BILL NUMBER: SB 637 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN SENATE MAY 13, 2013
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senator Yee
FEBRUARY 22, 2013
An act to add Chapter 4 (commencing with Section 3300) to Division
3 of the Elections Code, relating to voting, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 637, as amended, Yee. Early voting.
Existing law establishes procedures for voters to apply for a vote
by mail ballot and use the ballot to vote in an election. Existing
law allows a jurisdiction in which vote by mail ballots are cast to
begin processing vote by mail ballots 29 days before the election.
This bill would require the Secretary of State to assist
provide guidance to local elections officials in
performing specified tasks for the purpose of promoting and
expanding the practice of early voting, as defined, consistent with
specified statutory authority. The bill would define "early voting"
to mean voting a vote by mail ballot in person at the office of the
elections official or another location designated by the elections
official either before or on the day of the election. The
bill would require the Secretary of State to report to the
Legislature by January 1, 2015, regarding the assistance provided to
local elections officials pursuant to the bill and the results
achieved by local elections officials in promoting and expanding the
practice of early voting. This reporting requirement would become
inoperative on January 1, 2018.
The bill would require a local an
elections official, on a Saturday occurring at least 14
calendar days prior to an election administered by the elections
official on at least one Saturday on or after the date
the elections official first delivers ballots to vote by mail voters
for a statewide election, or for any other election as determined by
the elections official based on voter demand , to
allow voters to vote in the election by means of early
voting at a location that is convenient, the
early voting location designated for this purpose, provided that the
location is accessible , and complies with
disability access requirements under federal and state law. The
bill would permit the elections official to determine the hours of
operation for the designated early voting location or locations for
each Saturday on which early voting is offered, provided that each
location shall be open to voters for a minimum of 4 hours
on each designated Saturday. These provisions regarding Saturday
voting would not apply to all-mailed ballot elections or to
all-mailed ballot precincts.
By requiring local elections officials to perform additional
duties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to make voting more convenient and accessible in order to
increase voter turnout at elections.
SEC. 2. Chapter 4 (commencing with Section 3300) is added to
Division 3 of the Elections Code, to read:
CHAPTER 4. EARLY VOTING
3300. For purposes of this chapter, "early voting" means voting a
vote by mail ballot in person at the office of the elections
official or another location designated by the elections official
either before or on the day of the election.
3301. (a) For purposes of
promoting and expanding the practice of early voting consistent with
the authority granted by this division, the Secretary of State shall
assist provide guidance to local
elections officials in accomplishing all of the following:
(1)
(a) Establishing multiple one
or more locations for early voting, in addition to the
offices of local elections officials which may
include the office of the local elections official .
(2)
(b) Notifying voters of the early voting
location or locations in all ballot materials
sent to voters and through the use of other promotional materials and
methods .
(3)
(c) Ensuring that the early voting
location or locations and the procedures used
therein comply with disability access requirements under
federal and state law.
(b) In assisting local elections officials pursuant to subdivision
(a), the Secretary of State shall consider practices used in other
states to provide for voting before the day of the election.
(c) (1) The Secretary of State shall report to the Legislature by
January 1, 2015, regarding the assistance provided to local elections
officials pursuant to this section and the results achieved by local
elections officials in promoting and expanding the practice of early
voting.
(2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795 of the Government Code.
(3) Pursuant to Section 10231.5 of the Government Code, this
subdivision shall become inoperative on January 1, 2018.
3302. (a) On a at
least one Saturday occurring at least 14 calendar days
prior to an election administered by a local on or
after the date an elections official first delivers ballots to vote
by mail voters for a statewide election, or for any other
election as determined by the elections official based on
voter demand , the elections official shall allow voters to
vote in the election by means of early voting at
a an early voting location designated for
this purpose, provided that is convenient,
the location is accessible , and
complies with disability access requirements under federal and state
law. The elections official may determine the hours of operation
for the designated early voting location or locations for each
Saturday on which early voting is offered pursuant to this section,
provided that each location shall be open to voters for a minimum of
four hours on each designated Saturday.
(b) Subdivision (a) does not apply to all-mailed ballot elections
or to a precinct that is authorized to conduct an election in
accordance with Section 3005.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for elections officials to provide voters with increased
opportunities for early voting at the earliest possible election
dates, it is necessary that this act take effect immediately.