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AB-2748 Precincts: consolidation.(2003-2004)

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Passed  IN  Senate  August 23, 2004
Passed  IN  Assembly  August 25, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2748


Introduced  by  Assembly Member Oropeza

February 20, 2004


An act to amend Section 12241 of the Elections Code, relating to precincts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2748, Oropeza. Precincts: consolidation.
Existing law authorizes the elections official conducting local, special, or consolidated elections, or statewide elections other than the direct primary, presidential primary, or general election, to divide the territory within which the election is to be held into special election or consolidated election precincts by consolidating existing precincts, as specified. Existing law further authorizes that official to change and alter the precincts for those elections as often as needed. Existing law requires the polling place used for a consolidated precinct to be located within the boundaries of the consolidated precinct.
This bill would additionally require, on and after January 1, 2006, that if the polling place designated for a precinct has been relocated from the location that was used as a polling place during the preceding 2 consecutive statewide elections, the elections official post, or provide to be posted, a notice of the location of the new polling place in a format and manner deemed appropriate by the local elections official. This bill would express the intent of the Legislature that, to the extent possible, the polling place used for a consolidated precinct be established in a facility that is easy to locate, identifiable, easily recognizable, large enough to accommodate the voters of the consolidated precinct, and accessible to elderly and disabled voters. By imposing new duties on local elections officials, the bill would impose 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the State of California do enact as follows:


SECTION 1.

 Section 12241 of the Elections Code, as added by Section 5 of Chapter 904 of the Statutes of 2001, is amended to read:

12241.
 (a) The elections official conducting local, special, or consolidated elections, or statewide elections other than the direct primary, presidential primary, or general election, for the purpose of the election, may divide the territory within which the election is to be held into special election or consolidated election precincts by consolidating existing precincts, or otherwise, subject to Section 12222, and may change and alter the precincts for those elections as often as occasion requires.
(b) Not more than six existing precincts may be consolidated into one special election or consolidated election precinct.
(c) The polling place used for a consolidated precinct shall be located within the boundaries of the consolidated precinct.
(d) Commencing January 1, 2006, if the polling place designated for any precinct has been relocated from the location used during the preceding two consecutive statewide elections, the elections official shall post, or provide to be posted, a notice of the location of the new polling place in a format and manner deemed appropriate by the local elections official.
(e) It is the intent of the Legislature that, to the extent possible, the polling place used for a consolidated precinct be established in a facility that is easy to locate, easily identifiable and recognizable, large enough to accommodate the voters of the consolidated precinct, and accessible to elderly and disabled voters.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.