Elections Code Sections Only Affecting Certain Counties

 

Pilot Program for San Diego County – All-Mailed Ballot Special Election or Special Consolidated Election

Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following:

  • (1)   A special election to fill a vacancy in a congressional or legislative office.
  • (2)   A special election to fill a vacancy in the legislative body or governing body.
  • (3)   A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9.  

(§ 4000.5(a).)

Pursuant to Section 4000.5(b), for a special election or a consolidated election under the  Pilot Program of San Diego County to be allowed, various requirements, including the following which are of note here, must be satisfied:

At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election.  (§ 4000.5(b)(5)(A).)

The polling places provided under this section shall be established at accessible locations and 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. (§ 4000.5(b)(5)(C).)

If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language. (§ 4000.5(b)(5)(D).)

If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language. (§ 4000.5(b)(5)(E).)

Pilot Programs for Monterey, Sacramento, San Mateo, and Yolo Counties – All-Mailed Ballot Election

Notwithstanding Section 4000 or any other law, as a pilot program, elections in San Mateo County, Yolo County, Sacramento County, and Monterey County may be conducted wholly by mail if all of the following conditions are satisfied:

  • (1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election.
  • (2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section.
  • (3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress.

(§ 4001(a).)

Pursuant to Section 4001(a), for a special election or a consolidated election under the Pilot Program for Monterey, Sacramento, San Mateo, and Yolo Counties to be allowed, various requirements, including the following which are of note here, must be satisfied:

For San Mateo County and Yolo County, at least one polling place is provided per city. (§ 4001(a)(4)(B)(i).)

For Monterey County and Sacramento County, at least one polling place is provided for every 50,000 registered voters, with a minimum of one polling place per city, in a manner so that the number of registered voters for each polling place does not exceed 50,000 on the 88th day before the day of election, whichever results in more polling places. (§ 4001(a)(4)(B)(ii).)

The polling place(s) shall allow voters to request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason. (§ 4001(a)(4)(B)(iii).)

The polling place(s) are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently. (§ 4001(a)(8)(A).)