CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1219

Introduced by Assembly Member Berman

February 16, 2023

An act to amend Sections 302, 303.3, 305, 6821, 10704, 11320, 11322, 11323, 13105, 13200, 13202, 13203, 13205, 13206.5, 13208, 13209, 13210, 13211, 13211.5, 13212, 13213, 13214, 13233, 14286, 14443, 15210, and 15360 of, to add Section 11322.5 to, to repeal Sections 13216.5, 13260, 13261, 13262, 13263, 13264, 13265, 13266, 13267, and 15211 of, and to repeal and add Sections 301, 303, 13204, 13206, 13216, 14284, and 14285 of, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1219, as introduced, Berman. Elections: ballots.
(1) Existing law imposes ballot layout specifications, including specific requirements relating to the placement of certain contests, the size and font of text, and the instructions provided to voters.
This bill would revise and recast these provisions. The bill would specify the font and location of certain text and would revise the ballot instructions provided to voters. The bill would require those instructions to communicate to voters, in plain language, how to cast a vote in a contest, how to write in a candidate, and what to do if a mistake is made.
(2) Existing law requires a ballot for a recall election for a state officer to include the names of the candidates nominated to succeed the officer sought to be recalled and a space to enter the name of a write-in candidate.
This bill would additionally require a ballot for a recall election for a state officer to include instructions explaining that the recall election includes two contests, one for whether to recall the officer and the other for the officer’s successor if the recall is successful, and that voters may cast a vote in either or both of those contests.
(3) Existing law prohibits casting or counting in any election ballots not printed in accordance with the ballot layout specifications prescribed in state law.
This bill would instead prohibit casting or counting ballots not printed in substantial compliance with the ballot layout specifications.
(4) To the extent the bill would impose additional duties on county elections officials relating to the preparation of ballots, this bill would create 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 301 of the Elections Code is repealed.
301.

A “ballot” means any of the following:

(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.

(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.

(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.

(d)(1)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.

(2)An electronic touchscreen may qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.

SEC. 2.

 Section 301 is added to the Elections Code, to read:

301.
 (a) A “ballot” is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. The contents may be rendered using visual, auditory, or other methods of presentation, language, or graphics.
(b) The ballot presentations may include:
(1) One or more sheets of paper upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(2) An electronic device on which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls.
(c) The printed ballot produced by a ballot marking device may be a list of voter selections or may be a facsimile of a marked preprinted ballot.

SEC. 3.

 Section 302 of the Elections Code is amended to read:

302.
 “Ballot card” means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used. The separate write-in ballot may be a paper ballot, a card, or the envelope used to enclose a ballot card. Determination of the format of a separate write-in ballot shall be within the discretion of the elections board. The separate write-in ballot shall provide a blank space followed by the word “office” and a second blank space followed by the word “name” for purposes of facilitating write-in votes for offices for which write-in votes may be cast, or may provide a space for writing in the name followed by a space for punching or slotting in order that the vote may be tabulated. All separate write-in ballots may, in the discretion of the elections board, have attached thereto two stubs that comply with Section 13261 regarding the stubs attached to a ballot card, except that the information required under subparagraphs (C) to (G), inclusive, of paragraph (2) of subdivision (b) of Section 13261 and instructions to voters on how to vote for persons whose names do not appear on the ballot may be printed on the write-in ballot and not upon a stub. Any serial numbers appearing on the write-in ballot stubs need not be identical to the serial numbers appearing on the stubs attached to the ballot card or cards handed to the voter. Sections 13002 to 13006, inclusive, shall not apply to the preparation and composition of separate write-in ballots authorized by this section. Sections 14403 and 14404 shall not apply to separate write-in ballots used in an election in which a punchcard voting system is used. ballot.

SEC. 4.

 Section 303 of the Elections Code is repealed.
303.

“Ballot label” means that portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, the ballot label shall contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.

SEC. 5.

 Section 303 is added to the Elections Code, to read:

303.
 “Ballot label” means:
(a) For a candidate, the combination of candidate name and candidate designation.
(b) For a statewide measure, the ballot title and summary specified in Section 9051.
(c) For all other measures, the questions specified in Section 13119 for an initiative measure, Section 13120 for a referendum measure, or Section 9603 for an advisory vote.

SEC. 6.

 Section 303.3 of the Elections Code is amended to read:

303.3.
 “Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

SEC. 7.

 Section 305 of the Elections Code is amended to read:

305.
 (a)“Candidate,” (a) “Candidate,” for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury that he or she perjury, that the person is a candidate, naming the office.
(b) “Candidate,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on his or her the individual’s behalf counted by election elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives his or her the individual’s consent for any other person to receive a contribution or makes an expenditure with a view to bringing about his or her the individual’s nomination or election to any elective state or local office, whether or not the specific elective office for which he or she the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term “candidate” includes any officeholder who is subject to a recall election.
(c) “Candidate for public office,” as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have his or her the individual’s name listed on the ballot of any election, or who has qualified to have written votes on his or her the individual’s behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

SEC. 8.

 Section 6821 of the Elections Code is amended to read:

6821.
 For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a) In place of the heading “Delegates to National Convention, vote for one group only” shall appear the heading “Presidential Preference, vote for one.”
(b) Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c) Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading “Delegates to National Convention, vote for one group”.
(d) Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).
(e) The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, “To express your preference for a candidate for nomination for President, stamp a cross (+) in the square opposite the name of the candidate. completely fill in the [voting target] next to the candidate’s name. Your vote in this portion of the ballot is advisory only. Delegates to the national convention will be elected in the delegate selection portion of the ballot.”

SEC. 9.

 Section 10704 of the Elections Code is amended to read:

10704.
 (a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.
(b) A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:
(1) The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.
(2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.
(c) The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: “If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.”

(d)On the ballot for a special election, immediately below the instructions to voters, there shall be a box not less than one-half inch high enclosed by a heavy-ruled line the same as the borderline. This box shall be as long as there are columns for the ballot and shall be set directly above these columns. Within the box shall be printed the words “Voter-Nominated Office.” Immediately below that phrase within the same box shall be printed the following:

“All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated office. The party preference, if any, designated by a candidate is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate.”

(d) On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:
“Voter-Nominated Offices
All voters may vote in these contests.
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”

SEC. 10.

 Section 11320 of the Elections Code is amended to read:

11320.
 The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:
(a) The question “Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?”
(b) To the right of Next to the foregoing question, the words “Yes” and “No” on separate lines with an enclosed voting space to the right of a voting target next to each.
(c) If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officer’s party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officer’s name, or immediately below the officer’s name if there is not sufficient space to the right of the officer’s name, and shall appear in substantially the following form:
(1) If the officer stated a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference:____” (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officer’s affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.
(2) If the officer did not state a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference: None.”
(3) If the officer elects not to have the officer’s political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 11.

 Section 11322 of the Elections Code is amended to read:

11322.
 In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers:
(a) The names of the candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.
(b) Following each list of candidates, the ballot shall provide one blank line with a voting space to the right of it for the voter to write in a name not printed on the ballot. target next to it.

SEC. 12.

 Section 11322.5 is added to the Elections Code, to read:

11322.5.
 (a) (1) In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information:
(A) That there are two contests on the ballot.
(B) That the two contests are separate and can be voted on independently.
(2) For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:
“You can vote for the recall question regardless of whether you vote for a replacement candidate.
You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”
(b) The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

SEC. 13.

 Section 11323 of the Elections Code is amended to read:

11323.
 A voter shall indicate, by using the stamp or other marking device to place a mark in the voting space opposite completely selecting the voting target next to either “Yes” or “No”, his their vote for or against the recall proposal, respectively.

SEC. 14.

 Section 13105 of the Elections Code is amended to read:

13105.
 (a) In the case of a candidate for a voter-nominated office in a primary election, a general election, or a special election to fill a vacancy in the office of United States Senator, Member of the United States House of Representatives, State Senator, or Member of the Assembly, immediately to the right of and on the same line as following the name of the candidate, or immediately below the name if there is not sufficient space on the same line to the right of the name, there shall be identified, identified in at least 8-point type, as specified by the Secretary of State, the designation made by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form:
(1) In the case of a candidate who designated a political party preference pursuant to Section 8002.5, “Party Preference: ______.”
(2) In the case of a candidate who did not state a preference for a political party pursuant to Section 8002.5, “Party Preference: None.”
(b) In the case of candidates for President and Vice President, the name of the party shall appear to the right of and equidistant from the pair of names of these candidates and on the same line as the name of the candidate for President, or immediately below the name of the vice presidential candidate if there is not sufficient space to the right of the name.
(c) If for a general election any candidate for President of the United States or Vice President of the United States has received the nomination of any additional party or parties, the name(s) shall be printed to the right of the name of the candidate’s own party, or immediately below the name if there is not sufficient space to the right of the name. Party names of a candidate shall be separated by commas. If a candidate has qualified for the ballot by virtue of an independent nomination, the word “Independent” shall be printed instead of the name of a political party in accordance with the above rules.

SEC. 15.

 Section 13200 of the Elections Code is amended to read:

13200.
 Ballots not printed in accordance substantial compliance with this chapter shall not be cast nor counted at any election.

SEC. 16.

 Section 13202 of the Elections Code is amended to read:

13202.
 (a) All ballots of the same sort prepared by any county elections official, clerk or secretary of a legislative body, or other person having charge of preparing ballots for the same polling place, shall be precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with ink of the same tint, so that without the numbers on the stubs it is impossible to distinguish any one of the ballots from the other ballots of the same sort. The
(b) The names of all candidates printed upon the ballot shall be in type of the same size and character. If there is not sufficient space for a candidate name, the size may be adjusted as close as possible to the size and character of all the other candidate names printed upon the ballot.
(c) For multilingual ballots, if there is not sufficient space to print candidate names in at least 10-point bold type, as required by Section 13211, the size of candidate names shall be uniformly adjusted to a size that is no less than 8-point type.

SEC. 17.

 Section 13203 of the Elections Code is amended to read:

13203.
 Across At the top of the first page of the ballot shall be printed in boldface capital type not smaller than 30-point, at least 16-point bold type the words “OFFICIAL BALLOT.” “Official Ballot.” Beneath this heading, the name of the election shall be printed in at least 12-point bold type and, in the case of a partisan primary election, shall be printed in 18-point boldface capital type the official party designation or the words “NONPARTISAN BALLOT” “Nonpartisan Ballot” shall be printed, as applicable. Beneath After the heading line or lines, there shall be printed, in boldface type as large as the width of the ballot makes possible, the number of the congressional, Senate, and Assembly district, the name of the county in which the ballot is to be voted, and the date of the election. at least 12-point type, the date of the election and, in at least 8-point type, the name of the county in which the ballot is to be voted. The county name may alternatively be displayed in the county seal or logo. In addition, the ballot shall have printed, at the top or bottom of each card, a ballot style identifier or some other means of identifying the number of the congressional, Senate, and Assembly district.

SEC. 18.

 Section 13204 of the Elections Code is repealed.
13204.

(a)The instructions to voters shall be printed below the district designation. The instructions shall begin with the words “INSTRUCTIONS TO VOTERS:” in no smaller than 16-point capital type. Thereafter, there shall be printed in 10-point capital type all of the following directions that are applicable to the ballot:

“To vote for a candidate for Chief Justice of California; Associate Justice of the Supreme Court; Presiding Justice, Court of Appeal; or Associate Justice, Court of Appeal, mark the voting target next to the word “Yes.” To vote against that candidate, mark the voting target next to the word “No.”

“To vote for any other candidate of your selection, mark the voting target next to the candidate’s name. [When justices of the Supreme Court or Court of Appeal do not appear on the ballot, the instructions referring to voting after the word “Yes” or the word “No” will be deleted and the above sentence shall read: “To vote for a candidate whose name appears on the ballot, mark the voting target next to the candidate’s name.”] Where two or more candidates for the same office are to be elected, place a mark next to the names of all candidates for the office for whom you desire to vote, not to exceed, however, the number of candidates to be elected.”

“To vote for a qualified write-in candidate, write the person’s name in the blank space provided for that purpose after the names of the other candidates for the same office.”

“To vote on any measure, mark the voting target next to the word “Yes” or next to the word “No.”

“Marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot.”

“If you wrongly mark, tear, or deface this ballot, return it to the precinct board member and obtain another.”

“On vote by mail ballots mark with pen or pencil.”

(b)The instructions to voters shall be separated from the portion of the ballot that contains the various offices and measures to be voted on.

SEC. 19.

 Section 13204 is added to the Elections Code, to read:

13204.
 (a) The instructions to voters shall be printed below the ballot identification and above the contests to be voted on, or in the first column of the ballot as long as no contest is placed below the instructions in that column. The instructions shall be in at least 10-point type and in an area clearly separated from the ballot contests.
(b) (1) The instructions shall be written in plain language to communicate the following information:
(A) How to vote for a candidate or in a contest with “Yes” and “No” options.
(B) How to write in a candidate.
(C) What to do if a mistake is made.
(2) The instructions may also include warnings and checks to help voters mark their ballot correctly and avoid errors. Instructions for specific types of contests are required only if a contest of that type appears on the ballot.
(c) (1) For purposes of the instructions described in this section, the following text is recommended:
“Instructions for voting
To vote for a candidate, completely fill in the [voting target] next to the candidate’s name or the word “Yes” or “No.”
To vote for a qualified write-in candidate, write the name in the blank space provided and fill in the [voting target].
If you make a mistake, [instructions for making a correction] [or ask for a new ballot].
Make sure your vote counts.
Use a [blue or black ballpoint pen].
Do not select more candidates than the number to be elected. You may vote in as many or as few contests as you want.
A mistake in one contest does not affect the rest of the ballot.”
(2) The recommended instructions in paragraph (1) may be modified to apply to the voting system and ballot format in each county, and the administration of elections in that county.
(d) The instructions may be accompanied by illustrations, customized to the ballot design in each county, that show the correct way of marking a selection on the ballot, writing in a candidate name, or correcting a mistake.

SEC. 20.

 Section 13205 of the Elections Code is amended to read:

13205.
 Additional instructions to voters shall appear on the ballot prior to those provided for in Section 13204 under the following conditions:
(a) In a primary election at which candidates for delegate to national convention are to be voted upon, the instructions shall read:

“To vote for the group of candidates preferring a person whose name appears on the ballot, mark the voting target next to the name of the person preferred. To vote for a group of candidates not expressing a preference for a particular candidate, mark the voting target next to the name of the chairman of the group.”

“To vote for a candidate for the party’s nomination for President fill in the [voting target] next to their name.”
(b) In elections when electors of President and Vice President of the United States are to be chosen, there shall be placed upon the ballot, in addition to the instructions to voters as provided in this chapter, an instruction as follows:

“To vote for all of the electors of a party, mark the voting target next to the names of the presidential and vice presidential candidates of that party. A mark of the voting target next to the name of a party and its presidential and vice presidential candidate, is a vote for all of the electors of that party, but for no other candidates.”

(c)If a group of candidates for electors has been nominated under Chapter 3 (commencing with Section 8400) of Division 8, and has under Chapter 1 (commencing at Section 8300) of Division 8 designated the names of the candidates for President and Vice President of the United States for whom those candidates have pledged themselves to vote, the instructions to voters shall also contain the following:

“To vote for those electors who have pledged themselves to vote for a candidate for President and Vice President not supported by any particular party mark the voting target next to the names of those presidential and vice presidential candidates.”

(d)If a group of candidates for electors has been nominated by a party not qualified to participate in the election, the instructions to voters shall also contain the following:

“To vote for those electors who have pledged themselves to vote for a candidate for President and for Vice President of any party not qualified to participate in the election write in the names and party of those presidential and vice presidential candidates in the blank space provided for that purpose.”

“To vote for President and Vice President, fill in the [voting target] next to their names. This is a vote for electors pledged to those candidates.”

SEC. 21.

 Section 13206 of the Elections Code is repealed.
13206.

(a)On the partisan ballot used in a direct primary election, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Party-Nominated Offices.” Immediately below that phrase within the same box shall be printed the following: “Only voters who disclosed a preference upon registering to vote for the same party as the candidate seeking the nomination of any party for the Presidency or election to a party committee may vote for that candidate at the primary election, unless the party has adopted a rule to permit non-party voters to vote in its primary elections.”

(b)The same style of box described in subdivision (a) shall also appear over the columns of the nonpartisan part of the ballot and within the box in the same style and point size of type shall be printed “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following:

“All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot.”

SEC. 22.

 Section 13206 is added to the Elections Code, to read:

13206.
 (a) (1) On the partisan ballot used in a direct primary election, immediately before or above the contest for President, the following words shall be printed on ballots of parties that require registration as a member of the party to vote in the party’s primary election:
“Party-Nominated Offices
Only voters registered as a member of the [name of party] may vote in this primary election for President and party committee.”
(2) In the same location, the following words shall be printed on ballots of parties that permit voters who have not disclosed a party preference to vote in the party’s primary:
“Party-Nominated Offices
Voters registered as a member of the [name of party] may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the party’s primary election for President.”
(3) For voting systems that do not allow variance in instructions, the following words shall be printed:
“Party-Nominated Offices
Voters registered as a member of the same party as the candidates may vote in this primary election for President and party committee. Some parties may allow voters with no party preference to vote in the party’s primary election for President.”
(b) Before or above the first voter-nominated contest, the following words shall be printed:
“Voter-Nominated Offices
All voters may vote in these contests.
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”
(c) Before or above the first nonpartisan contest, or in the same area as the notice for voter-nominated offices, the following words shall be printed:
“Nonpartisan Offices
All voters may vote in these contests.
Candidates for these offices do not display a party preference.”

SEC. 23.

 Section 13206.5 of the Elections Code is amended to read:

13206.5.
 (a) (1) On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Party-Nominated Offices.” Immediately below that phrase within the same box shall be printed the following: “The party label accompanying the name of a candidate for party-nominated office on the general election ballot means that the candidate is the official nominee of the party shown.” before or above the contest for President, the following words shall be printed:
“Party-Nominated Offices
Candidates for these offices are the official nominee of the party displayed with their name.”
(2) On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the same style of box described in paragraph (1) shall appear and within the box in the same style and point size of type shall be printed “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following: “All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot.” the following words shall be printed:
“Voter-Nominated and Nonpartisan Offices
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”
(b) On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following: “All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan office does not appear on the ballot.” the following words shall be printed:
“Voter-Nominated and Nonpartisan Offices
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”

SEC. 24.

 Section 13208 of the Elections Code is amended to read:

13208.
 (a) In the right-hand margin of each column light vertical lines shall be printed in such a way as to create a voting target next to the name of each candidate for partisan office, voter-nominated office, nonpartisan office (except for Justice of the Supreme Court or justice of a court of appeal), or for chairperson of a group of candidates for delegate to a national convention who express no preference for a presidential candidate. In the case of Supreme Court or appellate justices and in the case of measures submitted to the voters, the lines shall be printed so as to create voting targets to the right of the words “Yes” and “No.” A voting target shall be printed next to the name of each voting option. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.
(b) The standard voting target may be up to one-half inch wide. Voting targets for measures may be as tall as is required by the space occupied by the title and summary. shall be at least 0.12 inches across in either dimension.
(c) As used in this section, “target” means an object designated as the aim for a voter to make a vote selection.

SEC. 25.

 Section 13209 of the Elections Code is amended to read:

13209.
 Whenever a foreign translation of the ballot is required by the federal Voting Rights Act of 1965, as amended by Public Law 94-73, to appear on the ballot as well as the English language version, the ballot, including a ballot reference page or pages as specified in Section 301, ballot may be so designed as to place the foreign translation next to the voting target.

SEC. 26.

 Section 13210 of the Elections Code is amended to read:

13210.
 (a) In the case of candidates for delegate to national convention, there shall be printed in boldface type, not smaller than 12-point, across the column above the names of the persons preferred by the groups of candidates for delegates, at least 10-point bold type, the words, “President of the United States.” The words States” and “Vote for one group only” shall extend to the extreme right-hand margin of the column. only.”

(b)In the case of candidates for President and Vice President, the words “Vote for One Party” shall appear just below the heading “President and Vice President” and shall be printed so as to appear above the voting targets for that office. The heading “President and Vice President” shall be printed in boldface 12-point type.

(c)

(b) In that section of the ballot designated for judicial offices, next to the heading “judicial” shall appear the instruction: “Vote yes or no for each office.”

(d)

(c) In the case of candidates for Justice of the Supreme Court and court of appeal, within the rectangle provided for each candidate, and immediately above each candidate’s name, there shall appear the following: “For (designation of judicial office).” There shall be as many of these headings as there are candidates for these judicial offices. No heading shall apply to more than one judicial office. Underneath each heading shall appear the words “Shall (title and name of Justice) be elected to the office for the term provided by law?”

(e)

(d) In the case of all other candidates, each group of candidates to be voted on shall be preceded by the designation of the office for which they are running, and the words “vote for one” or “vote for no more than two,” or more, according to the number to be nominated or elected. The designation of the office and the words “vote for” shall be printed flush with the left-hand margin in boldface type not smaller than 8-point. The words, “vote for ____” shall extend to the extreme right-hand margin of the column. The number of candidates to be nominated or elected shall be printed in boldface in at least 9-point bold type. The designation of the office and the directions for voting shall be separated from the candidates by a light line. There shall be no line between the headings for federal or legislative offices and the designation of the office and the directions for voting.

SEC. 27.

 Section 13211 of the Elections Code is amended to read:

13211.
 The names of the candidates shall be printed on the ballot, without indentation, in capital, boldface type not smaller than 8-point. at least 10-point bold type.

SEC. 28.

 Section 13211.5 of the Elections Code is amended to read:

13211.5.
 (a) Each group of names of candidates for a particular office shall be printed in immediate succession to another group of names of candidates for a particular office so as to avoid unnecessary spacing or gaps in the sequence in which each series of groups of names are listed on the ballot.

(b)If it is necessary to leave spaces on the ballot in order to provide for the most efficient and least costly process of printing ballots, the spaces shall be located at the end of a column, page, or ballot card wherever possible.

(c)If due to voting system constraints it is necessary to leave a space between offices on a column, page, or ballot card, and the space exceeds one inch, written instructions and a downward arrow or other visual indicator shall be printed on the ballot to direct the voter to the next voting space.

(b) Spaces may be left on the ballot in order to keep an entire contest together in a single column or page, or to manage the arrangement of contests on the ballot.
(c) When a ballot has multiple pages or cards, an instruction shall be printed to direct the voter to continue to the next page or card.

SEC. 29.

 Section 13212 of the Elections Code is amended to read:

13212.
 Except for a voter-nominated office at a general election, under the designation of each office shall be printed as many blank spaces, defined by light lines. lines, as there are candidates to be nominated or elected to the office.

SEC. 30.

 Section 13213 of the Elections Code is amended to read:

13213.
 Each group of names of candidates for a particular office shall be separated from the succeeding group. Each series of groups shall be headed by the a caption that reads “President of the United States,” “President and Vice President,” “State,” “United States Senator,” “United States Representative,” “State Senator,” “Member of the State Assembly,” “County,” or “City” or other proper general classification, as the case may be, printed in boldface capital at least 10-point bold type. Each caption shall be separated from the names of the candidates beneath.

SEC. 31.

 Section 13214 of the Elections Code is amended to read:

13214.
 The left-hand side of the first column of names on the ballot and the right-hand side of the last column of voting targets All sides of the columns on the ballot shall be bordered. The binding or stitching of each package of ballots shall be along the top or head of the ballot. If ballots are to be used on a ballot on demand system or another system that prints content onto ballots, ballots are not required to be bound or stitched.

SEC. 32.

 Section 13216 of the Elections Code is repealed.
13216.

(a)On each ballot a horizontal non-solid-ruled line shall extend across the top of the ballot below the horizontal perforated line. The same number appearing on the stub shall be printed above the horizontal, non-solid-ruled line on the left side of the ballot. Above this number shall be printed in parentheses in small type as follows: “(This number shall be torn off by a precinct board member and handed to the voter.)”. The words “I HAVE VOTED—HAVE YOU?” may also be printed immediately above or below the number.

(b)(1)Next to the ballot number there shall be a short vertical perforated rule or line extending upward from the horizontal non-solid-ruled line to the horizontal perforated line. Immediately above this horizontal non-solid-ruled line shall be printed in boldface lowercase type, at least 12-point in size, enclosed in parentheses, the following: “Fold ballot to this line leaving top margin exposed.”

(2)Above this printed direction and midway between it and the top edge of the ballot shall be printed in boldface uppercase type, at least 12-point in size, the following: “Mark the ballot with pen or pencil.”

(3)Below this direction and midway between it and the next line shall be printed in boldface uppercase type, at least 12-point in size, enclosed in parentheses and with the first four and last five words underlined or otherwise made prominent, the following: “(VOTE BY MAIL BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.)”

(c)A ballot stub is not required if the information listed in subdivisions (a) and (b) is presented to the voter on a separate form accompanying the ballot.

SEC. 33.

 Section 13216 is added to the Elections Code, to read:

13216.
 A ballot stub may be used for a ballot. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 34.

 Section 13216.5 of the Elections Code is repealed.
13216.5.

A ballot stub may be used, but is not required, for a ballot produced on demand if the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the system generating the ballot for use. The ballots may contain printed and distinguishing marks if secrecy in voting is protected.

SEC. 35.

 Section 13233 of the Elections Code is amended to read:

13233.
 In a municipal election, if the number of candidates for an office is such that all of the names will not fit in one column of reasonable length, a double column may be used, and all of the following provisions shall apply:
(a) The space between the two halves of the double column shall be less than that between the double column and any other columns on the ballot, and the lines separating the columns and the two halves of the double column shall be printed so as to emphasize the fact that the candidates in the double column are running for the same office.
(b) The designation of the office and any other words required to be at the top of a single column the contest shall be printed across the top of the entire double column with no dividing line. The words “Vote for one,” “Vote for two,” or more, as the case may be, shall be centered over the entire double column and shall be printed below any other words at the top of the double column.
(c) The names of the candidates, including the blank space or spaces necessary to permit the voter to write in the names of persons not printed on the ballot, shall be apportioned as equally as possible between the two columns. The odd space, if any, shall be included in the left-hand column.
(d) The double column shall be used for no more than one office and for no more than one term for any office.
(e) The order of names and blank spaces in the double column shall be the same as would apply to a single column with the left-hand side of the double column taken first.

SEC. 36.

 Section 13260 of the Elections Code is repealed.
13260.

In approving ballots and ballot cards, the Secretary of State shall not give his or her approval unless the following are true:

(a)The size, shape, and texture of the ballot card are suitable for use in the automatic device in which it is intended to be placed.

(b)The ballot cards are so designed that they can readily be arranged with a section or ballot stub containing the serial number of the ballot and a section with places for the voter to slot or punch holes indicating his or her choices of candidates and votes on measures.

(c)If the ballot is to consist of two or more series of cards, appropriate provision may be made for identifying the related series which comprise the ballot.

SEC. 37.

 Section 13261 of the Elections Code is repealed.
13261.

(a)Each ballot card shall have two stubs attached. The stubs shall be separated from the ballot card and from each other by perforated lines so that they may be readily detached.

(b)(1)One stub shall have the serial ballot number printed on it, and shall be detached from the remainder of the ballot before it is handed to the voter.

(2)The second stub shall have printed on it all of the following:

(A)The same ballot serial number.

(B)The words “This ballot stub shall be removed and retained by the voter.”

(C)The words “OFFICIAL BALLOT” in uppercase boldface type no smaller than 12 point.

(D)In primary elections, the party name, e.g., “Democratic Party,” or the words “Nonpartisan Ballot,” as applicable.

(E)The name of the county.

(F)The date of the election.

(G)Where not otherwise provided, instructions to the voter on how to mark the ballot with the marking device, how to vote for a candidate whose name is not printed on the ballot, and how to secure an additional ballot card if the ballot card is spoiled or marked erroneously.

(3)If the information listed in subparagraphs (A) to (G), inclusive, of paragraph (2) must also appear in one or more languages other than English under the provisions of the federal Voting Rights Act of 1965 as extended by Public Law 94-73, and there is insufficient room for all the information to be set forth in all the required languages while at the same time appearing in a type size sufficiently large to be readable, the official in charge of the election may delete information set forth in subparagraphs (E) and (F) of paragraph (2), in the order listed, until there is sufficient room.

(c)In addition to the instructions to voters printed on the ballot or ballot stub, there shall be displayed in each voting booth instructions to voters substantially in the same form and wording as appears on paper ballots.

Precinct numbers may also be placed on the ballot.

SEC. 38.

 Section 13262 of the Elections Code is repealed.
13262.

(a)The ballot shall contain the same material as to candidates and measures, and shall be printed in the same order as provided for paper ballots, and may be arranged in parallel columns on one or more ballot cards as required, except that the column in which the voter marks his or her choices may be at the left of the names of candidates and the designation of measures.

(b)If there are a greater number of candidates for an office or for a party nomination for an office than the number whose names can be placed on one pair of facing ballot pages, a series of overlaying pages printed only on the same, single side shall be used, and the ballot shall be clearly marked to indicate that the list of candidates for the office is continued on the following page or pages. If the names of candidates for the office are not required to be rotated, they shall be rotated by groups of candidates in a manner so that the name of each candidate shall appear on each page of the ballot in approximately the same number of precincts as the names of all other candidates.

(c)Space shall be provided on the ballot or on a separate write-in ballot to permit voters to write in names not printed on the ballot when authorized by law. The size of the voting square and the spacing of the material may be varied to suit the conditions imposed by the use of ballot cards, provided the size of the type is not reduced below the minimum size requirements set forth in Chapter 2 (commencing with Section 13100).

(d)The statement of measure submitted to the voters may be abbreviated if necessary on the ballot, provided that each and every statement of measures on that ballot is abbreviated. Abbreviation of matters to be voted on throughout the state shall be composed by the Attorney General.

SEC. 39.

 Section 13263 of the Elections Code is repealed.
13263.

The county voter information guide provided pursuant to Chapter 4 (commencing with Section 13300) shall be printed in either of two formats: (a) booklet form, or (b) on one or more sheets on one or both sides. The county voter information guide shall be printed on white or tinted paper and shall include a substantial facsimile of the ballot, including instructions to voters.

SEC. 40.

 Section 13264 of the Elections Code is repealed.
13264.

If more than one ballot card is used at an election, different tints of cardboard stock or other suitable means may be used for each series of ballot cards to facilitate the sorting of ballots.

SEC. 41.

 Section 13265 of the Elections Code is repealed.
13265.

If the number of offices and measures to be voted upon at an election cannot be accommodated on one ballot card, the elections official may, at his or her discretion, place part of the ballot upon more than one ballot card. He or she may also place part of the ballot upon the ballot card or ballot cards and the remainder upon paper, provided that a single ballot measure or the candidates for a single office may not be so split.

SEC. 42.

 Section 13266 of the Elections Code is repealed.
13266.

If punchcard ballots are used for vote by mail voting, the ballots shall be marked by pencil, or by a marking device that enables the voter to register his or her vote by punching or slotting the ballot card. Counting of punchcard ballots marked by pencil may be as with paper ballots, or a true duplicate copy of each ballot may be prepared using the same procedure as provided by Section 15271. Vote by mail voter ballots so prepared shall be counted by the counting device.

SEC. 43.

 Section 13267 of the Elections Code is repealed.
13267.

If an official ballot consisting of one or more individual ballot cards upon which the names of candidates and measures are printed is used for vote by mail voting, the two stubs specified in Section 13261 may be eliminated from the ballot cards by printing a group style number on each card and by printing the information required by subparagraphs (C), (D), (E), (F), and (G) of paragraph (2) of subdivision (b) of Section 13261 on a separate form accompanying the official ballot. If the two stubs are not eliminated, the language required by subparagraph (B) of paragraph (2) of subdivision (b) of Section 13261 to be printed on the second stub may be omitted.

SEC. 44.

 Section 14284 of the Elections Code is repealed.
14284.

(a)All ballots, except vote by mail voter ballots, shall be marked only with the marking device provided by law.

(b)To prevent voters from marking their ballots with a pen or pencil, at the time of delivering a ballot to a voter, the precinct officer shall distinctly state that the voter shall mark the ballot with the device provided by law or the ballot will not be counted.

SEC. 45.

 Section 14284 is added to the Elections Code, to read:

14284.
 (a) All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official.
(b) If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210.

SEC. 46.

 Section 14285 of the Elections Code is repealed.
14285.

Where two or more candidates for the same office are to be elected, and the voter desires to vote for candidates for that office, the voter shall, by using the provided marking device, place a mark in the voting square, rectangle, or other specific voting space following the names of the candidates for that office for whom the voter intends to vote, not exceeding, however, the number of candidates to be elected.

SEC. 47.

 Section 14285 is added to the Elections Code, to read:

14285.
 To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voter’s choice, up to the number of candidates to be elected.

SEC. 48.

 Section 14286 of the Elections Code is amended to read:

14286.
 When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space opposite next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided.

SEC. 49.

 Section 14443 of the Elections Code is amended to read:

14443.
 If ballots are counted by means of electronic, electromechanical, or punchcard device, electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

SEC. 50.

 Section 15210 of the Elections Code is amended to read:

15210.
 In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled “duplicate,” as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

SEC. 51.

 Section 15211 of the Elections Code is repealed.
15211.

If paper ballots are used for vote by mail voting, the canvass may be conducted in accordance with Chapter 1 (commencing with Section 15000), or the elections official may have a true duplicate copy of vote by mail voter paper ballots made on punchcard ballots that shall be verified in the presence of witnesses. After verification the punchcard ballots shall be counted in the same manner as other punchcard ballots.

SEC. 52.

 Section 15360 of the Elections Code is amended to read:

15360.
 (a) During the official canvass of every election in which a voting system is used, the official conducting the election elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:
(1) (A) A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.
(B) (i) In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.
(ii) The elections official may, at his or her the elections official’s discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.
(2) A two-part public manual tally, which includes both of the following:
(A) A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).
(B) (i) A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.
(ii) For purposes of this section, a “batch” means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.
(iii) (I) In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.
(II) The elections official may, at his or her the elections official’s discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b)If vote by mail ballots are cast on a direct recording electronic voting system at the office of an elections official or at a satellite location of the office of an elections official pursuant to Section 3018, the official conducting the election shall either include those ballots in the manual tally conducted pursuant to paragraph (1) or (2) of subdivision (a), or conduct a public manual tally of those ballots cast on no fewer than 1 percent of all the direct recording electronic voting machines used in that election chosen at random by the elections official.

(c)

(b) The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(d)

(c) The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(e)

(d) The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(f)

(e) The elections official conducting the election shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by means of a punchcard voting system or by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

SEC. 53.

 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.