Section § 4100

Explanation

This law states that mail ballot elections must follow the rules outlined in Chapter 1 of Division 3, unless there are other specific guidelines in this chapter that apply.

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.

Section § 4101

Explanation

This law requires that election officials start mailing out voter information guides and mail ballots no sooner than 29 days before an election. They must finish this mailing process by 10 days before the election.

Notwithstanding Sections 13300 and 13303, the elections official shall not commence to mail the combined county voter information guide and mail ballot before the 29th day before the election and shall complete the mailing by the 10th day before the election.

Section § 4102

Explanation

This law says that election officials can send voters a notice letting them know that they have the option to return their completed ballots using certified or registered mail.

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.

Section § 4103

Explanation

This law outlines the rules for returning mail-in ballots in California. Ballots must be returned to the elections office by 8 p.m. on election day. However, there is an exception: ballots sent via USPS or a private delivery service can be received up to three days after election day if postmarked by election day. If the postmark is missing or unreadable, the ballots must be date-stamped by the elections office upon receipt and must have been signed and dated by election day. A 'bona fide private mail delivery company' is defined as a courier service regularly delivering mail or packages.

(a)CA Elections Code § 4103(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)CA Elections Code § 4103(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)CA Elections Code § 4103(b)(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)CA Elections Code § 4103(b)(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.
(c)CA Elections Code § 4103(c) For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.

Section § 4104

Explanation

This section outlines a process for asking voters if they want all future general district elections to be conducted entirely by mail. During the first such election conducted by mail, voters will see a question on the ballot asking if they support continuing with mailed ballots for all future elections. Voters will answer 'Yes' or 'No'.

If more than half of the voters choose 'Yes', then all future elections will be mail-based. If the majority vote 'No', the question can be asked again at later elections as described in another section.

(a)CA Elections Code § 4104(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”:
(b)CA Elections Code § 4104(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.

Section § 4105

Explanation

This law explains how a district can decide if future general elections will solely use mail-in ballots. This can be triggered either by a resolution from the governing board or by a petition signed by at least 10% of the district's voters. It's only relevant to districts that have previously held all-mail ballot elections based on a board's decision.

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.

Section § 4106

Explanation

This law allows the governing board in San Diego County to decide that their local elections align with either the statewide primary or general elections.

If these elections coincide with another election, specific rules for combining these elections will apply. Additionally, if an official's term would normally end in December of an odd year, that term may be extended until shortly after the new district election, or the official may step down once their successor is ready, based on the board's preference.

(a)CA Elections Code § 4106(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)CA Elections Code § 4106(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)CA Elections Code § 4106(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.

Section § 4107

Explanation

This law allows the governing board of the Marina County Water District in Monterey County, California, to decide that its general district elections can be held on the same day as statewide elections. If they do this, and the election is combined with another election, specific rules about how to manage that combination will apply.

Also, if the general district election coincides with a statewide election, officials whose terms would usually end in December of an odd-numbered year can either continue their roles a bit longer or end their terms earlier, once new officials are ready to take over.

(a)CA Elections Code § 4107(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)CA Elections Code § 4107(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)CA Elections Code § 4107(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.

Section § 4108

Explanation

This law allows districts in California to hold elections using only mailed ballots, regardless of the number of voters. The district's governing board must pass a resolution to do so. These elections can be combined with elections for other legislative or political areas as long as all the elections happen on the same day, cover the same or overlapping areas, and are conducted entirely by mail. If consolidating, the district must follow specific consolidation rules and meet any extra requirements for mail ballot elections. These elections can occur on specific dates as set by law or on alternative dates not established as regular election days.

(a)CA Elections Code § 4108(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)Copy CA Elections Code § 4108(b)
(1)Copy CA Elections Code § 4108(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)CA Elections Code § 4108(b)(1)(A) Held on the same day.
(B)CA Elections Code § 4108(b)(1)(B) Held in the same territory or in a territory that is in part the same.
(C)CA Elections Code § 4108(b)(1)(C) Conducted wholly by mail.
(2)CA Elections Code § 4108(b)(2) A district consolidating its election pursuant to subdivision (a) shall order the consolidation pursuant to Section 10400.
(3)CA Elections Code § 4108(b)(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)CA Elections Code § 4108(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.