CALIFORNIA ASSOCIATION
OF
CLERKS AND ELECTION OFFICIALS
ELECTIONS LEGISLATIVE COMMITTEE
2009
EGISLATIVE
PROPOSALS
TABLE OF CONTENTS
PAGE
Legislative Proposal 09-01 3
Special Elections Conducted by Mail
Legislative Proposal 09-02 6
Increase Precinct Size
Legislative Proposal 09-03 10
Clarifies Ballot Designation Worksheet Requirements
Legislative Proposal 09-04 15
Removal of Signature from a Petition
Legislative Proposal 09-05 18
Definition of Small City
Legislative Proposal 09-06 20
Eligibility of Students as Poll Workers
Legislative Proposal 09-07 22
Use of City or County Seal in Campaign Materials
09-01
LEGISLATIVE PROPOSAL
2009
SUBMITTED BY: DEAN LOGAN COUNTY OF LOS ANGELES
ADDRESS: 12400 E. Imperial Hwy. Norwalk Ca, 90650 Phone No. (562) 462-2748
AMEND CODE SECTION (S):
Adds Section 4001 to, and amends Section 10704 of, the Elections Code.
WHAT DOES THIS PROPOSAL DO?
Adds provisions that would allow special elections to fill a vacancy in a congressional or
legislative district to be conducted by all mailed ballots at the county’s discretion.
WHAT PROBLEM (S) WILL THIS PROPOSAL RESOLVE? JUSTIFICATION IN DETAIL.
Eliminate election activities associated with providing polling places and poll workers for
elections that have low voter turnout. See attached.
HOW WILL THIS PROPOSAL AFFECT THE AGENCY AND PUBLIC?
Eliminates the need to 1) recruit polling places and poll workers and 2) prepare election
supplies for special vacancy elections.
ARE THERE ANY OTHER RELATED CODE SECTIONS THAT WILL BE AFFECTED?
YES _____ PROVIDE THEM
NO _____
WILL THIS PROPOSAL SAVE/INCREASE COSTS? EXPLAIN AND GIVE ESTIMATES:
Cost savings ranging between $700,000 and $1,400,000.
WHAT OTHER AGENCIES WOULD BE AFFECTED BY THIS PROPOSAL?
Other counties.
WHO WILL OPPOSE THIS PROPOSAL?
Unknown
DRAFT LANGUAGE:
See attached.
WHO WILL SUPPORT THIS PROPOSAL?
Unknown
LOS ANGELES COUNTY REGISTRAR RECORDER/COUNTY CLERK
LEGISLATIVE PROPOSAL
An act to add Section 4001 to, and amend Section
10704 of, the Elections Code relating to elections.
The people of the State of California do enact as follows:
SECTION 1. Section 4001 of the Elections Code is added to read:
§ 4001 (a) Notwithstanding Section 4000, a special election to fill a congressional or legislative
vacancy may be conducted by mail at the county’s discretion.
(b) If any other election is scheduled to be held in territory that is wholly or partially within
the same territory in which the vacancy exists, the board of supervisors may, by resolution, revoke
the adoption of the all-mailed ballot procedure and order the special election consolidated with the
other election pursuant to Section 10402.
SECTION 2. Section 10704 of the Elections Code is amended to read:
§ 10704 (a) A special primary election shall be held in the district in which the vacancy
occurred on the eighth Tuesday or, if the eighth Tuesday is the day of or the day following a state
holiday, the ninth Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1
(commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be
circulated more than 63 days before the primary election, shall be left with the county elections official
for examination not less than 43 days before the primary election, and shall be filed with the Secretary of State not less than 39 days before the primary election.
(b) Notwithstanding Section 3001, applications for vote by mail voter ballots may be
submitted not more than 25 days before the primary election, except that Section 3001 shall apply if the special election or special primary election is consolidated with a statewide election. Applications
received by the elections official prior to the 25th day shall not be returned to the sender, but shall be
held by the elections official and processed by him or her following the 25th day prior to the election in
the same manner as if received at that time.
SUMMARY
This proposal would allow that special elections to fill a vacancy in a congressional or legislative district be conducted by all mailed ballots at the county’s discretion. It provides the option of consolidating with another election in lieu of the all mail ballot procedure if the other election is held in the same territory that is wholly or partially within the same territory in which the vacancy exists. It would also delete language relating to the vote by mail application deadline for these special vacancy elections which would no longer apply under this proposal.
JUSTIFICATION
Historically, special elections to fill congressional and legislative vacancies have failed to attract interest resulting in low voter turnout. For example, in Los Angeles County, four special vacancy elections were held in 2007. The average turnout for these elections was 11 percent with costs incurred ranging from $700,000 to $1,400,000. A significant portion of the costs expended was related to the recruitment of polling places and poll workers and supplying those polling places with election materials. This proposal would have a favorable administrative and fiscal impact by eliminating the need to recruit polling places and poll workers for these elections. In addition, the popularity of voting by mail has tremendously increased therefore, the all mail ballot procedure for this type of election could result in higher voter turnout.
LP1 Rev. 10/27/08
09-02
LEGISLATIVE PROPOSAL
2009
SUBMITTED BY: DEAN LOGAN COUNTY OF LOS ANGELES
ADDRESS: 12400 E. Imperial Hwy. Norwalk Ca, 90650 Phone No. (562) 462-2748
Amends Code Section(s) 12223 and 12261 of the Elections Code.
WHAT DOES THIS PROPOSAL DO?
Enables counties to increase the maximum number of voters in an election precinct or
consolidated precinct from 1,000 to 1,250.
WHAT PROBLEM (S) WILL THIS PROPOSAL RESOLVE?
1) Reduces the number of multiple precinct assignments at a single location and 2) Reduces the
number of polling places and poll workers required for elections.
JUSTIFICATION IN DETAIL
See attached.
HOW WILL THIS PROPOSAL AFFECT THE AGENCY AND PUBLIC?
Facilitates the election process and reduces election costs.
ARE THERE ANY OTHER RELATED CODE SECTIONS THAT WILL BE AFFECTED?
YES _____ PROVIDE THEM
NO X
WILL THIS PROPOSAL SAVE/INCREASE COSTS? EXPLAIN AND GIVE ESTIMATES:
An estimated $500,000 in cost avoidance could be realized for statewide elections in Los
Angeles County.
WHAT OTHER AGENCIES WOULD BE AFFECTED BY THIS PROPOSAL?
Elections officials conducting elections.
WHO WILL OPPOSE THIS PROPOSAL? WHY?
Unknown
DRAFT LANGUAGE:
See attached.
WHO WILL SUPPORT THIS PROPOSAL? WHY?
Elections Officials. Facilitates the election process and cost savings.
WOO9 LP3questionaire 10/31/0
LOS ANGELES COUNTY REGISTRAR RECORDER/COUNTY CLERK
LEGISLATIVE PROPOSAL
An act to amend Sections 12223 and 12261 of the Elections Code relating to elections.
The people of the State of California do enact as follows:
SECTION 1. Section 12223 of the Elections Code is amended to read:
§ 12223 (a) Whenever a jurisdiction is divided into election precincts or
whenever the boundary of an established precinct is changed or a new precinct is
created, the precinct boundary shall be fixed in a manner so that the number of
voters in the precinct does not exceed 1,000 1,250 voters on the 88th day prior to
the day of election, unless otherwise provided by law.
(b) This section shall become operative on January 1, 2005.
SECTION 2. Section 12261 of the Elections Code is amended to read:
§ 12261 (a) The boundaries of precincts for the general election shall be the
same as those established for the direct primary election, except to the extent
necessary to add or subtract precincts as the result of population change or to
divide precincts containing more than 1,000 1,250 voters or to change precinct
boundaries due to jurisdictional boundary changes, or consolidations of elections.
Changes of precinct boundaries may also be made when consolidating precincts.
(b) This section shall become operative on January 1, 2005.
WOO9: LP3 10/31/08
SUMMARY
Existing law provides that whenever 1) any jurisdiction is divided into election
precincts, 2) the boundaries of established precincts are changed or 3) new
precincts are created, the precincts shall be fixed so that the number of voters does
not exceed 1,000 voters.
This proposal would allow counties to increase the maximum number of voters in an
election precinct or consolidated precinct from 1,000 to 1,250 voters.
JUSTIFICATION
It continues to become increasingly difficult to find voters willing to serve as poll
workers and offer their homes as polling place locations. Larger precinct
consolidations would reduce the number of multiple precinct assignments at a single
location. In addition it would reduce the number of polling places and poll workers
required for elections, related election recruitment costs for securing polls and
officers, voting booths/precinct supplies, assembly and delivery, polls and officers’
compensation. It is estimated that as much as a $500,000 cost savings could be
realized for statewide elections. Money saved could be used for additional precinct
inspector training/compensation and to offset election payroll costs used to staff
larger precinct consolidations.
The authority to increase the precinct size would not be arbitrarily or unilaterally
administered, but would be utilized only in instances and areas where a larger
precinct size consolidation would be more convenient and facilitate the voting
process for voters and precinct officers. A percentage of the voters assigned to
each precinct vote by absentee ballot or do not vote, thereby minimizing the number
of voters actually going to the polls to vote. Absentee voting has grown in popularity
and it is anticipated that this means of voting will continue to increase.
WOO9: LP3 10/31/08
The level of service provided at the polls would not be diminished with the proposed
increased precinct size and larger precinct consolidations when the voter turnout is
taken into consideration. In 2001, AB 280. Ch. 904 was enacted to revise the
maximum number of voters in a precinct from 1,000 to 1,250. Under this latitude,
Los Angeles experienced its most successful election in over 40 years, the
November 2004 General Election. These provisions had a sunset date of January 1,
2005 and as of that date repealed.
Allowing elections officials the discretion to increase the election precinct registration
from 1,000 to 1,250 would facilitate the election process and reduce election costs
WOO9: LP3 10/31/08
09-03
LEGISLATIVE PROPOSAL
2009
SUBMITTED BY: DEAN LOGAN COUNTY OF LOS ANGELES
ADDRESS: 12400 E. Imperial Hwy. Norwalk Ca, 90650 Phone No. (562) 462-2748
AMEND CODE SECTION (S)
Amend Sections 8020, 8064 and 13107.3 of the Elections Code
WHAT DOES THIS PROPOSAL DO?
1) Amends provisions relating to the nomination documents required for a primary election to
include the ballot designation worksheet requirement. Also deletes language from the
provisions requiring the worksheet which specifies that, in addition to the nomination
documents filed pursuant to Section 8020, a candidate who submits a ballot designation shall
file a ballot designation worksheet. 2) Provides that a candidate for United States Congress and
Judge of the Superior Court shall obtain and deliver the declaration of candidacy to the
elections official of the county in which the district or court is situated.
WHAT PROBLEM (S) WILL THIS PROPOSAL RESOLVE? JUSTIFICATION IN DETAIL.
1) Deletes ambiguous language in provisions relating to the ballot designation worksheet
requirement. Elections Code Section 13107.3 specifies that each candidate who submits a
ballot designation must file a ballot designation worksheet in addition to the nomination
documents filed pursuant to 8020. E.C. Section 8020 governs nomination procedures for a
primary election. Presently written, the law could be interpreted that only a candidate filing for
an office in a primary election would have to file the work sheet. 2) Amends the law to require
candidates for offices that do not have a residency requirement to file their declaration of
candidacy in the county where the district is situated.
HOW WILL THIS PROPOSAL AFFECT THE AGENCY AND PUBLIC?
Clarifies the law.
ARE THERE ANY OTHER RELATED CODE SECTIONS THAT WILL BE AFFECTED?
YES _____ PROVIDE THEM
NO X
WILL THIS PROPOSAL SAVE/INCREASE COSTS? EXPLAIN AND GIVE ESTIMATES:
N/A
WHAT OTHER AGENCIES WOULD BE AFFECTED BY THIS PROPOSAL?
Election Officials
WHO WILL OPPOSE THIS PROPOSAL? WHY?
Unknown
DRAFT LANGUAGE:
See attached.
WHO WILL SUPPORT THIS PROPOSAL? WHY?
Unknown
LOS ANGELES COUNTY REGISTRAR RECORDER/COUNTY CLERK
LEGISLATIVE PROPOSAL
An act to amend Sections 8020, 8064 and 13107.3
of the Elections Code.
The people of the State of California do enact as follows:
SECTION 1. Section 8020 of the Elections Code is amended to read:
§ 8020 (a) No candidate’s name shall be printed on the ballot to be used at the direct primary
unless the following nomination documents are delivered for filing to the county elections official:
(1) Declaration of candidacy pursuant to Section 8040.
(2) Nomination papers signed by signers pursuant to Section 8041.
(3) Ballot designation worksheet pursuant to Section 13107.3
(b) The forms shall first be available on the 113th day prior to the direct primary election and
shall be delivered not later than 5 p.m. on the 88th day prior to the direct primary. The forms may be delivered to the county elections official by a person other than the candidate.
(c) Upon the receipt of an executed nomination document, the county elections official shall give the person delivering the document a receipt, properly dated, indication that the document was delivered to the county elections official.
(d) Notwithstanding Section 8028, upon request of a candidate, the county elections official
shall provide the candidate with a declaration of candidacy. The county elections official shall not require a candidate to sign, file, or sign and file, a declaration of candidacy as a condition of receiving nomination papers.
SECTION 2. Section 8064 of the Elections Code is amended to read:
§ 8064 (a) The declaration of candidacy shall be obtained from, and delivered to, the elections
official of the county in which the candidate resides and is a voter, in accordance with Section
8028.
(b) In the case of a candidate for United State Representative and Judge of the Superior