Plain English Breakdown
The bill specifies the Secretary of State must certify results 'as soon as practicable,' but does not define a specific deadline for this action.
AB-331: Election Duties and Voter Guides
This law clarifies that election officials must follow specific steps to count votes without personal choice, requires voter guides in formats accepted by county jails, adds envelopes to the list of banned fake ballot containers, and sets rules for when the Secretary of State takes over if deadlines are missed.
What This Bill Does
- States that counting votes and declaring results are required tasks with no room for personal choice (ministerial duties) by election officials or governing bodies.
- Requires elections officials who miss deadlines to send all records to the Secretary of State, who will then finish certifying the results at the county's expense.
- Mandates that voter information guides be prepared in formats accepted by county jail facilities for primary and general elections.
- Makes it a crime to display an envelope with the intent to trick voters into putting ballots in unofficial containers.
- Authorizes the Secretary of State to assist local officials if they fail to certify election results on time.
Who It Names or Affects
- County elections officials and governing bodies
- The California Secretary of State
- People held in county jail facilities who vote
- District attorneys or the Attorney General regarding potential violations
Terms To Know
- Ministerial duty
- A task that an official must do exactly as the law says, without using their own judgment to change it.
- Certified statement of results
- An official document that lists the final vote counts and declares who won or which measures passed.
- State-mandated local program
- A new rule from the state government that requires local agencies to spend money or do extra work, potentially requiring reimbursement.
Limits and Unknowns
- The bill does not specify exactly what format jail facilities will accept for voter guides.
- Reimbursement for costs depends on whether the Commission on State Mandates determines that state-mandated costs exist.
- The text notes certain mandates do not require reimbursement but does not list all specific reasons.