Vote By Mail Ballot Only Ballot Bill

[Ayatollahgondola]

Vote By Mail wholly?

BILL NUMBER: AB 413 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Yamada

FEBRUARY 14, 2011

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


LEGISLATIVE COUNSEL'S DIGEST


AB 413, as introduced, 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.
State-mandated 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 polling place 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 location is provided per city where voters can
request a ballot between 8 a.m. and 5 p.m. on the day of the election
if they have not received their ballots in the mail.
(C) Upon the request of the city, county, or district, the
elections official, at his or her discretion, may provide additional
polling places and locations to distribute ballots.
(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 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) 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.
(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.