals and revises provisions of law that require a ballot to be marked only with the marking device provided or recommended by the elections official, as specified.
Deletes, updates, and revises specified ballot instructions provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected.
Repeals outdated requirements for conducting a manual tally on a direct recording electronic (DRE) voting system, as specified.
Deletes, updates, and revises various ballot printing requirements that specify font size, style and location, and voting target locations. Makes other minor and technical ballot layout changes.
Makes technical, clarifying, and conforming changes.

EXISTING LAW:

Defines a “ballot” to mean any of the following:
1. The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
2. One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
3. One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
4. An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. Permits an electronic touchscreen to qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment. (Elections Code §301)
Defines a “ballot card” to mean a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. Requires a ballot card to also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used, as specified. (Elections Code §302)
Defines a “ballot label” to mean that portion of the ballot containing the names of the candidates or a statement of a measure. Requires the ballot label, for statewide measures, to contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to existing law, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide. (Elections Code §303)
Requires, across the top of the ballot, to be printed in boldface capital type not smaller than 30-point, the words “OFFICIAL BALLOT.” Requires beneath this heading, in the case of a partisan primary election, to be printed in 18-point boldface capital type the official party designation or the words “NONPARTISAN BALLOT” as applicable. (Elections Code §13203)
Requires the ballot to contain specified instructions to voters, printed in specific type sizes, informing a voter how to mark the contests listed on the ballot, as specified. (Elections Code §13204)
Prohibits ballots not printed in accordance with existing law from being cast or counted at any election. (Elections Code §13200)
Requires specified ballot instructions to be printed on a partisan ballot for a direct primary election and a ballot used in a statewide general election that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest. (Elections Code §13206)
Requires specified ballot stub printing requirements. (Elections Code §13216)
Specifies requirements for punch card voting systems. (Elections Code §§13260, 13261, 13262, 13263, 13264, 13265, 13266, 13267, 14443, 15211, 15360)
Requires a ballot to be marked with only the marking device provided by law. (Elections Code §14284)
Requires specified ballot instructions be provided to a voter on how to cast a vote in a contest where two or more candidates for the same office are to be elected. (Elections Code §14285)
Requires a manual tally to be conducted on a DRE voting system, as specified. (Elections Code §15360(b))
Requires specified ballot instructions to be printed on presidential election ballots instructing a voter how to vote for a party’s nomination for President, and electors of President and Vice President, as specified. (Elections Code §§13205, 13206.5)
Requires specified ballot instructions to voters to be printed on a partisan ballot for a direct primary and a statewide general election ballot that instruct a voter how to cast a vote in a party-nominated office contest, a voter-nominated office contest, and a nonpartisan office contest, as specified. (Elections Code §§13206, 13206.5)
Requires the Secretary of State (SOS) to establish a ballot design advisory committee (BDAC) to assist with promulgating regulations that prescribe ballot design and format, as specified. (Elections Code §13218)
Requires ballot headings, instructions, and other ballot layout specifications to be printed on the ballot in specific font sizes, types, and certain locations on the ballot, as specified. (Elections Code §13200 et seq.)

FISCAL EFFECT: Unknown. State-mandated local program; contains reimbursement direction.

COMMENTS:

Purpose of the Bill: According to the author:

The need to rethink ballot design rules came to my attention through discussions I had with constituents leading up to local elections held in November 2018. Voters were confused about how to vote in certain local races. It was clear that our existing laws for ballot design were outdated and needed a comprehensive review in order to meet the needs of our state’s greatest strength – our diverse population and communities.

I authored legislation in 2019 to establish the Ballot Design Advisory Committee, which under the Secretary of State, brought together recognized ballot design experts and county elections officials to thoughtfully consider how we might update our laws. The report introduction best summarizes the need for a review and update, explaining:

Designing a ballot is a key component of administering every election. Ballot design not only affects the visual presentation of voter choices, but also the voter’s ability to know how to mark their ballot so that their vote will count. . . To best serve voters, ballots must be easy to understand and use, visually comprehensive, and avoid jargon. They must also give elections officials the ability to adjudicate and count the voter choices.

AB 1219 would implement the recommendations of the Ballot Design Advisory Committee. This would enhance voters’ experience by simplifying instructions and providing elections officials more flexibility when designing ballot layouts that are user friendly.

Ballot Design Advisory Committee and Previous Legislation: AB 623 (Berman), Chapter 863, Statutes of 2019, made numerous changes to the way ballots are formatted. AB 623’s goal was to update outdated ballot design requirements and allow county election officials the flexibility to create a ballot that contains all the required contests in a manner that is accessible and easy to read, allowing voters to have a better voting experience. Moreover, with a large majority of counties purchasing new voting systems for use in the 2020 election cycle, the changes made in AB 623 allowed counties to create ballots that comply with new voting systems and enhance the voting experience for voters.

Additionally, AB 623 required the SOS to establish the BDAC to assist with promulgating regulations that prescribe ballot design and format. The BDAC is required to consist of staff from the Office of the SOS and appointed committee members who have demonstrated experience in ballot design and knowledge of presenting voters with elections materials in plain language.
Ballot Design Advisory Committee Report and Recommendations: The SOS established the BDAC in April 2021, and held its first public meeting on July 8, 2021. Committee members consisted of local elections officials, voting system vendors, and experts from the nonprofit sector. The BDAC engaged the Center for Civic Design and included representatives from 18 county elections offices. It held nine public meetings in 2021 and 2022, culminating with the issuance of an August 2022 report making numerous recommendations for changes to the Elections Code.

According to the report, the BDAC generally found that providing elections officials with more flexibility to design ballots than current law provides will benefit voters in terms of increased usability and readability. The report states that while local elections offices work diligently to comply with all legal requirements, the BDAC finds that strict adherence has a negative impact on ballot design and, consequently, voters rely on officials to cut through the complexity of an election and explain, simply and concisely, how voting works.

The BDAC’s report provides three central recommendations: 1) increase readability and usability of ballots, and provide elections officials with the flexibility needed to meet voter needs; 2) eliminate obsolete sections of the elections code affecting ballot design; and, 3) promulgate regulations and/or resources that provide elections officials and voting system vendors with guidance and best practices on ballot design. Specifically, the report outlines the following key recommendations:

• Provide ballot instructions in plain language so that voters may easily understand the nature of every election and how to mark a ballot.

• Update font size requirements to provide flexibility for jurisdictions providing multilingual ballots.

• Allow elections officials to be in “substantial compliance” with ballot design requirements in order to prevent an administrative error or design characteristic from inadvertently invalidating ballots.

• Codify ballot instructions for recall elections, which are not currently in law.

• Reformat instructions and the location for party nominated, voter nominated, and nonpartisan contests using plain language explanations.

• Eliminate references to punch cards and DREs, as these types of voting systems are no longer certified for use in California.

• Update font, voting target, and other recommendations to provide consistency with the federal Voluntary Voting System Guidelines (version 2.0).

• Eliminate the required use of capitalization when presenting instructions to voters to increased readability and accessibility.

This bill implements recommendations from the BDAC.

New Recall Ballot Instructions: One of the key recommendations from the BDAC is to codify ballot instructions for recall elections, which are not currently in law. Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate. During the September 2021 statewide gubernatorial recall election, due to misinformation about the voting process, some BDAC members and their staff fielded phone calls and questions from concerned voters about how to mark their ballot in a meaningful way. For instance, the report states that concerned voters were worried that a “No” vote on the recall would preclude an elections officials from counting a vote for a replacement candidate. Moreover, although county elections officials had state guidance on what the recall ballot instructions should include, many BDAC members believed that the instructions were not clear enough to address voters’ immediate concerns.

According to the report, providing voters with simple, clear instructions may not address every voter’s concern, but it can provide answers to common questions about the nature of an election and how to mark a ballot. Accordingly, the BDAC recommends changes to the instructions at the top of the ballot and proposes a more general recommendation for recall election ballots that allows local elections officials to take into account the exact format of the ballot.

This bill requires a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests: one for whether to recall the officer and the other for the officer’s successor if the recall is successful, and that voters may cast a vote in either or both of those contests. Additionally, this bill provides the following examples for the above instructions: “You can vote for the recall question regardless of whether you vote for a replacement candidate. You can vote for a replacement candidate regardless of whether or how you vote on the recall question.” This bill also requires the exact wording of the instructions to be written by the elections official to conform to the actions required by the layout of the ballot.
National Conference of State Legislatures (NCSL) Ballot Design Report: According to a 2011 report by the NCSL, good design doesn’t mean making ballots pretty, it means making a ballot easy to understand, use, and count. Good ballot design encompasses wording, images, color, layout, spacing, typeface, and usability and applies to polling place signs, ballots, absentee ballot envelopes, voter information cards, voter registration applications—every piece of paper, image, or webpage about an election. The report acknowledges that good design is also a moving target and what was state-of-the-art in 1920 may be hard-to-read now. Back then, ballot designers had few options to make words stand out, so many states mandated by statute that large blocks of text be centered or that uppercase letters be used for candidate names or for the full text of various parts of the ballot. Research has since proven that centered text and uppercase letters are actually hard to read.

The NCSL report suggests the following to improve ballot design: 1) ask state election officials for a review of existing laws to identify archaic or overly prescriptive language and to suggest potential improvements; 2) review all legislative proposals to ensure they promote flexibility in design, rather than hard-and-fast rules that may become cumbersome later on; 3) adopt “plain language” requirements for ballots; 4) use a design checklist; 5) require, or at least encourage, usability testing of ballots; 6) consult the National Institute of Standards and Technology’s publications on language, style, color, clear writing, and usability for election design; or, 7) fund a “design fellow” position in a state’s elections office.

Technical Amendment: According to the author’s office, the current version of this bill inadvertently deletes a provision of existing law. To correct that error, committee staff recommends the following technical amendment:

On page 18, starting in line 22, amend the bill as follows:

Reinstate subdivision (b) to section 13210 of the Elections Code and amend it as follows:

(b) In the case of candidates for President and Vice President, the words “Vote for One Party” shall appear just below the heading “President and Vice President” and shall be printed so as to appear above the voting targets for that office. The heading “President and Vice President” shall be printed in at least 10-point bold type. ~~boldface 12-point type.~~

Arguments in Support: The sponsor of this bill, Secretary of State Shirley N. Weber, Ph.D., writes:

AB 1219 updates statutory provisions to make ballot instructions and wording more voter friendly. This measure codifies the BDAC goals to enhance the readability of ballots by increasing font sizes, making voting targets easier for voters to identify, and incorporating the use of plain language.

In addition, AB 1219 provides elections officials with the flexibility needed to meet the visual needs of voters while eliminating obsolete statutes that no longer apply to voting systems approved for use in California. Passage of this measure is necessary to deliver the improvements to the voting experience recommended by the BDAC.

REGISTERED SUPPORT / OPPOSITION:

Support

Secretary of State Shirley N. Weber, Ph.D. (Sponsor)

One individual

Opposition

None on file.

Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094

Discussed in Hearing

Assembly Floor

Assembly Floor

Senate Floor

Senate Floor

Senate Standing Committee on Elections and Constitutional Amendments

Senate Standing Committee on Elections and Constitutional Amendments

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Chaptered (10/10/2023)