Bill Text: CA AB13 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: Election Day holiday: voting by mail.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Failed) 2023-03-20 - From committee: Without further action pursuant to Joint Rule 62(a). [AB13 Detail]

Download: California-2023-AB13-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 13

Introduced by Assembly Member Essayli
(Coauthors: Assembly Members Megan Dahle, Davies, Dixon, Flora, Joe Patterson, Sanchez, and Waldron)

December 05, 2022

An act to amend Section 7.1 of the Civil Code, to amend Sections 1100, 2170, 3001, 3011, 3015, 3017, 3020, 3102, 3106, 3110, 3111, 3116.5, 12283, and 14212 of, to add Sections 3006 and 3007 to, and to repeal Sections 357.5, 3000.5, 3016, 3016.7, 3025.5, 3025.7, 4005, 4005.5, 4005.7, 4006, and 4007 of, the Elections Code, and to amend Sections 6700, 19853, and 19853.1 of the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 13, as introduced, Essayli. Elections: Election Day holiday: voting by mail.
(1) Existing law requires the statewide general election to be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law designates specific days as holidays in this state.
This bill would add the first Tuesday after the first Monday in November of any even-numbered year to the list of state holidays. By increasing the duties of local officials in connection with the creation of a new state holiday, this bill would create a state-mandated local program.
(2) Existing law requires county elections officials to mail a ballot to every registered voter for all elections, as provided. Existing law authorizes any county to conduct an all-mailed ballot election if certain requirements are met. Existing law also authorizes military and overseas voters to vote by mail.
This bill would repeal the provisions requiring county elections officials to mail a ballot to every registered voter and authorizing a county to conduct an all-mailed ballot election. The bill would instead authorize a voter who is not a military or overseas voter to request a vote by mail ballot only if the voter has an illness or disability that prevents the voter from going to the polls on the date of the election. To receive a vote by mail ballot, a voter who has an illness or disability would be required to submit an application, signed under penalty of perjury, that is received by the county elections official at least 7 days before the date of the election. By expanding the scope of the crime of perjury, the bill would create a state-mandated local program.
(3) Existing law authorizes a voter who is unable to return their ballot to designate any other person to return the ballot, as specified.
This bill would restrict the persons a voter may authorize to return the voter’s ballot to only the voter’s spouse, child, parent, grandparent, grandchild, sibling, or a person residing in the same household as the voter.
(4) Under existing law, a ballot is timely cast if it is received by the elections official no later than 7 days after election day and postmarked on or before election day.
This bill would reduce the deadline for receiving a ballot to 3 days after election day.
(5) This bill would make various conforming and clarifying changes.
(6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 7.1 of the Civil Code is amended to read:

7.1.
 Optional bank holidays within the meaning of Section 9 are: are all of the following:
(a) Any closing of a bank because of an extraordinary situation, as that term is defined in the Bank Extraordinary Situation Closing Act (Chapter 20 4.5 (commencing with Section 3600) 1090) of Division 1 1.1 of the Financial Code).
(b) Every Saturday.
(c) Every Sunday.
(d) January 1st. 1.
(e) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(f) February 12, known as “Lincoln Day.”
(g) The third Monday in February.
(h) The last Monday in May.
(i) July 4th. 4.
(j) The first Monday in September.
(k) September 9th, 9, known as “Admission Day.”
(l) The second Monday in October, known as “Columbus Day.”
(m) The first Tuesday after the first Monday in November in any even-numbered year.

(m)

(n) November 11th, 11, known as “Veteran’s “Veterans Day.”

(n)

(o) December 25th. 25.

(o)

(p) Good Friday from 12 noon p.m. until closing.

(p)

(q) The Thursday in November appointed as “Thanksgiving Day.”

(q)

(r) Any Monday following any Sunday on which January 1st, February 12th, July 4th, September 9th, November 11th, or December 25th falls. 1, February 12, July 4, September 9, November 11, or December 25 falls.

(r)

(s) Any Friday preceding any Saturday on which July 4th, September 9th, or December 25th falls. 4, September 9, or December 25 falls.

SEC. 2.

 Section 357.5 of the Elections Code is repealed.
357.5.

“Vote center” means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007.

SEC. 3.

 Section 1100 of the Elections Code is amended to read:

1100.
 No election shall be held on any day other than a Tuesday, nor shall any election be held on the day before, the day of, or the day after, a state holiday. holiday other than a statewide general election holiday as described in paragraph (16) of subdivision (a) of Section 6700 of the Government Code.

SEC. 4.

 Section 2170 of the Elections Code is amended to read:

2170.
 (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution, including military and overseas voters and voters with disabilities, may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
(d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures:
(1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent and satellite offices of the county elections official and all polling places in the county.
(2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot.
(4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information.
(5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass.
(e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot in accordance with the following procedures:
(1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the location of the voter’s polling place. A voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2).

(4)This subdivision does not apply to elections conducted pursuant to Section 4005 or 4007.

(f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following:
(1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot:
(A) Verify that the registrant is deemed eligible to register to vote.
(B) Verify that the registrant has not voted in the state in that election.

(C)Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005.

(D)

(C) Update the voter’s record to indicate that the voter has voted in that election.
(2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.
(g) The Secretary of State may adopt emergency regulations to implement this section. The Legislature finds and declares that such regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner.

SEC. 5.

 Section 3000.5 of the Elections Code is repealed.
3000.5.

(a)Notwithstanding any other law, for each election, the elections official shall, no later than 29 days before the day of the election, begin mailing the materials specified in Section 3010 to every registered voter. The elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days to mail a ballot to each person who is subsequently registered to vote. The elections official shall not discriminate against any region or precinct in choosing which ballots to mail first within the prescribed five-day mailing period.

(b)The distribution of vote by mail ballots to all registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location.

(c)Consistent with paragraph (2) of subdivision (a) of Section 2226, this section is not intended and shall not be construed to authorize a voter with an inactive voter registration status to receive a vote by mail ballot for an election.

SEC. 6.

 Section 3001 of the Elections Code is amended to read:

3001.
 No later than 29 days before the day of the election, the county elections official shall begin mailing the materials required by Section 3010. 3010 to qualified applicants for vote by mail ballots. The county elections official shall have five days to mail a ballot to each active registered voter person who has requested a vote by mail ballot by the 29th day before the day of the election and five days for each voter who registers to vote requests a vote by mail ballot after that date. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period.

SEC. 7.

 Section 3006 is added to the Elections Code, to read:

3006.
 (a) (1) Any voter who is unable to go to the polls because of illness or disability may submit an application for a vote by mail ballot from the county elections official.
(2) An application to request a vote by mail ballot because of illness or disability must be received by the elections official at least seven days before the date of the election.
(b) The application shall contain spaces for all of the following:
(1) The name and residence address of the registered voter as it appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The name and date of the election for which the request is made.
(4) The date of birth of the registered voter.
(5) A statement that the voter has an illness or disability that prevents the voter from going to the polls on the date of the election.
(c) The application shall be attested to by the voter as to the truth and correctness of its content, and shall be signed under penalty of perjury.
(d) The Secretary of State shall prepare and distribute to county elections officials a uniform application for a vote by mail ballot.
(e) A printed vote by mail ballot application that allows a voter to submit the application by mail shall inform the voter of the address for the county elections official and specify that address as the only appropriate destination address for mailing the application.

SEC. 8.

 Section 3007 is added to the Elections Code, to read:

3007.
 (a) Upon receipt of any vote by mail ballot application pursuant to Section 3006 that arrives within the proper time, the elections official shall determine if the signature and residence address on the ballot application are the same as that on the original affidavit of registration. The elections official may make this signature check upon receiving the voted ballot, but the signature shall be compared before the vote by mail voter ballot is canvassed.
(b) If the elections official deems the applicant entitled to a vote by mail voter’s ballot, the elections official shall deliver a vote by mail ballot to the voter by mail or in person. The ballot may be delivered to the applicant or the applicant’s spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicant’s spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and the person’s relationship to the applicant and affirms that the person is 16 years of age or older and is authorized by the applicant to receive the vote by mail ballot.

SEC. 9.

 Section 3011 of the Elections Code is amended to read:

3011.
 (a) The identification envelope shall contain all of the following:
(1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted.
(8) A statement that the voter has neither voted applied nor intends to vote a apply for a vote by mail ballot from any other jurisdiction for the same election.
(9) The name and signature name, signature, and relationship to the voter of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference may not be stamped or printed on the identification envelope.
(c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature.
(d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision.

SEC. 10.

 Section 3015 of the Elections Code is amended to read:

3015.
 (a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day, day or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, permitted shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied:
(1) They surrender their vote by mail voter ballots to the inspector of the precinct board, a member of the vote center election board, board or the elections official.
(2) They are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board, vote center election board, board or elections official does all of the following:
(A) Verifies that they have not returned their vote by mail ballots.
(B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls.
(b) The precinct board and vote center election board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose.

SEC. 11.

 Section 3016 of the Elections Code is repealed.
3016.

Vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be issued a provisional ballot in accordance with Section 14310 if neither of the conditions in subdivision (a) of Section 3015 is satisfied.

SEC. 12.

 Section 3016.7 of the Elections Code is repealed.
3016.7.

The county elections official shall permit any voter to cast a ballot using a certified remote accessible vote by mail system, regardless of whether the voter is a voter with disabilities or a military or overseas voter.

SEC. 13.

 Section 3017 of the Elections Code is amended to read:

3017.
 (a) (1) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: may return the ballot by mail to the elections official who issued the ballot.

(A)Return the ballot by mail or in person to the elections official who issued the ballot.

(B)Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.

(C)Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.

(2) A vote by mail voter who is unable to return the ballot may designate another person the voter’s spouse, child, parent, grandparent, grandchild, sibling, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. 3025. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day.
(3) The ballot must be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, place, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. internet website. If the county does not have an elections division Internet Web site, internet website, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis.
(2) For purposes of this paragraph, subdivision, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.

SEC. 14.

 Section 3020 of the Elections Code is amended to read:

3020.
 (a) All vote by mail ballots cast under this division shall be received by the elections official from whom they were obtained or by the precinct board no later than the close of the polls on election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast under this division shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than seven three days after election day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day.
(2) If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day.
(c) For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.

SEC. 15.

 Section 3025.5 of the Elections Code is repealed.
3025.5.

(a)(1)A county that does not conduct an election pursuant to either Section 4005 or 4007 shall provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held or at least one vote by mail ballot drop-off location 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, whichever results in more vote by mail ballot drop-off locations.

(2)Notwithstanding paragraph (1), for a jurisdiction with fewer than 30,000 registered voters, at least one vote by mail ballot drop-off location shall be provided. The elections official shall make a reasonable effort to provide a vote by mail ballot drop-off location in the jurisdiction where the election is held.

(b)A vote by mail ballot drop-off location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots. All vote by mail ballot drop-off locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.

(c)At least one vote by mail ballot drop-off location shall be an exterior drop box that is available for a minimum of 12 hours per day.

(d)For the purposes of this section, “vote by mail ballot drop-off location” has the same meaning as in Section 3025.

SEC. 16.

 Section 3025.7 of the Elections Code is repealed.
3025.7.

(a)A county that conducts a statewide primary or statewide general election in accordance with Section 3025.5, Section 4005, or Section 4007 shall, in addition to the vote by mail ballot drop-off locations required by those sections, provide the following vote by mail ballot drop-off locations:

(1)The elections official shall designate one location on the main campus of each California State University within the official’s jurisdiction for an additional vote by mail ballot drop-off location.

(2)The elections official shall request that the governing body having jurisdiction over any University of California campus within the official’s jurisdiction authorize the use of one location on that campus for an additional vote by mail ballot drop-off location. The University of California is encouraged to comply with a request made under this paragraph.

(3)A county may, but is not required to, provide a vote by mail ballot drop-off location on a campus in accordance with this subdivision if the campus is not in session for its fall, winter, or spring term on the day of the election.

(b)When selecting ballot drop-off locations required by Section 3025.5, Section 4005, or Section 4007 for a statewide primary or statewide general election, the elections official shall give preference to locations on California Community college campuses that will be in session for the fall, winter, or spring term on the day of the election, and that have an annual enrollment of at least 10,000 students.

(c)A ballot drop-off location established in accordance with this section shall be accessible to voters with disabilities and shall comply with the general accessibility requirements described in Section 4005.

SEC. 17.

 Section 3102 of the Elections Code is amended to read:

3102.
 (a) Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall have the right to register for, and to vote by a vote by mail ballot in, any election within the state, including any general, special, or primary election for any federal or statewide office or state ballot measure that is voted on statewide. Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall also have the right to register for, and to vote by a vote by mail ballot in, any other election for any office or ballot measure held in the precinct in which the voter was a resident when the voter was last living within the territorial limits of the United States or the District of Columbia, or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, in any precinct of the state in which the voter’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia.
(b) When a military or overseas voter registers to vote, the applies for a vote by mail ballot, the application shall be deemed to be an affidavit of registration. The application shall be completed by the voter and shall contain the voter’s name; the voter’s date of birth; the address of the voter’s residence in the state when the voter was last living within the territorial limits of the United States or the District of Columbia or, if qualified as a military or overseas voter pursuant to paragraph (2) of subdivision (b) of Section 321, the address of the voter’s parent or legal guardian when the parent or legal guardian was last living within the territorial limits of the United States or the District of Columbia; the address to which the ballot is to be sent; the voter’s political party preference or a statement that the voter declines to disclose a political party preference; and the voter’s signature.
(c) If an elections official receives a completed federal postcard application from a person qualified as a military or overseas voter, the application shall be deemed to be an affidavit of registration. registration and an application for a vote by mail ballot.
(d) If the applicant is not a resident of the county to which the applicant has applied, the elections official receiving an application from a military or overseas voter shall forward it immediately to the county in which the applicant resided when the applicant was last living within the territorial limits of the United States or the District of Columbia or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia.
(e) An application made pursuant to this section that is received by the elections official having jurisdiction over the election and deemed to be an affidavit of registration shall be effective only if it is postmarked on or before the 15th day prior to the election.

SEC. 18.

 Section 3106 of the Elections Code is amended to read:

3106.
 (a) A military or overseas voter who is living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the seventh day prior to the date of the election, may return their ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall be accompanied by an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the following form:
“OATH OF VOTER
I,, acknowledge that by returning my voted
ballot by facsimile transmission I have waived my right to have my ballot
kept secret. Nevertheless, I understand that, as with any vote by mail
voter, my signature, whether on this oath of voter form or my identification
envelope, will be permanently separated from my voted ballot to maintain
its secrecy at the outset of the tabulation process and thereafter.

My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).

My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).

My email address is _________________. My facsimile transmission
number is _________________.

I am a resident of __________ County, State of California, or am qualified
as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of
the Elections Code and I have not voted, applied, nor intend to vote, a apply, for a vote by mail ballot from any other jurisdiction for the same election.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated this __________ day of ______, 20_____.

(Signature)
  (voter)(power of attorney cannot be accepted)

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED
BY FACSIMILE TRANSMISSION.”
(b) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a ballot returned by facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information with the signature on the voter’s affidavit of registration or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code.
(d) Notwithstanding subdivision (a), a military or overseas voter who is permitted to return their ballot by facsimile transmission is, nonetheless, encouraged to return their ballot by mail or in person if possible. A military or overseas voter should return a ballot by facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day.

SEC. 19.

 Section 3110 of the Elections Code is amended to read:

3110.
 If any military or overseas voter returns to the county of their residence, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia, after the seventh day prior to the date of the election, they may appear before the elections official and make application for registration. registration, a vote by mail ballot, or both. The elections official shall register the voter, if the voter is not registered, and deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots.

SEC. 20.

 Section 3111 of the Elections Code is amended to read:

3111.
 If a military or overseas voter is unable to appear at their polling place because of being recalled to service after the seventh day prior to the date of the election, but before 5 p.m. on the day before the day of the election, they may appear before the elections official in the county in which the military or overseas voter is registered or, if within the state, in the county in which the voter is recalled to service. service and make application for a vote by mail ballot. The elections official shall deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots. To be counted, the ballot shall be returned to the elections official’s office in person, by facsimile transmission, or by an authorized person on or before the close of the polls on the day of the election. If the military or overseas voter appears in the county in which the voter is recalled to service, rather than the county to which the voter is registered, the elections official shall coordinate with the elections official in the county in which the military or overseas voter is registered to provide the ballot that contains the appropriate measures and races for the precinct in which the military or overseas voter is registered.

SEC. 21.

 Section 3116.5 of the Elections Code is amended to read:

3116.5.
 (a) A county elections official shall permit a military or overseas voter to cast his or her a ballot using a certified remote accessible vote by mail system.

(b)This section does not apply to a county when conducting an all-mailed ballot election pursuant to Section 4005.

(c)

(b) This section shall become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19, whichever is later.

SEC. 22.

 Section 4005 of the Elections Code is repealed.
4005.

(a)Notwithstanding Section 4000 or any other law, on or after January 1, 2018, the Counties of Calaveras, Inyo, Madera, Napa, Nevada, Orange, Sacramento, San Luis Obispo, San Mateo, Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, and, except as provided in Section 4007, on or after January 1, 2020, any county may conduct any election as an all-mailed ballot election if all of the following apply:

(1)(A)At least two ballot dropoff 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 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. For purposes of this subparagraph, a vote center that includes an exterior ballot drop box counts only as a single ballot dropoff location. Ballot dropoff locations shall comply with the regulations adopted pursuant to subdivision (b) of Section 3025.

(B)A ballot dropoff location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is 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 day of the election, and on the day 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)(A)The county elections official permits a voter residing in the county to do any of the following at a vote center:

(i)Return, or vote and return, the voter’s vote by mail ballot.

(ii)Register to vote, update the voter’s voter registration, and vote pursuant to Section 2170.

(iii)Receive and vote a provisional ballot pursuant to Section 3016 or Article 5 (commencing with Section 14310) of Chapter 3 of Division 14.

(iv)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.

(v)Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience.

(B)Each vote center shall have at least three voting machines that are accessible to voters with disabilities.

(3)(A)On the day of the election, from 7 a.m. to 8 p.m., inclusive, and on each of the three days before the election, for a minimum of eight hours per day, at least one vote center is provided for every 10,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election. At least 90 percent of the number of vote centers required by this subparagraph shall be open for all four days during the required times. Up to 10 percent of the number of vote centers required by this subparagraph may be open for less than four days if at least one vote center is provided for every 10,000 registered voters on each day.

(B)Notwithstanding subparagraph (A), for a jurisdiction with fewer than 20,000 registered voters, a minimum of two vote centers are provided on the day of the election and on each of the three days before the election within the jurisdiction where the election is held.

(4)(A)Beginning 10 days before the day of the election and continuing daily up to and including the fourth day before the election, for a minimum of eight hours per day, at least one vote center is provided for every 50,000 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 50,000 registered voters, a minimum of two vote centers are provided within the jurisdiction where the election is held.

(C)The 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.).

(D)The vote centers provided under this section are equitably distributed across the county so as to afford maximally convenient options for voters and are established at accessible locations as near as possible to established public transportation 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)The 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 for voters with disabilities to 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 read and mark privately and independently pursuant to the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(6)(A)Except as otherwise provided for in this section, election boards for the 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)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 the official’s internet website 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 (a) 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 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).

(7)(A)Beginning 10 days before the election, the county elections official maintains, in an electronic format, an index of voters who have done any of the following at one of the vote centers established pursuant to this section:

(i)Registered to vote or updated the voter’s voter registration.

(ii)Received and voted a provisional ballot or replacement ballot.

(iii)Voted a ballot using equipment at the vote center.

(B)The index required by subparagraph (A) includes the same information for each voter as is required to be included on copies of the roster that are posted pursuant to Section 14294. The index required by subparagraph (A) shall be updated continuously during any time that a vote center is open in the jurisdiction.

(8)(A)No later than 29 days before the day of the election, the county elections official begins mailing to registered voters a vote by mail ballot packet that includes a return envelope with instructions for the use and return of the vote by mail ballot. The county elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days for each subsequent registered voter. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period.

(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 packet, all of the following:

(i)A notice, translated in all languages required under subdivision (a) 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 be issued a vote by mail ballot by mail.

(II)The voter may cast a vote by mail ballot in person at a vote center during the times and days specified in subparagraph (A) of paragraph (4) or on election day.

(III)No later than seven days before the day 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.

(IV)No later than seven days before the day of the election, the voter may request the county elections official to send or deliver a ballot that voters with disabilities can read and mark privately and independently pursuant to the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(ii)A list of the ballot dropoff locations and vote centers established pursuant to this section, including the dates and hours they are open. The list shall also be posted on the internet website of the county elections official in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.

(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 or for the purpose of requesting a vote by mail ballot in an accessible format.

(C)Upon request, the county elections official provides written voting materials to voters with disabilities in an accessible format, as required by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.).

(9)(A)The county elections official establishes a language accessibility advisory committee that is comprised of representatives of language minority communities. The committee shall be established no later than October 1 of the year before the first election conducted pursuant to this section. The committee shall hold its first meeting no later than April 1 of the year in which the first election is conducted pursuant to this section.

(B)The county elections official establishes a voting accessibility advisory committee that is comprised of voters with disabilities. The committee shall be established no later than October 1 of the year before the first election conducted pursuant to this section. The committee shall hold its first meeting no later than April 1 of the year in which the first election is conducted pursuant to this section.

(C)A county with fewer than 50,000 registered voters may establish a joint advisory committee for language minority communities and voters with disabilities.

(10)(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 (a) 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)Vote center and ballot dropoff location proximity to communities with low rates of household vehicle ownership.

(vii)Vote center and ballot dropoff location proximity to low-income communities.

(viii)Vote center and ballot dropoff location proximity to communities of eligible voters who are not registered to vote and may need access to same day voter registration.

(ix)Vote center and ballot dropoff location proximity to geographically isolated populations, including Native American reservations.

(x)Access to accessible and free parking at vote centers and ballot dropoff locations.

(xi)The distance and time a voter must travel by car or public transportation to a vote center and ballot dropoff location.

(xii)The need for alternate methods for voters with disabilities for whom vote by mail ballots are not accessible to cast a ballot.

(xiii)Traffic patterns near vote centers and ballot dropoff locations.

(xiv)The need for mobile vote centers in addition to the number of vote centers established pursuant to this section.

(xv)Vote center location on a public or private university or college campus.

(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 comments. The meeting shall be publicly noticed at least 10 days in advance of the meeting on the internet websites 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 website, 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 shall consider any public comments the official receives from the public and shall amend the draft plan in response to the public comments to the extent the official deems appropriate. 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)(i)Following the 14-day review and comment period required by clause (ii) of subparagraph (D), the county elections official may adopt a final plan for the administration of elections conducted pursuant to this section, and shall submit the voter education and outreach plan that is required by clause (i) of subparagraph (I) to the Secretary of State for approval.

(ii)The Secretary of State shall approve, approve with modifications, or reject a voter education and outreach plan submitted pursuant to clause (i) of subparagraph (I) within 14 days after the plan is submitted by the county elections official.

(iii)The draft plan, the amended draft plan, and the adopted final plan for the administration of elections conducted pursuant to this section shall be posted on the internet website of the county elections official in each language in which the county is required to provide voting materials and assistance under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and the Secretary of State’s internet website in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.

(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 the official provides at least 30 days to accept public comments on the amended plan.

(I)The plan for the administration of elections conducted pursuant to this section, includes all of the following:

(i)A voter education and outreach plan that is approved by the Secretary of State and that 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 use the media, including social media, newspapers, radio, and television for purposes of informing voters of the availability of a vote by mail ballot in an accessible format and the process for requesting such a ballot.

(III)A description of how the county elections official will have a community presence to educate voters regarding the provisions of this section.

(IV)A description of the accessible information that will be publicly available on the accessible internet website of the county elections official.

(V)A description of the method used by the county elections official to identify language minority voters.

(VI)A description of how the county elections official will educate and communicate the provisions of this section to the public, including:

(ia)Communities for which the county is required to provide voting materials and assistance in a language other than English under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The county elections official shall hold at least one bilingual voter education workshop for each language in which the county is required to provide voting materials and assistance in a language other than English under subdivision (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

(ib)The disability community, including organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. The county elections official shall hold at least one voter education workshop to increase accessibility and participation of eligible voters with disabilities.

(VII)A description of how the county will spend the necessary resources on voter education and outreach to ensure that voters are fully informed about the election. This description shall include information about the amount of money the county plans to spend on voter education and outreach activities under the plan, and how that compares to the amount of money spent on voter education and outreach in recent similar elections in the same jurisdiction that were not conducted pursuant to this section.

(VIII)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. Outreach made under this subclause shall include access for voters who are deaf or hard of hearing and voters who are blind or visually impaired.

(IX)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 (a) 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.

(X)At least two direct contacts with voters for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. The two direct contacts are in addition to any other required contacts including, but not limited to, sample ballots and the delivery of vote by mail ballots.

(ii)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 a voter with disabilities can mark privately and independently.

(iii)A description of how the county elections official will address significant disparities in voter accessibility and participation identified in the report required by subdivision (g).

(iv)A description of the methods and standards that the county elections official will use to ensure the security of voting conducted at vote centers.

(v)Information about estimated short-term and long-term costs and savings from conducting elections pursuant to this section as compared to recent similar elections in the same jurisdiction that were not conducted pursuant to this section.

(vi)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 services provided to voters with disabilities, including, but not limited to, the type and number of accessible voting machines and reasonable modifications at each vote center.

(XI)The design, layout, and placement of equipment inside each vote center that protects each voter’s right to cast a private and independent ballot.

(vii)A toll-free voter assistance hotline that is accessible to voters who are deaf or hard of hearing, and that is maintained by the county elections official that is operational no later than 29 days before the day 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 (a) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

(J)The plan for the administration of elections conducted pursuant to this section is posted in a format that is accessible to persons with disabilities on the internet website of the Secretary of State and on the internet website of the county elections official.

(b)Notwithstanding Section 4000 or any other law, on or after January 1, 2018, the Counties of Calaveras, Inyo, Madera, Napa, Nevada, Orange, Sacramento, San Luis Obispo, San Mateo, Santa Clara, Shasta, Sierra, Sutter, and Tuolumne, and on or after January 1, 2020, any county may conduct a special election as an all-mailed ballot election under this section if all of the following apply:

(1)The county elections official has done either of the following:

(A)Previously conducted an election as an all-mailed ballot election in accordance with subdivision (a).

(B)Adopted a final plan for the administration of elections pursuant to clause (i) of subparagraph (E) of paragraph (10) of subdivision (a), in which case the county elections official shall complete all activities provided for in the voter education and outreach plan that is required by clause (i) of subparagraph (I) of paragraph (10) of subdivision (a) before the day of the special election.

(2)(A)On the day of election, from 7 a.m. to 8 p.m., inclusive, at least one vote center is provided for every 30,000 registered voters. If the jurisdiction is not wholly contained within the county, 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)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. If the jurisdiction is not wholly contained within the county, 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.

(4)(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 day of the election, and on the day 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.

(c)Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000).

(d)The county elections official may provide, at the official’s discretion, additional ballot dropoff locations and vote centers for purposes of this section.

(e)The return of voted vote by mail ballots is subject to Sections 3017 and 3020.

(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.

(g)(1)(A)Within six months of each election conducted pursuant to this section or Section 4007, the Secretary of State shall report to the Legislature, to the extent possible, all of the following information by categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, historical polling place voters, political party affiliation, and language minorities as it relates to the languages required under subdivision (a) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.):

(i)Voter turnout.

(ii)Voter registration.

(iii)Ballot rejection rates.

(iv)Reasons for ballot rejection.

(v)Provisional ballot use.

(vi)Accessible vote by mail ballot use.

(vii)The number of votes cast at each vote center.

(viii)The number of ballots returned at ballot dropoff locations.

(ix)The number of ballots returned by mail.

(x)The number of persons who registered to vote at a vote center.

(xi)Instances of voter fraud.

(xii)Any other problems that became known to the county elections official or the Secretary of State during the election or canvass.

(B)The report required by subparagraph (A) shall be posted on the internet website of the Secretary of State in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.

(C)The report required by subparagraph (A) shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.

(D)If an election is conducted pursuant to this section, the county shall submit, to the extent possible, to the Secretary of State the information needed for the Secretary of State to prepare the report required by subparagraph (A).

(E)The Secretary of State may contract with any qualified person or organization for purposes of preparing the report required by subparagraph (A).

(2)The county elections official shall post on the official’s internet website a report that compares the cost of elections conducted pursuant to this section to the costs of previous elections. The report shall be posted in a format that is accessible for people with disabilities pursuant to Section 11135 of the Government Code.

(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. 23.

 Section 4005.5 of the Elections Code is repealed.
4005.5.

The Secretary of State shall assist each county conducting an election in 2018 pursuant to Section 4005 in providing voter education and community outreach in addition to the voter education and outreach required by Section 4005, including, but not limited to, direct contact with voters. The Secretary of State may provide funding allocated for the purposes of this section to each county.

SEC. 24.

 Section 4005.6 of the Elections Code is repealed.
4005.6.

An election conducted pursuant to Section 4005 or 4007 is subject to the following requirements:

(a)The provisions of Sections 14200 and 14201 that apply to polling places also apply to vote centers.

(b)Prior to every election, the county elections official shall determine if a voter has previously identified a preferred language other than English to the elections official or to the Secretary of State. If the voter’s precinct is required to have a facsimile copy of the ballot in the voter’s preferred language pursuant to Section 14201, the county elections official shall send to him or her by regular mail or electronic mail a facsimile copy of the ballot in that language. The voter shall receive the facsimile copy of the ballot before vote centers open pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 4005. The facsimile copy of the ballot shall be sufficiently distinct in appearance from a regular ballot to prevent voters from attempting to vote on the facsimile copy.

SEC. 25.

 Section 4006 of the Elections Code is repealed.
4006.

For any election conducted pursuant to Section 4005, the county elections official shall make a reasonable effort to inform a voter of either of the following:

(a)If the voter’s vote by mail ballot envelope is missing a signature.

(b)How the voter can correct the missing signature.

SEC. 26.

 Section 4007 of the Elections Code is repealed.
4007.

(a)On or after January 1, 2020, the County of Los Angeles may conduct any election as a vote center election if all of the following apply:

(1)The county elections official complies with all the provisions of subdivision (a) of Section 4005 that are not inconsistent with this section.

(2)Every permanent vote by mail voter receives a ballot.

(3)At least two ballot dropoff 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 15,000 permanent vote by mail 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.

(4)Within the jurisdiction where the election is held, at least one vote center is provided for each city that has at least 1,000 registered voters according to the official report of registration submitted by the county elections official to the Secretary of State before the last general election.

(5)On the day of the election, from 7 a.m. to 8 p.m., inclusive, and on each of the three days before the election, for a minimum of eight hours per day, at least one vote center is provided for every 7,500 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election. At least 90 percent of the number of vote centers required by this subparagraph shall be open for all four days during the required times. Up to 10 percent of the number of vote centers required by this subparagraph may be open for less than four days if at least one vote center is provided for every 7,500 registered voters on each day.

(6)Beginning 10 days before the day of the election and continuing up to and including the fourth day 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 election.

(7)Precincts with fewer than 500 registered voters are designated as all vote-by-mail ballot precincts.

(8)Voters residing in a legislative or congressional district that lies partially within the County of Los Angeles and that also lies within another county that is conducting an election pursuant to subdivision (a) of Section 4005 receive a vote by mail ballot if they are eligible to vote in that election.

(9)Voters in a precinct that is either more than a 30 minute travel time from a vote center or in which the polling place in the most recent statewide general election is more than 15 miles from the nearest vote center are mailed a vote by mail ballot.

(10)The vote centers are located within a reasonable travel time of registered voters.

(11)The county elections official conducts a service area analysis of the vote center plans, identifies services gaps, and publicly reports those findings.

(b)Notwithstanding Section 4000 or any other law, on or after January 1, 2020, the County of Los Angeles may conduct a special election as an all-mailed ballot election pursuant to subdivision (b) of Section 4005.

(c)No later than four years after conducting the first vote center election pursuant to this section, the County of Los Angeles may conduct all-mailed ballot elections pursuant to Section 4005 and shall not conduct vote center elections pursuant to this section.

SEC. 27.

 Section 12283 of the Elections Code is amended to read:

12283.
 (a) For purposes of this section, “public building” means a building owned or controlled by any of the following:
(1) A local governmental agency, including a city or county.
(2) The University of California.
(3) The California State University.
(4) A community college district.
(b) (1) The governing body having jurisdiction over school buildings or other public buildings may authorize the use of its buildings for polling places, or for vote centers, as described in Section 4005, beginning up to 10 days before the election and continuing through election day, and it may also authorize the use of its buildings, without cost, for the storage of voting machines and other vote-tabulating devices.
(2) If a city or county elections official specifically requests the use of a school building or public building for polling places, or vote centers beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for drop-off, set-up, and pick-up of election materials, as determined by the elections official, the governing body having jurisdiction over the particular school building or public building shall allow its use for the purpose requested, except that the University of California is encouraged, but not required, to comply with a request made pursuant to this paragraph.
(3) When allowing use of a school building for polling places or vote centers, places, the governing body may, but is not required to, do any of the following:
(A) Continue school in session, if the governing body identifies to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places or vote centers. places.
(B) Designate the day for staff training and development.
(C) Close the school to students and certificated employees.
(c) (1) An elections official requesting the use of a school building pursuant to subdivision (b) shall include in the official’s request a list of the schools from which the use of a building for polling places or vote centers is needed. Requests must be made within sufficient time in advance of the school year for the governing body to determine, on a school-by-school or districtwide basis, whether to keep the affected schools in session, designate the schoolday for staff training and development, or close the school to students and nonclassified employees before school calendars are printed and distributed to parents.
(2) An elections official requesting the use of a public building pursuant to subdivision (b) shall include in the official’s request a list of the buildings from which the use of a building for polling places or vote centers is needed. Requests shall be made sufficiently before election day for the governing body of the city, county, or other local governmental agency to adequately plan for the public building’s use as a polling place or vote center. place.
(d) Once a governing body has approved the use of a school building or public building as a polling place or vote center, place, the governing body shall instruct the school district or other public administrator to provide the elections official a site with an adequate amount of space that will allow the precinct board or vote center to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and to make internet access available for use by local elections officials, if requested. Beginning 10 days before the election and continuing through election day, if requested by the elections official, the district administrator shall make building parking available at no charge to the precinct or vote center board and voters.
(e) A public building, including, but not limited to, a building operated by a school district, that is used as a polling place or vote center shall comply with applicable accessibility requirements described in this article, 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.).

SEC. 28.

 Section 14212 of the Elections Code is amended to read:

14212.
 The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the same day, when the polls shall be closed, except as provided in Sections 4005, 4007, and Section 14401.

SEC. 29.

 Section 6700 of the Government Code is amended to read:

6700.
 (a) The holidays in this state are:
(1) Every Sunday.
(2) January 1.
(3) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(4) The date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year.”
(5) February 12, known as “Lincoln Day.”
(6) The third Monday in February.
(7) March 31, known as “Cesar Chavez Day.”
(8) April 24, known as “Genocide Remembrance Day.”
(9) The last Monday in May.
(10) June 19, known as “Juneteenth.”
(11) July 4.
(12) The first Monday in September.
(13) September 9, known as “Admission Day.”
(14) The fourth Friday in September, known as “Native American Day.”
(15) The second Monday in October, known as “Columbus Day.”
(16) The first Tuesday after the first Monday in November in any even-numbered year.

(16)

(17) November 11, known as “Veterans Day.”

(17)

(18) December 25.

(18)

(19) Good Friday from 12 noon until 3 p.m.

(19)

(20) (A) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
(B) Except for the Thursday in November appointed as Thanksgiving Day, this paragraph and paragraphs (3), (4), and (7) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.
(b) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 30.

 Section 19853 of the Government Code is amended to read:

19853.
 (a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, the day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.
(b) If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.
(c) Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and eight hours of holiday credit.
(d) For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime.
(e) Any state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the date corresponding with the new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
(f) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
(g) If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 31.

 Section 19853.1 of the Government Code is amended to read:

19853.1.
 (a) Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5.
(b) Except as provided in subdivision (c), all employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, the day after Thanksgiving, December 25, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.
If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. Any employee who may be required to work on any of the holidays included in this section and who does work on any of these holidays shall be entitled to be paid compensation or given compensating time off for that work in accordance with their classification’s assigned workweek group.
(c) If the provisions of subdivision (b) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(d) Any employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, is entitled to the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
(1) January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the first Tuesday after the first Monday in November in any even-numbered year, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25.
(2) When November 11 falls on a Saturday, employees shall be entitled to the preceding Friday as a holiday with pay.
(3) When a holiday, other than a personal holiday, falls on a Saturday, an employee shall, regardless of whether the employee works on the holiday, accrue only an additional eight hours of personal holiday credit per fiscal year for the holiday. The holiday credit shall be accrued on the actual date of the holiday and shall be used within the same fiscal year.
(4) When a holiday other than a personal holiday falls on Sunday, employees shall be entitled to the following Monday as a holiday with pay.
(5) Employees who are required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with their classification’s assigned workweek group.
(6) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
(e) Any employee, as defined in subdivision (c) of Section 3513, may elect to use eight hours of vacation, annual leave, or compensating time off consistent with departmental operational needs and collective bargaining agreements for the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” and the fourth Friday in September, known as “Native American Day.”
(f) This section shall become effective with regard to the March 31 holiday only when the Department of Human Resources notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Human Resources authorizes this holiday to be applied to employees designated as excluded from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), and the necessary statutes are amended to reflect this change.

SEC. 32.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.

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