On June 3rd, Governor Gavin Newsom issued a proclamation declaring a statewide General Election on Tuesday, November 3, 2020, and signed an executive order (EXECUTIVE ORDER N-67-20) to allow in-person voting opportunities in sufficient numbers to maintain physical distancing. It seeks to clarify a prior executive order from May 8th (EXECUTIVE ORDER N-64-20 ) that required all voters in November receive a mail-in ballot. This too came after all special elections earlier in April were ordered to be held as mail only elections.
The order from June 3rd was challenged in court and has been temporarily held as unconstitutional. The Executive order, among other things, would have
- Allowed for certain counties to only have one polling place per 10,000 registered voters, provided they are made available for voting during from Saturday, October 31, 2020, through Monday, November 2, 2020, for at least eight hours each day; and on Tuesday, November 3, 2020, from 7 a.m. until 8 p.m.
- Required a certain number of vote-by-mail ballot drop-off locations be made available for ballot drop-off beginning no later than 9 a.m. on Tuesday, October 6, 2020, and continuing during regular business hours each day through the close of voting on Tuesday, November 3, 2020:
- Required at least one vote-by-mail ballot drop-off location per 15,000 registered voters; and no less than two vote-by-mail ballot drop-off locations regardless of the number of registered voters; and c) at least one vote-by-mail ballot drop-off location is fully accessible to the public for at least twelve hours each day between Tuesday, October 6, 2020 and Tuesday, November 3, 2020, inclusive.
- As provided by Executive Order N-64-20, all Californians who are registered (and otherwise eligible) to vote in the November 3, 2020 General Election shall receive vote-by-mail ballots. However, this provision is not intended, and shall not be construed, to mean that voters in an inactive voter registration status shall receive vote-by-mail ballots.
Meanwhile, there are related bills in the Legislature addressing this year’s election. AB 860 (Berman) essentially codifies the Governor’s prior Executive Order requiring county elections officials to mail a ballot to every registered voter for the November election. Additionally, SB 423 (Umberg) would authorize counties that are not under the Voter’s Choice Act to not have vote centers open before the 3rd day prior to the November election.
Some estimates of the cost of running both a broad vote-by-mail election concurrently with a more traditional election and proper social distancing under these unique circumstances are over $100 million. The State Budget includes a significant contribution to those costs.
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