Amended  IN  Assembly  September 03, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 851

Introduced by Committee on Elections and Constitutional Amendments (Senators Cervantes (Chair), Allen, Choi, Limón, and Umberg)

February 27, 2025

An act to amend Sections 9168, 10403, 10410, 10411, 10412, 10413, 14105, 14213, and 14401 14401, and 16404 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 851, as amended, Committee on Elections and Constitutional Amendments. Elections.
(1) Existing law authorizes the consolidation of 2 or more elections that are to be held on the same day, in the same territory, or in territory that is in part the same. When an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office is to be consolidated with a statewide election, and the question, proposition, or office is to appear on the same ballot as that provided for the statewide election, existing law requires the political subdivision, at least 88 days before the election, to file with the county board of supervisors a resolution of the governing board of the political subdivision that, among other things, sets forth the exact form of the question, proposition, or office to be voted on. Existing law requires the political subdivision to also file a copy of the resolution with the county elections official.
This bill would authorize the political subdivision to file the resolution with only the elections official if, at least 88 days before the election, the elections official provides the resolution to the board of supervisors or the board of supervisors has authorized the elections official to receive resolutions and consolidate elections without seeking new approval by the board of supervisors for each election.
(2) Existing law allows the governing body of a city, district, or other political subdivision with an election that has been consolidated with an election held in the county or counties in which the political subdivision is situated to authorize the county board of supervisors to canvass the returns of the election. Existing law also allows the governing body of a city, district, or other political subdivision with an election that has been consolidated with an election held in another city, district, or political subdivision to authorize the governing body of that other political subdivision to canvass the election returns.
This bill would instead allow the governing body of the political subdivision to authorize the county elections official official, for an election consolidated with a county election, or the elections official of the other city, district, or political subdivision, for an election consolidated with an election held in another city, district, or political subdivision, to canvass the returns of the consolidated election. The bill would make related conforming changes.
(3) Existing law requires elections officials to provide each polling place with specified materials, including not fewer than 6 nor more than 12 instruction cards to guide voters in obtaining and marking their ballots.
This bill would eliminate the maximum limit of 12 instruction cards.
(4) Existing law prescribes various election day procedures, including the hours that the polls must be open and when voting will commence. Existing law requires the precinct board to proclaim aloud at the polling place that the polls are open and closed, as specified.
This bill would require that a precinct board member make those proclamations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9168 of the Elections Code is amended to read:

9168.
 (a) Notwithstanding any provision of law to the contrary, this article shall apply other law, this articles applies to any district bond election called by, by the board of supervisors, and the returns of which are canvassed by, the board of supervisors, by the county elections official, or to any district bond election conducted by a district. This article shall also apply also applies to any special election, if the board of supervisors so provides in its proclamation or notice thereof.
(b) At any election subject to this section:
(1) “County measure” shall be deemed to refer to any measure as defined in Section 329. Section 312 shall does not apply.
(2) Section 9160, and the reference to the analysis of the measure in Section 9162, shall does not apply unless the board of supervisors directs the officer to prepare the analysis.
(c) This article shall does not apply to any school district bond election.

SECTION 1.SEC. 2.

 Section 10403 of the Elections Code is amended to read:

10403.
 (a) Whenever an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for the statewide election, the district, city, or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and file a copy with the elections official, a resolution of its governing board that does all of the following:
(1) Requests that the district, city, or other political subdivision election be consolidated with the statewide election.
(2) Sets forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. The question or proposition to appear on the ballot shall conform to this code governing the wording of propositions submitted to the voters at a statewide election.
(3) Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418.
(b) The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.
(c) The names of the candidates to appear upon the ballot where district, city, or other political subdivision offices are to be filled shall be filed with the county elections official no later than 81 days prior to the election.
(d) Notwithstanding subdivision (a), in lieu of filing a resolution pursuant to subdivision (a) with the board of supervisors and filing a copy with the elections official, the district, city, or other political subdivision may file the resolution with only the elections official if, at least 88 days before the date of the election, either of the following requirements are met:
(1) The elections official provides the resolution to the board of supervisors.
(2) The board of supervisors has authorized the elections official to receive resolutions and consolidate elections without seeking new approval by the board of supervisors for each election.

SEC. 3.

 Section 10410 of the Elections Code is amended to read:

10410.
 Within the territory affected by the order of consolidation, the election precincts, polling places places, and voting booths shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. When the returns of elections consolidated pursuant to this part are required to be canvassed by different canvassing boards, elections officials, the elections shall be conducted separately in the same manner as if they had not been consolidated, except as provided in this part.

SEC. 2.SEC. 4.

 Section 10411 of the Elections Code is amended to read:

10411.
 (a) In case of the consolidation of any election called by the legislative body of a city, district, or other political subdivision with an election held in the county or counties in which the city, district, or other political subdivision is situated, the governing body of the city, district, or other political subdivision may authorize the county elections official to canvass the returns of the election. If this authority is given to the county elections official, all of the following apply:
(1) The election shall be held in all respects as if there were only one election.
(2) Only one form of ballot shall be used.
(3) The returns of the election need not be canvassed by the legislative body elections official of the authorizing city, district, or other political subdivision.
(b) If authority is given to the county elections official pursuant to subdivision (a), the canvass shall be made in accordance with Article 1 (commencing with Section 15300) of Chapter 4 of Division 15.

SEC. 5.

 Section 10412 of the Elections Code is amended to read:

10412.
 In the case of the consolidation of any election called by the governing body of a city, district district, or other political subdivision with an election held in another city, district district, or other political subdivision, the governing body of one city, district district, or political subdivision may authorize the governing body elections official of the other city, district district, or political subdivision to canvass the returns of the election. If this authority is given:
(a) The elections shall be held in all respects as if there were only one election.
(b) Only one form of ballot shall be used.
(c) The returns of the election need not be canvassed by the governing body elections official of the authorizing city, district, or other political subdivision.
If that authority is given, the canvass may be made by any body or official authorized by law to canvass the returns of the election of such other city, district district, or political subdivision.

SEC. 6.

 Section 10413 of the Elections Code is amended to read:

10413.
 When the returns of any elections consolidated pursuant to this part are required to be canvassed by the same body, elections official, the elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SEC. 3.SEC. 7.

 Section 14105 of the Elections Code is amended to read:

14105.
 The elections official shall furnish to each polling place all of the following:
(a) At least one accessible copy of the voter list.
(b) Necessary printed blanks for the roster, tally sheets, voter list, declarations, and returns.
(c) Not fewer than six instruction cards to each polling place for the guidance of voters in obtaining and marking their ballots. On each card shall be printed necessary instructions and the provisions of Sections 14225, 14279, 14280, 14287, 14291, 14295, 15271, 15272, 15273, 15276, 15277, 15278, 18370, 18380, 18403, 18563, and 18569.
(d) A digest of the election laws with any further instructions the county elections official may desire to make.
(e) An American flag of sufficient size to adequately assist the voter in identifying the polling place. The flag is to be erected at or near the polling place.
(f) A ballot container, properly marked on the outside indicating its contents. If it is necessary to supply additional ballot containers, these additional containers shall also be marked on the outside indicating their contents.
(g) At least one copy of the certified write-in list, if applicable.
(h) A sufficient number of cards to each polling place containing the telephone number of the office to which a voter may call to obtain information about the voter’s polling place. The card shall state that the voter may call collect during polling hours.
(i) An identifying badge or insignia for each member of the precinct board. The member shall print the member’s name on the badge or insignia, and shall wear the badge or insignia at all times in the performance of duties, so as to be readily identified as a member of the precinct board by all persons entering the polling place.
(j) Facsimile copies of the ballot containing ballot measures and ballot instructions printed in Spanish or other languages as provided in Section 14201.
(k) Sufficient copies of the notices to be posted on the voter list used at the polls. The notice shall read as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14297. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.”
(l) A roster for each polling place in the form prescribed in Section 14107.
(m) Printed copies of the Voter Bill of Rights, as supplied by the Secretary of State. The Voter Bill of Rights shall be conspicuously posted both inside and outside every polling place.
(n) For a partisan primary election, printed copies of the posters or other materials described in Section 14105.2. The posters or other materials shall be conspicuously posted both inside and outside every polling place.
(o) Handheld magnifying glasses, displayed and available at the table or desk used by the precinct board.
(p) A signature guide card, to assist persons while signing their names on the roster, displayed and available at the table or desk used by the precinct board.

SEC. 4.SEC. 8.

 Section 14213 of the Elections Code is amended to read:

14213.
 Before the precinct board receives any ballots, a precinct board member shall proclaim aloud at the place of election that the polls are open.

SEC. 5.SEC. 9.

 Section 14401 of the Elections Code is amended to read:

14401.
 When the polls are closed, a precinct board member shall proclaim that fact aloud at the place of election. After the proclamation no ballot shall be received. However, if at the hour of closing there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote.

SEC. 10.

 Section 16404 of the Elections Code is amended to read:

16404.
 The affidavit shall specify separately each precinct in which any irregularity or improper conduct took place, or in which a recount is demanded, and the nature of the mistake, error, misconduct, or other cause of contest, and the date of completion of the official canvass of the board of supervisors of the county elections official last making the declaration.