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AB-3258 Elections.(2017-2018)

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Date Published: 03/21/2018 09:00 PM
AB3258:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3258


Introduced by Committee on Elections and Redistricting (Assembly Members Berman (Chair), Harper (Vice Chair), Calderon, Low, Mullin, Patterson, and Weber)

March 21, 2018


An act to amend Sections 2187, 9094, 11325, and 13305 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 3258, as introduced, Committee on Elections and Redistricting. Elections.
(1) Existing law requires a county elections official to prepare specified information regarding registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party. Existing law requires a county elections official, on specified days before an election, to prepare this information and to notify the Secretary of State that the information is available with respect to voters registered on certain dates before the election, including not less than 102 days before each presidential general election with respect to voters registered before the 123rd day before the presidential general election.
This bill would clarify that on each of the specified days before an election for which a county elections official must prepare information and give notice to the Secretary of State that the notice applies with respect to all voters who are registered voters on the applicable day before the election.
(2) Existing law requires the Secretary of State, in those instances in which the county elections official uses data processing equipment to store voter registration information, to mail state voter information guides to voters who have registered on or before the 60th day before the election at which measures contained in the state voter information guide are to be voted on, unless a voter has registered fewer than 29 days before the election. For voters who registered after the 60th day before the election, existing law requires the Secretary of State to provide for the mailing of state voter information guides by either mailing the guide to those voters or requiring the county elections official to mail the guide. In those instances in which the county elections official does not use data processing equipment to store voter registration information, existing law requires the Secretary of State to furnish state voter information guides to the county elections official for mailing to voters.
This bill would instead require the Secretary of State to mail state voter information guides in all cases to voters who have registered before the 28th day before the election.
(3) Existing law requires the Secretary of State to prepare and mail to voters the state voter information guide, as specified. Existing law requires each appropriate elections official to prepare and mail to voters the county voter information guide, as specified. However, existing law authorizes a county elections official to elect not to mail a county voter information guide to a permanent vote by mail voter or a voter in a specified mail ballot election if, among other things, the county elections official prepares and mails to the voter a state voter information guide that includes all of the information required to be included in the county voter information guide.
This bill instead would authorize the county elections official to elect not to mail the county voter information guide if he or she prepares and mails to the voter a document that includes all of the information required to be included in the county voter information guide. The bill would also make other clarifying and conforming changes regarding voter information guides.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2187 of the Elections Code is amended to read:

2187.
 (a) Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1) The total number of voters in the county.
(2) The number registered as preferring each qualified political party.
(3) The number registered as preferring nonqualified parties.
(4) The number registered without choosing a political party preference.
(5) The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A) A supervisorial district.
(B) Congressional district.
(C) Senate district.
(D) Assembly district.
(E) Board of Equalization district.
(F) Cities and unincorporated areas.
(b) The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c) The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1) On the 135th day before each presidential primary and before each direct primary, with respect to voters registered all voters who are registered voters on the 154th day before the primary election.
(2) Not less than 50 days prior to before the primary election, with respect to voters registered all voters who are registered voters on the 60th day before the primary election.
(3) Not less than seven days prior to before the primary election, with respect to voters registered before the 14th day prior to all voters who are registered voters on the 15th day before the primary election.
(4) Not less than 102 days prior to before each presidential general election, with respect to voters registered before all voters who are registered voters on the 123rd day before the presidential general election.
(5) Not less than 50 days prior to before the general election, with respect to voters registered all voters who are registered voters on the 60th day before the general election.
(6) Not less than seven days prior to before the general election, with respect to voters registered before the 14th day prior to all voters who are registered voters on the 15th day before the general election.
(7) On or before March 1 of each odd-numbered year, with respect to voters registered as of all voters who are registered voters on February 10.
(d) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.

SEC. 2.

 Section 9094 of the Elections Code is amended to read:

9094.
 (a) The Secretary of State shall mail state voter information guides to voters, in those instances in which the county elections official uses data processing equipment to store the information set forth in the affidavits of registration, voters before the election at which measures contained in the state voter information guide are to be voted on unless a voter has registered fewer than 29 days before the election. The mailing shall commence not less than 40 days before the election and shall be completed no later than 21 days before the election for those voters who registered on or before the 60th day before the election. election, and shall be completed no later than 10 days before the election for those voters who registered after the 60th day before the election and before the 28th day before the election. The Secretary of State shall mail one copy of the state voter information guide to each registered voter at the postal address stated on the voter’s affidavit of registration, or the Secretary of State may mail only one state voter information guide to two or more registered voters having the same postal address.

(b)In those instances in which the county elections official does not use data processing equipment to store the information set forth in the affidavits of registration, the Secretary of State shall furnish state voter information guides to the county elections official not less than 45 days before the election at which measures contained in the state voter information guide are to be voted on and the county elections official shall mail state voter information guides to voters, on the same dates and in the same manner provided by subdivision (a).

(c)The Secretary of State shall provide for the mailing of state voter information guides to voters registering after the 60th day before the election and before the 28th day before the election, by either: (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county elections official to mail state voter information guides to those voters registering in the county after the 60th day before the election and before the 28th day before the election pursuant to this section. The second mailing of state voter information guides shall be completed no later than 10 days before the election. The

(b) The county elections official shall mail a state voter information guide to any person requesting a state voter information guide. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters.

SEC. 3.

 Section 11325 of the Elections Code is amended to read:

11325.
 (a) With the voter information guide there shall be mailed mailed, for each officer whose recall is sought, a printed copy of the following:
(1) The statement of reasons for recall that appeared on the notice of intent to recall that was filed by the proponents of the recall with the elections official, or official or, in the case of a state officer, with the Secretary of State.
(2) The answer to the statement of reasons for recall that was filed by the officer whose recall is sought with the elections official or, in the case of a state officer, with the Secretary of State, if an answer was filed.
(b) The printed copies of the statement and the answer to that statement shall be mailed with the sample ballot voter information guide either in a document separate from the sample ballot or in the same document in which the sample ballot appears. voter information guide or as part of the voter information guide. Both the statement and answer shall be printed on the same page, or on facing pages of the document, and shall be of equal prominence.
(c) If the recall of more than one officer is sought, the statement and answer for each officer shall be printed together and shall be clearly distinguished from those of any other officer.

SEC. 4.

 Section 13305 of the Elections Code is amended to read:

13305.
 (a) Notwithstanding Sections 13300 and 13303, 3022, 13300, 13303, and 13315, a county elections official may elect not to mail a county voter information guide to a voter if all of the following are satisfied:
(1) The voter is one of the following:
(A) A permanent vote by mail voter pursuant to Chapter 3 (commencing with Section 3200) of Division 3.
(B) A voter in a mail ballot election conducted pursuant to Division 4 (commencing with Section 4000).
(C) A voter in a precinct in which an election is conducted pursuant to Section 3005.
(2) The county elections official prepares and mails to each voter a state voter information guide. The state voter information guide shall include document that includes all of the information required to be included in, and shall be accompanied by all the election materials required to accompany, the county voter information guide, except for both of the following:
(A) An application for a vote by mail ballot.
(B) A notice that a vote by mail ballot application is enclosed.
(3) The voter is furnished with an official ballot pursuant to Section 3005 or 3010.
(b) Notwithstanding subdivision (a) of Section 13303, for each voter to whom the elections official elects not to mail a county voter information guide pursuant to subdivision (a), the elections official may cause to be printed one less copy of the county voter information guide.
(c) If a county elections official elects not to mail a county voter information guide to a voter pursuant to this section, the elections official shall use any savings achieved to offset the costs associated with establishing a free access system for vote by mail ballots pursuant to Section 3019.5 before the savings may be used for any other purpose.