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AB-681 Presidential primary elections.(2019-2020)

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Date Published: 05/17/2019 04:00 AM
AB681:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 681


Introduced by Assembly Member Gonzalez

February 15, 2019


An act to add Section 12100 to the Elections Code, relating to elections. elections, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 681, as amended, Gonzalez. Presidential primary elections.
Existing law requires a voter to disclose a preference for a political party in order to participate in the political party’s primary election. However, existing law permits a voter who has declined to disclose a political party preference to request the ballot of a political party at a partisan primary election if the political party authorizes a voter who has declined to disclose a political party preference to vote the ballot of the political party at that partisan election. Existing law requires that information to be included in the voter registration card, the vote by mail ballot application, the state and county voter information guides, the internet websites of the Secretary of State and the county elections officials, and the nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference.
This bill would require a county elections official, between the 90th 120th and 30th day before a presidential primary election, to send each registered voter in the county three separate notices containing specified information, including the voter’s current political party preference, the type of ballot the voter will be able to cast at the presidential primary election, and instructions on how the voter may change the voter’s political party preference. By imposing additional duties on county elections officials, this 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.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 12100 is added to the Elections Code, immediately preceding Section 12101, to read:

12100.
 (a) Between the 90th 120th and 30th day before a presidential primary election, a county elections official shall send three separate notices to each registered voter within the county containing all of the following:
(1) The current political party preference of the voter.
(2) Information on the type of ballot the voter will be able to cast at the presidential primary election.
(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in a presidential primary election, and the name of each political party that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(4) Instructions on how the voter can change the voter’s political party preference.
(b) The notices described in subdivision (a) may be sent by various methods, including by mail, by email, or, if the voter has provided written consent to receive text messages from the county elections official, by text message. An elections official shall send at least one of the three notices to a registered voter using a method different from that used to send the other notice or notices to the voter.

SEC. 2.

 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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that the procedures and protections afforded by this act will be implemented for the 2020 presidential primary election, it is necessary for this act to take effect immediately.