AB 1664

The Secretary of State is the chief elections officer of the state, and the Attorney General is the chief law officer of the state. Existing law requires a state or local agency that files or is served with an elections-related claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 court days. Existing law requires a state or local agency that intends to enter into a settlement, consent decree, or other court-approved agreement related to the claim to provide a draft copy of the settlement, consent decree, or agreement to the Secretary of State and the Attorney General at least 14 court days before entering into it. This bill would require a local agency, political subdivision, or elections official to provide notice to the Secretary of State and the Attorney General immediately, but no later than one calendar day, after becoming aware of any warrant, subpoena, or active law enforcement investigation pertaining to any election records or certified voting technology under their custody or control. The bill would authorize the Secretary of State or the Attorney General to intervene in, or initiate, any court proceedings to challenge a warrant or subpoena on any valid grounds or seek any other appropriate relief. The bill would repeal these provisions on January 1, 2030. By increasing the duties of local elections officials, this bill would create 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. This bill would declare that it is to take effect immediately as an urgency statute.