BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                    AB 56|
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                                 THIRD READING

          Bill No:  AB 56
          Author:   Shelley (D) & Hertzberg (D)
          Amended:  9/13/01 in Senate
          Vote:     27 - Urgency

           SENATE ELECTIONS & REAP. COMMITTEE  :  6-0, 7/11/01
          AYES:  Alpert, Burton, Murray, Ortiz, Perata, Polanco

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 9/6/01
          AYES:  Alpert, Bowen, Escutia, Karnette, McPherson, Murray,  
            Perata, Speier

           SENATE FLOOR  :  29-8, 9/14/01
          AYES: Alarcon, Alpert, Battin, Brulte, Burton, Chesbro,  
            Costa, Dunn, Escutia, Figueroa, Johannessen, Karnette,  
            Kuehl, Machado, McPherson, Monteith, Murray, O'Connell,  
            Ortiz, Peace, Perata, Polanco, Poochigian, Scott, Soto,  
            Speier, Torlakson, Vasconcellos, Vincent
          NOES:  Ackerman, Haynes, Johnson, Knight, Margett,  
            McClintock, Morrow, Oller

           ASSEMBLY FLOOR  :  71-4, 6/6/01 -  See last page for vote

           SUBJECT  :    Ballot Protection Act of 2002

           SOURCE  :     Author

           DIGEST  :    This bill enacts the Voting Modernization Bond  
          Act of 2002 by placing a bond act on the March primary  
          ballot and authorizes counties to use bond funds for the  
          purchase of updated voting systems in the amount of $200  


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           Senate Floor Amendments  of 9/13/01 (1) change the name of  
          the act from the Ballot Protection Act to the Voting  
          Modernization Act, (2) lowers the amount of bonds from $300  
          million to $200 million, and (3) changes the author.

           ANALYSIS  :    Existing law:
          1.Requires the Secretary of State (SOS) to study and adopt  
            regulations governing the use of voting machines, voting  
            devices, and vote tabulating devices.

          2.Provides that no voting system shall be used unless it  
            has received the approval of the SOS prior to any  
            election at which it is to be first used.

          3.Provides that any person or corporation owning any voting  
            system may apply to the SOS to examine and report on its  
            accuracy and efficiency to fulfill its purpose.

          4.Requires the SOS to  hold a public hearing prior to the  
            approval or denial of any voting machine, voting device,  
            or vote tabulating device.  Any decision of the SOS in  
            this regard shall be in writing and shall state the  
            findings of the SOS.

          5.Provides that the governing board of any locality may  
            adopt for use at elections any kind of voting system  
            provided that its use has been approved by the SOS or  
            specifically authorized by law.  The governing board of  
            any locality may, on an experimental basis, use a voting  
            system not previously authorized.

          This bill:
           1.Authorizes the placement of a $200 million General  
            Obligation bond act on the March 5, 2002 primary election  
            ballot.  Requires bonds issued under this act be repaid  
            within 10 years.

          2.Creates the Voter Modernization Finance Committee,  
            consisting of the State Controller, the Director of the  
            State Department of Finance and the State Treasurer, or  


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            their designated representatives.

          3.Limits eligibility for funding from the bonds to counties  
            that meet or adhere to the following requirements:  

              A.    The county has purchased a new voting system after  
                January 1, 1999, and is continuing to make payments  
                on that system on the date that this bill becomes  

             B.    The county provides matching funds to purchase the  
                updated voting system at a ratio of $1 of county  
                funds for every $3 of bond funds.

                The funds will not be used to purchase a voting  
                system utilizing prescored punch card ballots.

             C.    The county has not previously requested fund money  
                for the purchase of a new voting system.   
                Applications for expansion of an existing system or  
                components related to a previously approved  
                application shall be accepted.

          4.Specifies that, for purposes of this bill, "voting  
            system" includes any voting machine, voting device, or  
            vote-tabulating device that does not use prescored punch  
            card ballots.

          5.Specifies that any voting system purchased using bond  
            funds after the date that this bill becomes effective  
            that does not require a voter to directly mark on the  
            ballot must produce, at the time the voter votes his or  
            her ballot or at the time the polls are closed, a paper  
            version or representation of the voted ballot or of all  
            the ballots cast on a unit of the voting system.  The  
            paper version shall not be provided to the voter but  
            shall be retained by elections officials for use during  
            the one percent manual recount or other recount or  

          6.Creates a Voter Modernization Board and designates the  
            board for purposes of the State General Obligation Bond  
            Law and for purposes of administering the Voting  
            Modernization Fund.  The board consists of five members,  


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            three selected by the Governor and two selected by the  
            Secretary of State.

            The board shall have the authority to reject the  
            application for fund money it deems inappropriate,  
            excessive, or that does not comply with the intent of  
            this article.  A county whose application is rejected  
            shall be allowed to submit an amended application.

          7.Allows the Legislature to amend subdivisions (c) and (d)  
            of Section 19234 and Section 19235 of the Election Code  
            by a statute, passed in each house of the Legislature by  
            roll call vote entered in the respective journals, by not  
            less than two-thirds of the membership in each house  
            concurring, if the statute is consistent with, and  
            furthers the purpose of this bill.

          The Governor's proposed 2001-2002 Budget directed $40  
          million from the General Fund to the Office of Planning and  
          Research to establish a touch screen voting pilot project  
          in three counties.  These funds are deleted in the May  
          Revise of the Governor's Budget.

          According to the Legislative Analyst's Office, "[t]ouch  
          screen voting systems allow voters to push on screen  
          buttons to record their choice.  The system is designed to  
          prevent voters from accidentally voting for multiple  
          candidates for an office for which there can be only one  
          winner.  The SOS is responsible for testing and certifying  
          all voting systems used in California elections, including  
          touch screen systems.  To date, SOS has certified three  
          different types of touch screen systems for counties to  
          use.  In addition, six counties have used touch screen  
          systems to varying degrees in actual elections, and one  
          county has used touch screen voting for an entire general  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Provides for a $200 million Bond Act.

          SUPPORT  :   (Verified  9/13/01)


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          Office of the State Attorney General
          Secretary of State
          California Labor Federation, AFL-CIO
          Congress of California Seniors
          California Association of Clerks and Election Officials
          City Clerk Association of California
          League of California Cities
          California Association of Counties
          The Urban Counties Caucus
          California Public Interest Research Group
          Alameda County Board of Supervisors
          Kern County Board of Supervisors
          Los Angeles County Board of Supervisors
          Napa County Board of Supervisors
          Orange County Board of Supervisors
          Riverside County Board of Supervisors
          Santa Clara County Board of Supervisors
          Siskiyou County Board of Supervisors
          Global Election Systems
          San Joaquin County
          San Jose/Silicon Valley NAAU
          Compaq Computer System
          California Common Cause
          City of Albany

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "[m]any of the voting systems in use in California, while  
          still functional, are technologically obsolete.  There is a  
          critical need for the state to work with counties and  
          provide a financial partner to assure that voting systems  
          in California are the most accurate, reliable, and secure  
          in the nation."

           ASSEMBLY FLOOR  
          AYES:  Aanestad, Alquist, Aroner, Ashburn, Bogh, Briggs,  
            Calderon, Bill Campbell, John Campbell, Canciamilla,  
            Cardenas, Cardoza, Cedillo, Chan, Chavez, Chu, Cogdill,  
            Cohn, Corbett, Correa, Cox, Diaz, Dickerson, Dutra,  
            Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,  
            Horton, Jackson, Keeley, Kehoe, Kelley, Koretz, La Suer,  
            Leach, Leonard, Leslie, Liu, Longville, Lowenthal,  
            Maddox, Maldonado, Matthews, Migden, Nakano, Nation,  
            Negrete McLeod, Oropeza, Robert Pacheco, Rod Pacheco,  


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            Papan, Pavley, Pescetti, Richman, Runner, Salinas,  
            Shelley, Simitian, Steinberg, Strickland, Strom-Martin,  
            Thomson, Vargas, Wayne, Wesson, Wiggins, Wyland,  
          NOES:  Daucher, Hollingsworth, Mountjoy, Wyman

          DLW:cm  9/26/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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