2005 California Elections Code Sections 4000-4004 CHAPTER 1. CONDITIONS FOR MAIL BALLOT ELECTION

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) A maximum property tax rate election as provided for in
Section 2287 of the Revenue and Taxation Code.
   (3) 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.
   (4) An election on the issuance of a general obligation water bond
in accordance with Section 12944.5 of the Water Code.
   (5) 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.
   (6) An election of the Aliso Water Management Agency, or its
affected member agencies, pursuant to Sections 13416 and 13417 of the
Water Code.
   (7) An election of the San Jacinto Mountain Area Water Study
Agency pursuant to Sections 13416 and 13417 of the Water Code.
   (8) An election of the San Lorenzo Valley Water District pursuant
to Sections 13416 and 13417 of the Water Code.
   (9) An election or assessment ballot proceeding required or
authorized by Article XIIIC or XIIID 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."
4001.  (a) Notwithstanding Sections 1502 and 4000, any election in
Monterey County may be conducted as an all-mailed ballot election,
subject to all of the following conditions:
   (1) The governing body of the city, county, or district, by
resolution, authorizes the all-mailed ballot election and notifies
the Secretary of State of its intent to conduct an all-mailed ballot
election at least 88 days prior to the date of the election.
   (2) The election does not occur on the same date as a statewide
primary or general election.
   (3) The election is not a special election to fill a vacancy in a
state office, the State Legislature, or Congress.
   (4) At least one polling place is provided in each city within the
jurisdiction.
   (5) The return of voted mail ballots is subject to Section 3017.
   (b) If the county conducts an all-mailed ballot election, on or
before December 31, 2005, the county shall report to the Legislature
and to the Secretary of State regarding the success of the election,
including, but not limited to, any statistics on the increase of
voter fraud.
  (c) This section shall remain in effect only until December 31,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2005, deletes or extends
that date.
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.