SB 851: Elections.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing state and federal law provides for the enforcement of laws related to elections and provides procedures to challenge the conduct of elections and election results.

This bill would require a state or local agency or political subdivision that files or is served with a court action relating to elections that contains a claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 days. The bill would require a state or local agency or political subdivision, at least 14 days before entering into a settlement, consent decree, or other court-approved agreement with respect to such a claim arising under federal law, to provide notice of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General. The bill would exempt records or information exchanged pursuant to this provision from the California Public Records Act.

(2)Existing law requires an elections official, upon completion of the count, to add the results of write-in votes and any paper ballots used as certified by the precinct board, and thereupon declare the vote. Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election, as specified. Existing law requires the elections official to send to the Secretary of State within 31 days of the election in an electronic format a complete copy of specified election results, including the vote given for persons for electors of President and Vice President of the United States, all candidates voted for statewide office, and all statewide measures.

This bill would specify that the duties described above imposed on elections officials are ministerial and nondiscretionary.

Existing law, if the Secretary of State determines that state election laws are not being enforced, requires the Secretary of State to call the violation of those laws to the attention of the district attorney of the county or to the Attorney General.

This bill, if an elections official fails to prepare a certified statement of the results of the election, would require the Secretary of State to call the violation to the attention of the district attorney of the county or to the Attorney General and authorize the Secretary of State to assist the county elections official in discharging their duties, consistent with those provisions.

Sponsors

Sponsors by party (alphabetical): Democratic 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 1, 2025Chaptered by Secretary of State. Chapter 238, Statutes of 2025.
2. October 1, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 13, 2025Assembly amendments concurred in. (Ayes 29. Noes 6. Page 3059.) Ordered to engrossing and enrolling.
5. September 13, 2025Urgency clause adopted.
6. September 13, 2025In Senate. Concurrence in Assembly amendments pending.
7. September 13, 2025Read third time. Urgency clause adopted. Passed. (Ayes 60. Noes 19. Page 3447.) Ordered to the Senate.
8. September 12, 2025Assembly Rule 63 suspended. (Ayes 57. Noes 20. Page 3441.)
9. September 12, 2025From committee: Do pass. (Ayes 5. Noes 2.) (September 12).
10. September 10, 2025Joint Rule 62(a) suspended.
11. September 9, 2025Re-referred to Com. on ELECTIONS pursuant to Assembly Rule 77.2.
12. September 9, 2025Ordered to third reading.