AB 2105
Elections: vote by mail ballots.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Elections
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Sign in to take action- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires the Secretary of State to identify areas where vote by mail ballots mailed on election day may not receive a postmark until the following day due to postal processing. The Secretary of State will publish a list of these areas and provide it to local elections officials, who must include a notice in vote by mail ballots sent to voters in those areas, warning them that mailing on election day may delay counting. The bill also establishes a process for state reimbursement to local agencies for any costs associated with implementing these requirements.
Key provisions
- The Secretary of State will identify geographic areas with potential mail processing delays.
- The Secretary of State will publish a list of these areas on its website and provide it to local elections officials.
- Local elections officials must include a ‘Mail Early’ notice in vote by mail ballots for affected voters.
- The notice warns voters about potential delays and suggests alternative voting methods.
- The Secretary of State can provide a standard notice template for local elections officials to use.
- The bill mandates state reimbursement for local agencies’ costs related to the new requirements.
- The Secretary of State will consult with the United States Postal Service when identifying affected areas.
- Identification of affected areas will use distance to processing facilities and USPS collection/processing information.
Who is affected
- Voters in designated geographic areas
Arguments in favor
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AB2105:v99#DOCUMENT
Bill Start
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2105
| Introduced by Assembly Member Macedo |
| February 18, 2026 |
An act to add Section 3019.8 to the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2105, as introduced, Macedo. Elections: vote by mail ballots.
Existing law provides that ballots cast in all-mailed ballot elections are considered timely cast if they are received by the voter’s elections official no later than 7 days after election day if specified conditions are satisfied, including that the ballot is postmarked on or before election day.
This bill would require the Secretary of State to identify geographic areas where a vote by mail ballot deposited with the United States Postal Service on election day may not receive a postmark until the following day because of mail collection and processing practices in that region, as specified. The bill would require that the Secretary publish the list of identified geographic areas on its internet website and provide it to local elections officials, as specified. The bill would require a local elections official to include a notice in a vote by mail ballot mailed to a voter whose residence is in an identified area. By imposing new duties on local elections officials, the bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3019.8 is added to the Elections Code, to read:
3019.8.
(a) The Secretary of State shall identify geographic areas where a vote by mail ballot deposited with the United States Postal Service on election day may not receive a postmark until the following day because of mail collection and processing practices in that region.
(1) The Secretary of State shall, to the extent possible, consult with the United States Postal Service in identifying relevant geographic areas.
(2) The Secretary of State shall identify geographic areas using objective criteria, including both of the following:
(A) The distance from a United States Postal Service office where a ballot may be deposited to the United States Postal Service processing facility where it will receive a postmark.
(B) United States Postal Service collection and processing information that indicates next-day collection and postmarking risk.
(b) Once geographic areas are identified pursuant to subdivision (a), the Secretary of State shall do both of the following:
(1) Publish the list of geographic areas on its internet website.
(2) Provide the list of geographic areas to county elections officials no later than 120 days before election day and as soon as practicable before special elections.
(c) A county elections official shall, for any election in which a county elections official issues vote by mail ballots, include a prominent “Mail Early” notice card or insert in the vote by mail ballot mailed to any voter whose residence address is in an area included in a list published pursuant to subdivision (b).
(1) The notice shall contain all of the following:
(A) A warning that mailing the ballot on election day may result in a next-day postmark and the ballot not being counted.
(B) Recommended actions, including returning the ballot several days early, using a secure drop box or vote center, or, if mailing on election day, requesting a postmark at a post office counter.
(C) Instructions for accessing relevant information by the Secretary of State and county elections office, which may be provided via a quick response code linked to an internet website.
(d) The Secretary of State may develop a standard template for the notice required by subdivision (c), which may be customized by elections officials with specific information including vote center and ballot drop box locations.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.