CALIFORNIA STATUTES AND CODES
SECTIONS 4000-4004
ELECTIONS CODE
SECTION 4000-4004
4000. A local, special, or consolidated election may be conducted
wholly by mail provided that all of the following conditions apply:
(a) The governing body of the local agency authorizes the use of
mailed ballots for the election.
(b) The election is held on an established mailed ballot election
date pursuant to Section 1500.
(c) The election is one of the following:
(1) An election in which no more than 1,000 registered voters are
eligible to participate.
(2) An election on a measure or measures restricted to (A) the
imposition of special taxes, or (B) expenditure limitation overrides,
or (C) both (A) and (B), in a city, county, or special district with
5,000 or less registered voters calculated as of the time of the
last report of registration by the county elections official to the
Secretary of State.
(3) An election on the issuance of a general obligation water bond
in accordance with Section 12944.5 of the Water Code.
(4) An election of the Directors of the Monterey Peninsula Water
Management District as authorized in Section 122 of Chapter 527 of
the Statutes of 1977, known as the Monterey Peninsula Water
Management District Law.
(5) An election of the Aliso Water Management Agency, or its
affected member agencies, pursuant to Sections 13416 and 13417 of the
Water Code.
(6) An election of the San Jacinto Mountain Area Water Study
Agency pursuant to Sections 13416 and 13417 of the Water Code.
(7) An election of the San Lorenzo Valley Water District pursuant
to Sections 13416 and 13417 of the Water Code.
(8) An election or assessment ballot proceeding required or
authorized by Article XIII C or XIII D of the California
Constitution. However, when an assessment ballot proceeding is
conducted by mail pursuant to this section, the following rules
apply:
(A) The proceeding shall be denominated an "assessment ballot
proceeding" rather than an election.
(B) Ballots shall be denominated "assessment ballots."
4002. Notwithstanding Section 4000, a special district may conduct
its elections by mail in accordance with Sections 1500, 4104, 4105,
and 4108.
4003. Notwithstanding any other provision of law, whenever any
district has adopted the all-mailed ballot procedure for conducting
general district elections pursuant to Section 4104 and any other
election is scheduled to be held in territory that is the same or
partly the territory of the district on the first Tuesday after the
first Monday in November of the odd-numbered year, the district may,
by resolution of the governing board, revoke the adoption of the
all-mailed ballot procedure and order the general district election
consolidated with the other election pursuant to Section 10402.
4004. (a) "Small city" means a city with a population of 100,000 or
less, as determined by the annual city total population rankings by
the Demographic Research Unit of the Department of Finance.
(b) "Eligible entity" means a school district or a special
district.
(c) Notwithstanding Sections 1500 and 4000, an election in a small
city or an eligible entity may be conducted wholly as an all-mail
ballot election, subject to the following conditions:
(1) The legislative body of the small city or the governing body
of the eligible entity, by resolution, authorizes the use of mailed
ballots for the election.
(2) The election is a special election to fill a vacancy in the
legislative body or governing body.
(3) The election is not held on the same date as a statewide
primary or general election.
(4) The election is not consolidated with any other election.
(5) The return of voted mail ballots is subject to Section 3017.
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