California Senate Bill SB450 Amended / Bill

 BILL NUMBER: SB 450AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 7, 2015 AMENDED IN ASSEMBLY JUNE 15, 2015 INTRODUCED BY Senators Allen and Hertzberg (Principal  coauthor:   Assembly Member   Gonzalez   coauthors:   Assembly Members   Gonazlez   and Mullin  ) FEBRUARY 25, 2015 An act to add Section 4005  to   to, and to add and repeal Section 4005.5 of,  the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 450, as amended, Allen. Elections: all-mailed ballot elections. Existing law authorizes cities with a population of  less   fewer  than 100,000 persons, school districts, and special districts to conduct an all-mailed ballot special election to fill a vacancy on the legislative or governing body of those entities under specified conditions. This bill would, on or after January 1, 2018, authorize a county to conduct any election as an all-mailed ballot election if certain conditions are satisfied, including conditions related to ballot dropoff locations and  polling   vote  centers. The bill would require a county that conducts an all-mailed ballot election to report certain information to the Legislature and the Secretary of State regarding  the success of the first  all-mailed ballot  election   elections  conducted pursuant to these provisions.  The bill would require the Secretary of State to report certain information to the Legislature regarding the success of the first all-mailed ballot election conduct pursuant to these provisions by a county.   The bill would also require the Secretary of State to establish a taskforce that includes certain individuals to review all-mailed ballot elections conducted pursuant to these provision and to provide comments and recommendations to the Legislature on or before April 1, 2021.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4005 is added to the Elections Code, to read: 4005. (a) Notwithstanding Section 4000 or any other law, on or after January 1, 2018, a county may conduct any election as an all-mailed ballot election if all of the following apply: (1) (A) At least  one   two  ballot dropoff  location is   locations are  provided within the jurisdiction where the election is held or the number of ballot dropoff locations are fixed in a manner so that there is at least one ballot dropoff location provided for every  5,000   15,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more ballot dropoff locations. (B) A ballot dropoff location provided for under this section consists of a  secure, accessible, and  locked ballot box  located in a secure public building that meets the accessibility requirements for a polling place and is open during business hours to receive voted vote by mail ballots beginning not less than 14 days before the date of the election.   able to receive voted ballots. All ballot dropoff locations shall be open at least during regular business hours beginning not less than 28 days before the date of the election, and on the date of the election. At least one ballot dropoff location shall be an accessible, secured, exterior drop box that is available for a minimum of 12 hours per day including regular business hours.   (2) Ballot dropoff locations are placed in a manner that best serves the voters at accessible locations as near as possible to established public transportation routes.   (3)   (2)  The county elections official permits a voter residing in the county to do any of the following at a  polling   vote  center: (A) Return, or vote and return, his or her vote by mail ballot. (B) Register to  vote   vote, update his or her voter registration,  and vote pursuant to Section 2170. (C) Receive and vote a provisional ballot pursuant to Section 3016 or Article 5 (commencing with Section 14310) of Chapter 3 of Division 14.  (4) Every polling center is open to voters not less than 10 days before the date of the election for a minimum of eight hours per day except that every polling center is open from 7 a.m. to 8 p.m. on the day of the election, except as provided in Section 14401.   (5) (A) At least one polling center is provided within the jurisdiction where the election is held or the number of polling centers are fixed in a manner so that there is at least one polling center provided for every 15,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more polling centers.   (D) Receive a replacement ballot upon verification that a ballot for the same election has not been received from the voter by the county elections official. If the county elections official is unable to determine if a ballot for the same election has been received from the voter, the county elections official may issue a provisional ballot.   (E) Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience.   (3) (A) On the day of the election, from 7 a.m. to 8 p.m., at least one vote center is provided for every 15,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election.   (B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, a minimum of two voter centers are provided on the day of the election within the jurisdiction where the election is held.   (4) (A) Not less than 10 days before the day of the election, for a minimum of eight hours per day, at least one vote center is provided for every 30,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election.   (B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, a minimum of two vote centers are provided within the jurisdiction where the election is held.   (B)   (C)  The  polling   vote  centers provided under this section are established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).  (C)   (D)  The  polling   vote  centers provided under this section are established at accessible locations as near as possible to established public transportation  routes and are   routes. The vote centers shall be  equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240.  (E) (i) Vote centers provided under this section have an electronic mechanism for the county elections official to immediately access, at a minimum, all of the following voter registration data:   (I) Name.   (II) Address.   (III) Date of birth.   (IV) Language preference.   (V) Party preference.   (VI) Precinct.   (VII) Whether or not the voter has been issued a vote by mail ballot and whether or not a ballot has been received by the county elections official.   (ii) The electronic mechanism used to access voter registration data shall not be connected in any way to a voting system.   (5) A method is available to request and deliver a blank vote by mail ballot and, if a replacement ballot is necessary, a blank replacement ballot that voters with disabilities can mark privately and independently.  (6) (A) Except as otherwise provided for in this section,  precinct   election  boards for the  polling   vote  centers established under this section meet the requirements for eligibility and composition pursuant to Article 1 (commencing with Section 12300) of Chapter 4 of Division 12.  (B) If a polling center is located in an area otherwise consisting of one or more precincts for which the county elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the county elections official makes reasonable efforts to ensure that the polling center is staffed by precinct board members who speak that language.   (B) Each vote center provides language assistance in all languages required in the jurisdiction under subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) in a manner that enables voters of the applicable language minority groups to participate effectively in the electoral process. Each vote center shall post information regarding the availability of language assistance in English and all other languages for which language assistance is required to be provided in the jurisdiction under subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (i) If a vote center is located in, or adjacent to, a precinct, census tract, or other defined geographical subsection required to establish language requirements under subdivision (c) of Section 12303 or Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), or if it is identified as needing language assistance through the public input process described in clause (ii), the county elections official shall ensure that the vote center is staffed by election board members who speak the required language. If the county elections official is unable to recruit election board members who speak the required language, alternative methods of effective language assistance shall be provided by the county elections official.   (ii) The county elections official shall solicit public input regarding which vote centers should be staffed by election board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (iii) The county elections official shall provide notice in the sample ballot, in vote by mail materials, and on his or her Internet Web site of the specific language services available at each vote center.   (C) Each vote center provides election materials translated in all languages required in the jurisdiction under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (D) Each vote center provides reasonable modifications and auxiliary aids and services as required by the federal American with Disabilities Act (42 U.S.C. Sec. 12101 et seq.).  (7) (A)  The   At least 29 days before the date of the election, the  county elections official  delivers   mails  to each  registered  voter  all supplies necessary for the use and return of the vote by mail ballot, including an envelope for the   a vote by mail ballot packet that includes a return envelope with instructions for the use and  return of the  voted  vote by mail ballot. (B) The county elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the vote by mail  ballot,   ballot packet,  all of the following: (i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following: (I) An all-mailed ballot election is being conducted and each eligible voter will  receive   be issued  a vote by mail ballot by mail. (II) The voter may cast a vote by mail ballot in person at a  polling   vote  center during the times and days specified in  subparagraph (A) of  paragraph  (4)   (4)  or on election day. (III)  The   At least seven days before the date of the election, the  voter may request the county elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201. (ii) A list of the ballot dropoff locations and  polling   vote  centers established pursuant to this  section.   section, including the dates and hours they a   re open.  The list shall also be posted  in an accessible format  on the Internet Web site of the county elections official. (iii) A postage-paid postcard that the voter may return to the county elections official for the purpose of requesting a vote by mail ballot in a language other than English.  (8) (A) The county elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the county for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following:   (i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the county is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.   (iii) At least one bilingual voter education workshop for each language in which the county is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (iv) At least one voter education workshop to increase accessibility for participation of eligible voters with disabilities.   (C) Upon request, the county elections official provides written voting materials to voters with disabilities in an accessible format.   (8) (A) The county elections official develops a draft plan for the administration of elections conducted pursuant to this section in consultation with the public, including both of the following:   (i) One meeting, publicly noticed at least 10 days in advance of the meeting, that includes representatives, advocates, and other stakeholders representing each community for which the county is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (ii) One meeting, publicly noticed at least 10 days in advance of the meeting, that includes representatives from the disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.   (B) The county elections official, when developing the draft plan for the administration of elections conducted pursuant to this section, considers, at a minimum, all of the following:   (i) Vote center and ballot dropoff location proximity to public transportation.   (ii) Vote center and ballot dropoff location proximity to communities with historically low vote by mail usage.   (iii) Vote center and ballot dropoff location proximity to population centers.   (iv) Vote center and ballot dropoff location proximity to language minority communities.   (v) Vote center and ballot dropoff location proximity to voters with disabilities.   (vi) Access to accessible and free parking at vote centers and ballot dropoff locations.   (vii) The distance and time a voter must travel by car or public transportation to a vote center and ballot dropoff location.   (viii) The availability of alternate methods for voters with disabilities for whom vote by mail ballot are not accessible to cast a ballot.   (ix) Traffic patterns near vote centers and ballot dropoff locations.   (x) The availability of mobile vote centers in addition to the number of vote centers established pursuant to this section.   (C) The county elections official publicly notices the draft plan for the administration of elections conducted pursuant to this section and accepts public comments on the draft plan for at least 14 days before the hearing held pursuant to subparagraph (D).   (D) (i) Following the 14-day review period required by subparagraph (C), the county elections official holds a public meeting to consider the draft plan for the administration of elections conducted pursuant to this section and to accept public comment. The meeting shall be publicly noticed at least 10 days in advance of the meeting on the Internet Web sites of the clerk of the county board of supervisors and the county elections official, or, if neither the clerk of the county board of supervisors nor the county elections official maintain an Internet Web site, in the office of the county elections official.   (ii) After the public hearing to consider the draft plan for the administration of elections conducted pursuant to this section and to accept public comments, the county elections official may amend the draft plan. The county elections official shall publicly notice the amended draft plan and shall accept public comments on the amended draft plan for at least 14 days before the county elections official may adopt the amended draft plan pursuant to subparagraph (E).   (E) Following the 14-day review and comment period required by clause (ii) of subparagraph (D), the county elections may adopt a final plan for the administration of elections conducted pursuant to this section.   (F) Public meetings held pursuant to this paragraph shall, upon request, provide auxiliary aids and services to ensure effective communication with people with disabilities.   (G) Within two years of the adoption of the first plan for the administration of elections conducted pursuant to this section, the county elections official shall hold public meetings in accordance with the procedures described in subparagraphs (C) to (F), inclusive, to consider revising the first plan for the administration of elections conducted pursuant to this section. Every four years thereafter, the county elections official shall hold public meetings in accordance with the procedures described in subparagraphs (C) to (F), inclusive, to consider revising the plan for the administration of elections conducted pursuant to this section.   (H) (i) With reasonable public notification, a county elections official may amend a plan for the administration of elections conducted pursuant to this section no more than 120 days before the date of an election held pursuant to this section.   (ii) With reasonable public notification, a county elections official may amend a plan for the administration of elections conducted pursuant to this section more than 120 days before the date of an election held pursuant to this section if he or she provides at least 30 days to accept public comment on the amended plan.   (I) The plan for the administration of elections conducted pursuant to this section, includes all of the following:   (i) A description of how the county elections official will use the media, including social media, newspapers, radio, and television that serve language minority communities for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.   (ii) A description of how the county elections official will have a community presence to educate voters regarding the provisions of this section.   (iii) A description of the accessible information that will be publicly available on the accessible Internet Web site of the county elections official.   (iv) A description of how the county elections official will educate and communicate the provisions of this section to the public, including:   (I) Communities for which the county is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (II) The disability community, including organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.   (v) A description of how a voter with disabilities may request and receive a blank vote by mail ballot and, if a replacement ballot is necessary, a blank replacement ballot that voters with disabilities can mark privately and independently.   (vi) A description of how the county elections official will address significant disparities in voter accessibility and participation identified in the reports required by subdivision (f).   (vii) To the extent available at the time of publication, information on all of the following:   (I) The total number of vote centers to be established.   (II) The total number of ballot dropoff locations to be established.   (III) The location of each vote center.   (IV) The location of each ballot dropoff location and whether it is inside or outside.   (V) A map of the locations of each vote center and ballot dropoff location.   (VI) The hours of operation for each vote center.   (VII) The hours of operation for each ballot dropoff location.   (VIII) The security and contingency plans that would be implemented by the county elections official to do both of the following:   (ia) Prevent a disruption of the vote center process.   (ib) Ensure that the election is properly conducted if a disruption occurs.   (IX) The number of election board members and the number of bilingual election board members and the languages spoken.   (X) The type and number of accessible voting machines and related accessible services at each vote center.   (XI) The design, layout, and placement of equipment inside each voter center that protects each voter's right to cast a private ballot.   (v)   (viii)  A toll-free voter assistance hotline maintained by the county elections official that is operational no later than 29 days before the date of the election until 5 p.m. on the day after the election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the county is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).  (vi)   (ix)  At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.  (vii)   (x)  At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the county is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.  (viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities.   (B)   (J)  The  voter education and outreach plan   plan for the administration of elections conduct pursuant to this section  is posted  in a format that is accessible to persons with disabilities  on the Internet Web site of the Secretary of State and on the Internet Web site of the county elections official.  (b) Notwithstanding Section 4002 or any other law, on or after January 1, 2018, a county elections official may conduct a special election as an all-mailed ballot election under this section if all of the following apply:   (1) (A) On the day of election, from 7 a.m. to 8 p.m., at least one vote center is provided for every 30,000 registered voters. The county elections official shall make a reasonable effort to establish a vote center within the jurisdiction where the special election is held.   (B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, the county elections official makes a reasonable effort to establish a vote center.   (2) (A) Not less than 10 days before the day of the election, for a minimum of eight hours per day, at least one vote center is provided for every 60,000 registered voters. The county elections official shall make a reasonable effort to establish a vote center within the jurisdiction where the special election is held.   (B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 30,000 registered voters, the county elections official makes a reasonable effort to establish a vote center.   (3) (A) At least one ballot dropoff location is provided for every 15,000 registered voters. At least one ballot dropoff location shall be located within the jurisdiction where the special election is held. All ballot dropoff locations shall be open at least during regular business hours beginning not less than 28 days before the date of the election, and on the date of the election.   (B) Notwithstanding subparagraph (A), for a jurisdiction with fewer than 15,000 registered voters, at least one ballot dropoff location shall be provided.   (b)   (c)  Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000).  (c)   (d)  The county elections official may provide, at his or her discretion, additional ballot dropoff locations and  polling   vote  centers for purposes of this section.  (d)   (e)  The return of voted vote by mail ballots is subject to Sections 3017 and 3020.  (e)   (f)  For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the county elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374.  (f)   (g)  (1)  (A)    If an election is conducted pursuant to this section, the  county   Secretary of State  shall report to the Legislature  and to the Secretary of State  regarding the success of the first election conducted pursuant to this section, including,  but not limited to, all of the following:   to the extent possible,   the turnout of different populations, including   the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party affiliation as it relates to the languages required under the   federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (A) Any statistics on the cost to conduct the election.   (B)   The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party affiliation as it relates to the languages required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).   (B) If an election is conducted pursuant to this section, the county shall submit to the Legislature and to the Secretary of State a report that includes all of the following:   (i) Information on the cost to conduct the election.   (C)   (ii)  The number of ballots that were not counted and the reasons they were  rejected.   not counted.   (D)   (iii)  Voter fraud.  (E)   (iv)  Any other problems that became known to the county during the election or canvass.  (v) The number of votes cast at each vote center.  (2) Whenever possible, using the criteria set forth in paragraph (1), the  report   reports  shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions. (3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner,  a county  the Secretary of State and counties  shall do all of the following with respect to the  report   reports  required by this subdivision: (A) Submit the  report   reports  to the Legislature in compliance with Section 9795 of the Government Code.  (B) Submit the report to the Secretary of State.   (C)   (B)  Post the  report   reports in a format that is accessible to voters with disabilities  on the Internet Web site of the  Secretary of State or the  county elections  official.   official, as applicable.   (h) The Secretary of State shall enforce the provisions of this section pursuant to Section 12172.5 of the Government Code.  (i) For purposes of this section, "disability" has the same meaning as defined in subdivisions (j), (m), and (n) of Section 12926 of the Government Code.   SEC. 2.   Section 4005.5 is added to the   Elections Code   , to read:   4005.5. (a) The Secretary of State shall establish a taskforce that includes representatives of all of the following: (1) County elections officials. (2) Individuals with demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) The disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (4) Experts with demonstrated experience in the field of elections. (b) The taskforce shall review elections conducted pursuant to Section 4005 and provide comments and recommendations to the Legislature on or before April 1, 2021. (c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.