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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
90
URGENCY STATUTE
Introduced by Senators Umberg and Cervantes
January 13, 2026
An act to add and repeal Chapter 5 (commencing with Section 400) of Division 0.5 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.
Vote: 2/3 Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law generally requires county elections officials to divide the county into precincts and designate a polling place for each precinct. As an alternative, a county elections official may conduct any election using vote centers instead of polling places. Existing law requires counties to provide ballot dropoff locations that are open beginning at least 28 days before the election. Under existing law, a vote by mail ballot is timely cast if it is postmarked on or before election day and received in the mail by the voter’s elections official no later than 7 days after election day. Existing law prohibits and makes it a misdemeanor to engage in specified electioneering activities within 100 feet of a polling place, elections official’s office, satellite location, or an outdoor site at which a voter may cast or drop off a ballot.
This bill,
for any regular or special election, beginning with the November 3, 2026, statewide general election, held in 2026 through 2029, inclusive, or proclaimed in 2029, would do the following: (1) require all ballot dropoff locations to be open beginning at least 30 days before the election; (2) prohibit law enforcement officers from making arrests within 200 feet of a polling place on election day, except for a crime related to disrupting the operation of the polling place or a crime against a person or property; (4) (3) authorize a county board of supervisors to extend the prohibition on electioneering activities to up to 200 feet of the specified voting locations; (5)
(4) require law enforcement officers to notify the Secretary of State and Attorney General of a suspected, planned, or actual violation of the prohibitions on arrests or electioneering activities near polling places; (6) (5) authorize the state and local governments to place reasonable restrictions on polling places located on their property; and (7) (6)
authorize a county elections official to extend the time for closing the polls at any polling place if the county elections official determines that voting at the polling place was disrupted as a result of a violation of the prohibitions on arrests or electioneering activities near polling places.
By increasing the duties of county elections officials, and by expanding the scope of an existing crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
(a) This act shall be known, and may be cited, as the Protect Our Polls Act.
(b) The Legislature finds and declares all of the following:
(1) Free, fair, and secure elections are fundamental to democracy, and all eligible voters must be able to cast a ballot without fear of intimidation, interference, or disruption.
(2) Certain crimes have less exigent circumstances than others and the value of arresting and detaining those accused is outweighed by the harm it creates in sensitive areas like polling places.
(3) Existing law prohibits electioneering within 100 feet of polling places to protect voters from undue influence and intimidation while exercising their right to vote.
(4) Recent actions to weaponize law enforcement authority for political purposes, such as Sheriff Chad Bianco’s seizure of ballots in Riverside County, have given rise to unprecedented concerns about law enforcement interference in the 2026 general election.
(5) Government officials and political allies have publicly discussed deploying law enforcement officers near polling places, creating serious concerns about voter intimidation and unlawful interference with the right to vote.
(6) During the November 2025 special election, the United States Department of Justice deployed personnel to monitor polling sites in five California counties, including Fresno, Kern, Los Angeles, Orange, and Riverside, demonstrating that these threats are not merely hypothetical.
(7) Proposed legislation such as the SAVE Act and executive actions targeting vote by mail ballots reflect broader efforts to disenfranchise voters, suppress turnout among minority communities, and undermine California’s constitutional authority to administer its own elections.
(8) Recent changes to United States Postal Service postmark practices have increased the risk that timely mailed ballots may be rejected because of postal delays outside the voter’s control, threatening ballot access for eligible voters across the state.
(9) California must act to preserve the integrity of its elections by protecting polling places from intimidation, ensuring access to vote by mail ballots, and maintaining safe and secure access to the ballot box for every eligible voter.
SEC. 2.
Chapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code, to read:
Chapter 5. Elections in 2026 through 2029
This chapter applies to any regular or special election, beginning with the November 3, 2026, statewide general election, held in 2026 through 2029, inclusive, or proclaimed in 2029.
All vote by mail ballot drop-off locations shall be open at least during regular business hours beginning not less than 30 days before the day of the election and continuing through and including the day of the election.
County election officials are encouraged to use public buildings for polling places.
A law enforcement officer shall not arrest any person within 200 feet of a polling place on election day during the time in which the polling place is open, except for a crime related to disrupting the operation of the polling place, a crime against a person, or a crime against property. This section does not provide legal amnesty for any crime committed within the buffer zone on election day.
(a) Notwithstanding any other law, the prohibition on electioneering in subdivision (a) of Section 319.5 may be expanded by a county board of supervisors to up to 200 feet of either of the following:
(1) The entrance to a building that contains a polling place, an elections official’s office, or a satellite location.
(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.
(b) A violation of this section is punishable as a misdemeanor as provided in Section 18370 or 18371.
(c) If a county board of supervisors expands the area in which electioneering is prohibited pursuant to subdivision (a), the approved distance shall be uniform at every location described in paragraphs (1) and (2) of subdivision (a) within the county.
(d) A county board of supervisors shall notify the Secretary of State if the board expands the area in which electioneering is prohibited pursuant to subdivision (a).
(a) A law enforcement officer shall abide by Sections 403 and 404 and subdivision (a) of Section 18370.
(b) A law enforcement officer shall notify the Secretary of State and Attorney General of a suspected, planned, or actual violation of Section 403 or 404 or subdivision (a) of Section 18370.
To implement the requirements of this chapter, the state may place reasonable restrictions on a polling place located on state property, and a local government may place reasonable restrictions on a polling place located on local government property.
(a) Notwithstanding Section 14212, Section 4005, or any other law, on election day a county elections official may extend the time for closing the polls at any polling place if the county elections official determines, in consultation with the county counsel, in the official’s discretion, that voting at the polling place was disrupted as a result of a violation of Section 403 or 404 or subdivision (a) of Section 18370.
(b) If the time for closing the polls is extended pursuant to subdivision (a), all votes cast during the time that the closing of the polls is extended shall be by provisional ballot. Any provisional ballots cast pursuant to this subdivision shall be separated and held apart from other provisional ballots cast by voters prior to the time the closing of the polls was extended.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure eligible voters may vote safely and securely at the November 3, 2026, statewide general election, it is necessary for this act to take effect immediately.