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CONCURRENCE IN SENATE AMENDMENTS
AB 1535 (Committee on Elections and Redistricting)
As Amended July 13, 2015
Majority vote
ASSEMBLY:
74-0
(May 22, 2015)
SENATE:
40-0
(September 9, 2015)
Original Committee Reference: E. & R.
SUMMARY: Requires a voter who has signed an initiative, referendum, or recall petition, and
who subsequently wishes to withdraw his or her name from the petition, to file a written request
with the appropriate county elections official that includes the voter's name, residence address,
and signature, as specified.
The Senate amendments:
1) Clarify that the residence address required on the oath of voter that a military or overseas
voter is required to include when returning his or her ballot by facsimile transmission is the
last United States (U.S.) residence for voting qualification purposes.
2) Allow a district conducting an all-mail ballot election to consolidate its election with the
election of one or more legislative or congressional districts, public districts, cities, counties,
or other political subdivisions, if all of the elections to be consolidated are:
a) Held on the same day;
b) Held in the same territory, or in a territory that is in part the same; and,
c) Conducted wholly by mail.
3) Clarify that a district election that is consolidated with an all-mailed ballot election for a
legislative or congressional district must comply with any additional statutory requirements
that apply to the all-mailed ballot election for that legislative or congressional district.
4) Permit any special district general election conducted to elect members of the governing
board held in odd-numbered years to be moved to even-numbered years and consolidated
with the date of a statewide general election.
5) Make other technical and conforming changes.
EXISTING LAW:
1) Authorizes a voter who has signed an initiative, referendum, or recall petition to remove his
or her name from the petition by filing a written request with the appropriate county elections
official prior to the day the petition is filed.
2) Allows a military or overseas voter who is temporarily living outside of the U.S. to return his
or her ballot by facsimile transmission. Requires the ballot returned by facsimile
transmission to be received by the voter's elections official no later than the closing of the
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polls on Election Day and be accompanied with an identification envelope containing various
information, including an oath of voter declaration.
3) Authorizes a special district, by resolution of its governing board, to conduct any election as
an all-mailed ballot election, as specified.
4) Provides that whenever two or more elections, including bond elections, or any legislative or
congressional district, public district, city, county or other political subdivision are called to
be held on the same day, in the same territory, or in territory that is in part the same, may be
consolidated upon the order of the governing body or bodies calling the elections.
5) Requires general elections held to elect members of the governing board of a special district
to be held on the first Tuesday after the first Monday in November of each odd-numbered
year, unless the principal act of the district provides for the general district election to be held
on a different established election date, or on an established mailed ballot election date, as
specified.
6) Permits a special district election for electing the governing board of the special district held
in November of odd-numbered years to be moved to even-numbered years and consolidated
with the statewide general election, as specified.
AS PASSED BY THE ASSEMBLY, this bill was similar to the version approved by the
Senate, except that it adds more clarifying and technical changes to other provisions of the
Elections Code.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "This is one of the Assembly Elections & Redistricting
Committee's omnibus bills, containing various minor and technical changes to provisions of the
Elections Code. All of the provisions of this bill are either changes requested by the California
Association of Clerks and Election Officials or the California Special Districts Association."
The Senate amendments were adopted to make clarifying and technical changes to other
provisions of the Elections Code. The first amendment clarifies that the residence address
required on the oath of voter that a military or overseas voter is required to include when
returning his or her ballot by facsimile transmission is the last U.S. residence for voting
qualification purposes. Current state law allows a military or overseas voter to return his or her
ballot by facsimile transmission, however, for the ballot to be counted, existing law requires the
ballot to be received by the voter's elections official no later than the closing of the polls on
election day and be accompanied with an identification envelope containing various information,
including an oath of voter declaration. The oath of voter requires the voter to waive his or her
right to have his or her ballot kept secret and requires the voter to affix his or her signature,
residence address, current mailing address, email, and date, among other information. According
to the county elections officials, however, there is confusion as to what residence address must
be provided when completing the oath of voter and some military or overseas voters provide the
residence address where they are stationed, instead of providing the address of his or her last
residence in the U.S. that is used for voting purposes. This amendment will reduce the
opportunity for error in completing the oath of voter for military and overseas voters.
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The second amendment permits a district conducting an all-mail ballot election to consolidate its
election with the election of one or more legislative or congressional districts, public districts,
cities, counties, or other political subdivisions if all of the elections to be consolidated are: 1)
held on the same day; 2) held in the same territory, or in a territory that is in part the same; and
3) conducted wholly by mail. In addition, this bill clarifies that a district election that is
consolidated with an all-mailed ballot election for a legislative or congressional district must
comply with any additional statutory requirements that apply to the all-mailed ballot election for
that legislative or congressional district. This amendment is necessary as it is unclear under
existing law whether a district conducting an all-mail ballot election may consolidate its election
with another political subdivision that is also conducting its election by mail in the same or part
of the same territory. As a result, some jurisdictions that overlap are not consolidating their
elections and are instead conducting standalone elections. This amendment will reduce election
costs and bring clarity to current law.
The third amendment permits any special district general election conducted to elect members of
the governing board held in an odd-numbered year to be moved to even-numbered years and
consolidated with the date of a statewide general election, instead of only permitting a special
district that conducts its governing board election in November of odd-numbered years to be
moved to even-numbered years and consolidated with the statewide general election. This will
reduce election costs and provide flexibility to those special districts that conduct their elections
during other times of the year.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
FN: 0001235