Chapter 2. Conduct Of Mail Ballot Elections of California Elections Code >> Division 4. >> Chapter 2.
Except as otherwise provided in this chapter, mail ballot
elections shall be conducted in accordance with Chapter 1 (commencing
with Section 3000) of Division 3.
Notwithstanding Sections 13300 and 13303, the elections
official shall not commence to mail the combined sample ballot and
mail ballot prior to the 29th day before the election and shall
complete the mailing by the 10th day before the election.
The elections official may include in the mailings set forth
in Section 4101 a printed notice to the voters informing the voters
that they may return the voted ballot by certified or registered
mail.
(a) Notwithstanding Section 3020, ballots cast under this
chapter shall be returned to the elections official from whom they
were obtained no later than 8 p.m. on election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter 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 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.
(2) If the ballot has no postmark, a postmark with no date, or an
illegible postmark, 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.
(a) At the first general district election conducted by
all-mailed ballot the following question shall be printed on the
ballot and boxes shall be provided for the voter to indicate "Yes" or
"No":
"SHALL THE MAILED BALLOT BE USED TO CONDUCT ALL FUTURE GENERAL
DISTRICT ELECTIONS?"
(b) If the majority of the voters favor the all-mailed ballot
election it shall be adopted as the procedure for conducting future
general district elections. If the question is rejected by the voters
it may be resubmitted at any subsequent general district election in
the manner provided for in Section 4105.
The question set forth in Section 4104, as to whether an
all-mailed ballot election is required to be used in the conduct of
all future general district elections, shall be printed on the ballot
of any general district election upon (a) the adoption of an
appropriate resolution by the governing board, or (b) upon the
submission of an initiative petition to the governing board signed by
voters not less in number than 10 percent of the voters in the
district pursuant to the procedure set forth in Chapter 4 (commencing
with Section 9300) of Division 9.
This section shall apply only to those districts in which an
election by all-mailed ballots was conducted pursuant to a resolution
adopted by the governing board of the district in the manner
provided for by Section 4108.
(a) Notwithstanding any other provision of law to the
contrary, a governing board in the County of San Diego may adopt a
resolution requiring its general district election to be held on the
same day as the statewide direct primary election or the day of the
statewide general election.
(b) If an election is held pursuant to subdivision (a), and the
election is consolidated with another election, Part 3 (commencing
with Section 10400) of Division 10 shall govern the consolidation
and, if the county elections official is requested to conduct the
election, Section 10002 shall apply to that election.
(c) If, pursuant to subdivision (a), a general district election
is held on the same day as a statewide election, those officers whose
four-year terms of office would have, prior to the adoption of the
resolution, expired on the first Friday in December following the
general district election in an odd-numbered year shall, instead,
either continue in their offices until no later than the fourth
Tuesday after the day of the general district election or, at the
option of the governing board, cease to hold office prior to the
expiration of their four-year term and upon the qualification of
their successors at the time prescribed by the governing board.
(a) Notwithstanding any other provision of law, the governing
board of the Marina County Water District in the County of Monterey
may adopt a resolution requiring its general district election to be
held on the same day as the statewide direct primary election or the
day of the statewide general election.
(b) If an election is held pursuant to subdivision (a), and the
election is consolidated with another election, Part 3 (commencing
with Section 10400) of Division 10 shall govern the consolidation,
and, if the county elections official is requested to conduct the
election, Section 10002 shall apply to that election.
(c) If, pursuant to subdivision (a), a general district election
is held on the same day as a statewide election, those officers whose
four-year terms of office would have, prior to the adoption of the
resolution, expired on the first Friday in December following the
general district election in an odd-numbered year shall, instead,
either continue in their offices until no later than the fourth
Tuesday after the day of the general district election or, at the
option of the governing board, cease to hold office prior to the
expiration of their four-year term and upon the qualification of
their successors at the time prescribed by the governing board.
(a) Notwithstanding any other law and regardless of the
number of eligible voters within its boundaries a district may, by
resolution of its governing board, conduct any election by all-mailed
ballots pursuant to Division 4 (commencing with Section 4000).
(b) (1) A district conducting an election by all-mailed ballots
may consolidate its election with the election of one or more other
legislative or congressional districts, public districts, cities,
counties, or other political subdivisions if all of the elections to
be consolidated will be:
(A) Held on the same day.
(B) Held in the same territory or in a territory that is in part
the same.
(C) Conducted wholly by mail.
(2) A district consolidating its election pursuant to subdivision
(a) shall order the consolidation pursuant to Section 10400.
(3) A district election that is consolidated with an all-mailed
ballot election for a legislative or congressional district shall
also comply with any additional statutory requirements that apply to
the all-mailed ballot election for that legislative or congressional
district.
(c) An election conducted pursuant to this section shall be held
on a date prescribed in Section 1500 or on any other date other than
an established election date.