SB851 - Elections.

Senate Bill No. 851 CHAPTER 238 An act to amend Sections 15371, 15372, 15375, 15400, 18545, 18568, 19006, 19101, 19212, 19215, 19284, and 19290 of, and to add Section 21 to, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 851, Cervantes. Elections. (1) Existing state and federal law provides for the enforcement of laws related to elections and provides procedures to challenge the conduct of elections and election results. This bill would require a state or local agency or political subdivision that files or is served with a court action relating to elections that contains a claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 days. The bill would require a state or local agency or political subdivision, at least 14 days before entering into a settlement, consent decree, or other court-approved agreement with respect to such a claim arising under federal law, to provide notice of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General. The bill would exempt records or information exchanged pursuant to this provision from the California Public Records Act. (2) Existing law requires an elections official, upon completion of the count, to add the results of write-in votes and any paper ballots used as certified by the precinct board, and thereupon declare the vote. Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election, as specified. Existing law requires the elections official to send to the Secretary of State within 31 days of the election in an electronic format a complete copy of specified election results, including the vote given for persons for electors of President and Vice President of the United States, all candidates voted for statewide office, and all statewide measures. This bill would specify that the duties described above imposed on elections officials are ministerial and nondiscretionary. Existing law, if the Secretary of State determines that state election laws are not being enforced, requires the Secretary of State to call the violation of those laws to the attention of the district attorney of the county or to the Attorney General. This bill, if an elections official fails to prepare a certified statement of the results of the election, would require the Secretary of State to call the violation to the attention of the district attorney of the county or to the Attorney General and authorize the Secretary of State to assist the county elections official in discharging their duties, consistent with those provisions. (3) Existing law requires a governing body to declare elected or nominated the person having the highest number of votes for each office voted on at an election under its jurisdiction and to declare the results of each measure voted on at an election under its jurisdiction. This bill would specify that these duties are ministerial and nondiscretionary. (4) Existing law establishes a crime punishable by a fine, imprisonment, or both, for a person who hires or arranges for a person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official. This bill would apply the above penalties with respect to a uniformed law enforcement officer, including an officer or agent of a federal law enforcement agency, rather than to a uniformed peace officer. The bill would expand the scope of the crime to include the presence of any of the above persons in the immediate vicinity of or at a county elections office. (5) Existing law makes it a crime to display a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Existing law also makes it a crime to direct or solicit a voter to place a ballot in such a container. Existing law makes these crimes punishable by a fine not to exceed $1,000, by imprisonment for 16 months or two or three years, or by both fine and imprisonment. This bill would also make it a crime to display an envelope for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box. The bill would make it a crime to direct or solicit a voter to place a ballot in such an envelope. (6) Existing law provides requirements for the certification of voting systems. Existing law requires the Secretary of State to adopt and publish voting system standards that meet or exceed federal voluntary voting system guidelines prescribed by the United States Election Assistance Commission, as specified. This bill would repeal the above requirement and instead require the Secretary of State to adopt and publish voting standards that meet the minimum requirements of the federal Help America Vote Act of 2002 and that incorporate best practices in election technology. (7) Existing law requires a vendor, jurisdiction, and applicant for certification or approval of a remote accessible vote by mail system to notify the Secretary of State and local elections officials, as applicable, if they learn of a defect, fault, or failure in the system or part of the system. Existing law requires the Secretary of State, after receiving notice, to further notify and submit a report to the United States Election Assistance Commission. This bill would repeal the above requirements that the Secretary of State notify and submit a report to the United States Election Assistance Commission. (8) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (9) By broadening the scope of existing crimes, and by establishing new procedures for the conduct of elections, including with respect to enforcement of local election laws, disclosure of voter registration information, and ballots, this bill would establish a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (10) This bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 21 is added to the Elections Code, to read: 21. (a) Within three court days after a state or local agency or political subdivision files or is served with a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide written notice to the Secretary of State and the Attorney General. Notice shall include the case number, case name, and venue. (b) At least 14 court days before a state or local agency or political subdivision enters into a settlement, consent decree, or other court-approved agreement in a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide a draft copy of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General in order to provide them an opportunity to deliver guidance to the state or local agency or political subdivision to ensure that the settlement, consent decree, or other court-approved agreement is consistent with California law, including California regulations. Any records or information exchanged under this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) For purposes of this section, a claim arising under federal law includes, but is not limited to, a claim brought under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), the Civil Rights Act of 1960 (52 U.S.C. Sec. 20701 et seq.), and the Fourteenth and Fifteenth Amendments to the United States Constitution. (d) This section shall not be construed to require the Secretary of State or the Attorney General to become a party to any action of which they receive written notice. (e) The Legislature finds and declares that this section addresses a matter of statewide concern, and therefore this section applies to all cities and counties, including charter cities, charter counties, and charter cities and counties. SEC. 2. Section 15371 of the Elections Code is amended to read: 15371. (a) Upon completion of the count, the elections official shall add to the results as so determined, the results of the write-in votes and any paper ballots used as certified by the precinct board, and thereupon shall declare the vote, and forthwith post one copy at the counting place for public inspection. (b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary. SEC. 3. Section 15372 of the Elections Code is amended to read: 15372. (a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. (b) The elections official shall post the certified statement of the results of the election on the elections official’s internet website in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s internet website for at least 10 years following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system. (c) The duties imposed on elections officials pursuant to subdivisions (a) and (b) are ministerial and nondiscretionary. (d) If the elections official fails to prepare a certified statement of the results of the election as specified in subdivision (a), the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General and may assist the county elections official in discharging the officer’s duties, consistent with subdivision (b) of Section 12172.5 of the Government Code. SEC. 4. Section 15375 of the Elections Code is amended to read: 15375. (a) The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to each of the following: (1) All candidates voted for statewide office. (2) All candidates voted for the following offices: (A) Member of the State Assembly. (B) Member of the State Senate. (C) Member of the United States House of Representatives. (D) Member of the State Board of Equalization. (E) Justice of the Court of Appeal. (F) Judge of the superior court. (3) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election. (4) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed “Presidential Election Returns” and shall be canvassed and sent within 28 days after the election. (5) All statewide measures. (6) The total number of ballots cast. (b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary. SEC. 5. Section 15400 of the Elections Code is amended to read: 15400. (a) It is the ministerial and nondiscretionary duty of the governing body to declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452. (b) It is the ministerial and nondiscretionary duty of the governing board to declare the results of each election under its jurisdiction as to each measure voted on at the election. SEC. 6. Section 18545 of the Elections Code is amended to read: 18545. (a) Any person who hires or arranges for any other person in possession of a firearm or any uniformed law enforcement officer, private guard, or security personnel or any person who is wearing a uniform of a law enforcement officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office without written authorization of the appropriate elections official or written authorization by a federal court order is punishable imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code and by a fine not to exceed ten thousand dollars ($10,000). (b) This section does not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day [Text truncated for display. Full text available on Congress.gov.]