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AB-413 Elections: all-mailed ballot elections. (2011-2012)

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AB413:v94#DOCUMENT

Assembly Bill No. 413
CHAPTER 187

An act to add and repeal Section 4001 of the Elections Code, relating to elections.

[ Approved by Governor  August 08, 2011. Filed with Secretary of State  August 08, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 413, Yamada. Elections: all-mailed ballot elections.
Existing law authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied.
This bill would authorize, as a pilot program, until December 31, 2017, elections in Yolo County, other than statewide primary or general elections or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. The county would be required to report on these elections to the Legislature and the Secretary of State, as specified, if an election is conducted wholly by mail pursuant to this authority.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 4001 is added to the Elections Code, to read:

4001.
 (a) Notwithstanding Section 4000 or any other law, as a pilot program, elections in Yolo County may be conducted wholly by mail if all of the following conditions are satisfied:
(1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days prior to the date of the election.
(2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section.
(3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress.
(4) (A) At least one ballot dropoff location is provided per city and is open during business hours to receive voted ballots beginning 28 days before the date of the election and until 8 p.m. on the day of the election.
(B) At least one polling place is provided per city where voters can request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason.
(C) Upon the request of the city, county, or district, the elections official, at his or her discretion, may provide additional ballot dropoff locations and polling places.
(5) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid.
(6) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, a list of the ballot dropoff locations and polling places provided pursuant to paragraph (4), and also posts that list on the Internet Web site of the county elections office.
(7) The return of voted mail ballots is subject to Section 3017.
(8) (A) The polling places provided under this section are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently.
(B) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place.
(9) Elections pursuant to this section may be held on no more than three different dates.
(b) (1) If the county conducts an all-mailed ballot election, on or before December 31, 2017, the county shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, any statistics on the cost to conduct the election; the turnout of different populations, including, but not limited to, to the extent possible, the population categories of race, ethnicity, age, gender, disability, permanent vote by mail status, and political party affiliation; the number of ballots that are not counted and the reasons they were rejected; voter fraud; and any other problems that become known to the county during the election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph (1), the report of the county shall compare the success of the all-mailed ballot election to similar elections not conducted wholly by mail in the same jurisdiction or comparable jurisdictions.
(3) The report of the county shall be submitted to the Legislature pursuant to Section 9795 of the Government Code within six months after the date of the all-mailed ballot election or prior to the date of any other all-mailed ballot election subject to this section to be conducted in the county, whichever is sooner.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.