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<ns0:Id>20250SB__143099INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-03-05</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1430</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Elections and Constitutional Amendments (Senators Wiener (Chair), Allen, Cervantes, Choi, and Umberg)</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Elections and Constitutional Amendments</ns0:Name>
<ns0:Members>Senators Wiener (Chair), Allen, Cervantes, Choi, and Umberg</ns0:Members>
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</ns0:Authors>
<ns0:Title> An act to amend Section 5322 of the Education Code, and to amend Sections 12283 and 12302 of the Elections Code, relating to elections. </ns0:Title>
<ns0:RelatingClause>elections</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Elections.</ns0:Subject>
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<ns0:DigestText>
<html:p>When an election for governing board members of a school district or community college district is ordered, existing law requires the governing board of the district, or the board or officer authorized by law to make such designations, to adopt a resolution specifying the date and the purpose of the election and requires that resolution to be delivered, not fewer than 123 days before the election, to the county superintendent of schools and the officer conducting the election, as provided.</html:p>
<html:p>This bill would require that resolution to instead be delivered not fewer than 125 days before the election.</html:p>
<html:p>Existing law authorizes the governing body with jurisdiction over school buildings or other public buildings to allow its buildings to be used for polling places, for vote centers beginning up to 10 days before
the election, or to store voting machines and other vote-tabulating devices. On the day that a school building is used as a polling place or vote center, the governing body may continue school in session, designate the day for staff training and development, or close the school.</html:p>
<html:p>This bill would require the governing body to continue school in session on any schoolday when a school building is used for a vote center, except on election day when the governing body may continue school in session, designate the day for staff training and development, or close the school.</html:p>
<html:p>Existing law requires a county elections official to divide each jurisdiction within the county into precincts and to appoint a precinct board for each precinct at least 29 days before an election within the jurisdiction. A member of a precinct board must be a voter of the state. Existing law allows an elections official to appoint up to 5 pupils per precinct
to serve under the direct supervision of precinct board members. A pupil may be appointed despite their lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil meets other requirements, including that the pupil is in good standing at a public or private secondary educational institution.</html:p>
<html:p>This bill would instead allow a pupil to be appointed subject to confirmation by the educational institution. The bill would also allow a pupil who is schooled at home to be appointed.</html:p>
<html:p> The bill would make related clarifying and conforming changes.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_17B502AA-1920-4747-821A-AEF53182C964">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 5322 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>5322.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Whenever an election is ordered, the governing board of the district, or the board or officer authorized by this code to make such designations, shall, concurrently with or after the order of election but not
fewer than 125 days before the date of the election for governing board members, or at least 88 days before the date of the election on a measure, including a bond measure, by resolution delivered to the county superintendent of schools and the officer conducting the election, or,
for an election on a measure, only to the officer conducting the election, specify both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date of the election.
</html:p>
<html:p>
(2)
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The purpose of the election.
</html:p>
<html:p>
(b)
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The resolution or resolutions described in subdivision (a) shall be known as “specifications of the election order” and shall set forth the authority for ordering the election, the authority for the specification of the election order, the signature of the officer or the clerk of the board by law authorized to make the
designations, and, for an election on a measure, the exact wording of the measure as it is to appear on the ballot. The statement of the measure to appear on the ballot shall not exceed 75 words.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 12283 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>12283.</ns0:Num>
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<html:p>
(a)
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For purposes of this section, “public building” means a building owned or controlled by any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A local governmental agency, including a city or county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The University of California.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The California State University.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A community college district.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The governing body having jurisdiction over school buildings or other public buildings may authorize the use of its buildings for
any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Polling places beginning on, and continuing through, election day.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Vote centers, as described in Section 4005, beginning up to 10 days before the election and continuing through election
day.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The storage of voting machines and other vote-tabulating devices free of charge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a city or county elections official specifically requests the use of a school building or public building for
a polling place beginning on, and continuing through, election day, or a vote center beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for drop-off, set-up, and pick-up of election materials, as determined by the elections official, the governing body having jurisdiction over the particular school building or public building shall allow its use for the purpose requested, except that the University of California is encouraged, but not required, to comply with a request made pursuant to this paragraph.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When allowing use of a school building for
a polling place, the governing body may, but is not required to, do any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Continue school in session, if the governing body identifies to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as a polling place.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Designate the day for staff training and development.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Close the school to students and certificated employees.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On election day, a governing body that allows a school building to be used for a vote center may continue school in session, designate the day for staff training and development, or close the school.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An elections official requesting the use of a school building pursuant to subdivision (b) shall include in the official’s request a list of the schools from which the use of a building for a polling place or vote center is needed. Requests must be made within sufficient time in advance of the school year
so that the governing body of the school may have adequate time to plan for the use of a school building for a polling place or vote center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An elections official requesting the use of a public building pursuant to subdivision (b) shall include in the official’s request a list of the buildings from which the use of a building for a polling place or vote center is needed. Requests shall be made sufficiently before election day for the governing body of the city, county, or other local governmental agency to adequately plan for the public building’s use as a polling place or vote center.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Once
a governing body has approved the use of a school building or public building as a polling place or vote center, the governing body shall instruct the school district or other public administrator to provide the elections official a site with an adequate amount of space for voting operations and storage of associated supplies that will allow the precinct board to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and to make internet access available for use by local elections officials, if requested.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At a vote center, beginning 10 days before the election and continuing through election
day, if requested by the elections official, the district administrator shall make building parking available at no charge to the precinct
board and voters. If requested by the elections official, the district administrator shall also make accessible parking spaces and parking for assisting voters curbside available.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A public building, including, but not limited to, a building operated by a school district, that is used as a polling place or vote center shall comply with applicable accessibility requirements described in this article, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 12302 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_18116A5D-0090-4196-ABB6-D9049AB02F14">
<ns0:Num>12302.</ns0:Num>
<ns0:LawSectionVersion id="id_544F442D-0AC7-440B-ACC9-51E07323F8BA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivisions (b) and (c), a member of a precinct board shall be a voter of the state. The member may serve only in the precinct for which their appointment is received.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
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In order to provide for a greater awareness of the elections process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint not more than five pupils per precinct to serve under the direct supervision
of precinct board members designated by the elections official. A pupil may be appointed, notwithstanding their lack of eligibility to vote, subject to confirmation by the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is at least 16 years of age at the time of the election for which
they are serving as a member of a precinct board.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Is a United States citizen, will be a citizen at the time of the election for which they are serving as a member of a precinct board, or is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
</html:p>
<html:p>
(C)
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Is a pupil in good standing attending a public or private secondary educational institution or
schooled at home.
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<html:p>
(D)
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Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
</html:p>
<html:p>
(2)
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A pupil appointed pursuant to this subdivision may not be used by a precinct board to tally votes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In order to promote civic engagement among residents of the state and to provide additional members of precinct boards, an elections official may appoint not more than five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, notwithstanding their lack of eligibility to vote, if the nonvoter possesses the following qualifications:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Is otherwise eligible to register to vote pursuant to Section 2101 except for their lack of United States citizenship.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A nonvoter appointed to a precinct board pursuant to this subdivision shall not be permitted to do either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Serve as, or perform any of the duties of, the inspector of a precinct board.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Tally votes for the precinct board.
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