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Litigation We’re Watching

Americans for Prosperity v. Becerra, Sup. Ct. Docket No. 19-251 and Thomas More Law Center v. Becerra, Sup. Ct. Docket No. 19-255, cases consolidated (see Docket No. 19-251 for updates). US Supreme Court ruled that California’s law requiring disclosure of donors to nonprofit organizations violates the First Amendment.

News from Election and Ethics Agencies

California Secretary of State – The Lieutenant Governor has issued a proclamation calling for the California Gubernatorial Recall Election on September 14, 2021. For more information, visit the Secretary of State’s website.

New Legislation

AB 152 – Signed into law June 28, 2021 – This bill mirrors the language of AB 152, which was amended to authorize a county that has previously conducted an all-mail ballot election to conduct an all-mail ballot election prior to January 1, 2022, if it provides, on the day of the election and the 3 days preceding the election, at least one vote center for every 30,000 registered voters and, beginning 10 days before the election and continuing up to the 4th day before the election, at least one vote center for every 60,000 registered voters. The bill authorizes a county that has not previously conducted an all-mail ballot election to conduct an all-mail ballot election using alternative procedures substantially similar to those in effect for the November 3, 2020, statewide general election. Requires counties to conduct a voter education and outreach campaign. Requires SOS to establish a process for granting counties partial waivers from requirements relating to the number, location, or operational duration of consolidated polling places or ballot drop-off locations and from requirements relating to the maximum number of voters in a precinct. Authorizes counties to start to process vote by mail ballots on the 29th day before an election. Deems a vote by mail ballot timely cast if it is postmarked or date stamped on or before election day and is received by the voter’s elections official no later than 7 days after election day. Authorizes a local government entity that previously called a special local election to consolidate that election with a gubernatorial recall election if certain conditions are met. All of these new provisions would be repealed on January 1, 2022.