California Statutes § 12283 Use of school buildings or other public buildings

Statute Text

(a) For purposes of this section, "public building" means a building owned or controlled by any of the following:

(1) A local governmental agency, including a city or county.

(2) The University of California.

(3) The California State University.

(4) A community college district.

(b)

(1) The governing body having jurisdiction over school buildings or other public buildings may authorize the use of its buildings for polling places, or for vote centers, as described in Section 4005 , beginning up to 10 days before the election and continuing through election day, and it may also authorize the use of its buildings, without cost, for the storage of voting machines and other vote-tabulating devices.

(2) If a city or county elections official specifically requests the use of a school building or public building for polling places, or vote centers beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for drop-off, set-up, and pick-up of election materials, as determined by the elections official, the governing body having jurisdiction over the particular school building or public building shall allow its use for the purpose requested, except that the University of California is encouraged, but not required, to comply with a request made pursuant to this paragraph.

(3) When allowing use of a school building for polling places or vote centers, the governing body may, but is not required to, do any of the following:

(A) Continue school in session, if the governing body identifies to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places or vote centers.

(B) Designate the day for staff training and development.

(c)

(1) An elections official requesting the use of a school building pursuant to subdivision (b) shall include in the official's request a list of the schools from which the use of a building for polling places or vote centers is needed. Requests must be made within sufficient time in advance of the school year for the governing body to determine, on a school-by-school or districtwide basis, whether to keep the affected schools in session, designate the schoolday for staff training and development, or close the school to students and nonclassified employees before school calendars are printed and distributed to parents.

(2) An elections official requesting the use of a public building pursuant to subdivision (b) shall include in the official's request a list of the buildings from which the use of a building for polling places or vote centers is needed. Requests shall be made sufficiently before election day for the governing body of the city, county, or other local governmental agency to adequately plan for the public building's use as a polling place or vote center.

(d) Once a governing body has approved the use of a school building or public building as a polling place or vote center, the governing body shall instruct the school district or other public administrator to provide the elections official a site with an adequate amount of space that will allow the precinct board or vote center to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and to make internet access available for use by local elections officials, if requested. Beginning 10 days before the election and continuing through election day, if requested by the elections official, the district administrator shall make building parking available at no charge to the precinct or vote center board and voters.

(e) A public building, including, but not limited to, a building operated by a school district, that is used as a polling place or vote center shall comply with applicable accessibility requirements described in this article, the federal Americans with Disabilities Act of 1990 ( 42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 ( 52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 ( 52 U.S.C. Sec. 10101 et seq.).

History

Amended by Stats 2019 ch 554 ( AB 59 ) , s 2 , eff. 1/1/2020 .

Amended by Stats 2018 ch 343 ( AB 2540 ) , s 1 , eff. 1/1/2019 .

Amended by Stats 2017 ch 806 ( SB 286 ) , s 34 , eff. 1/1/2018 .

Amended by Stats 2003 ch 219 ( AB 1472 ) , s 1 , eff. 1/1/2004 .

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