BILL NUMBER: SB 1235 CHAPTERED
BILL TEXT
CHAPTER 893
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006
APPROVED BY GOVERNOR SEPTEMBER 30, 2006
PASSED THE SENATE AUGUST 30, 2006
PASSED THE ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
INTRODUCED BY Senator Bowen
FEBRUARY 6, 2006
An act to amend Section 15360 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1235, Bowen Elections.
Existing law requires the Secretary of State to establish the
specifications and the regulations governing voting machines, voting
devices, and any software used, including the programs and procedures
for vote tabulating and testing. The Secretary of State may not
approve any voting system that does not fulfill statutory and
regulatory requirements.
Existing law requires, during the official canvass of every
election in which a voting system is used, a public manual tally of
the ballots tabulated by those devices cast in 1% of the precincts
chosen at random by the elections official.
This bill would provide that the tallied ballots include the
absent voters' ballots and would also require the elections official
to use either a random number generator or other method specified by
the Secretary of State to randomly choose the initial precincts
subject to the public manual tally. By increasing the duties of local
elections officials, the bill would impose a state-mandated local
program.
The bill would also require a 5-day notice to the public of the
time and place of the manual tally and the selection of the initial
precincts and would require the elections official to include a
specified report on the results of the public manual tally.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15360 of the Elections Code is amended to read:
15360. (a) During the official canvass of every election in which
a voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices, including absent voters' ballots, cast in 1 percent of the
precincts chosen at random by the elections official. If 1 percent of
the precincts should be less than one whole precinct, the tally
shall be conducted in one precinct chosen at random by the elections
official.
In addition to the 1 percent count, the elections official shall,
for each race not included in the initial group of precincts, count
one additional precinct. The manual tally shall apply only to the
race not previously counted.
Additional precincts for the manual tally may be selected at the
discretion of the elections official.
(b) If absentee ballots are cast on a direct recording electronic
voting system at the office of an elections official or at a
satellite location of the office of an elections official pursuant to
Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on no fewer than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
(c) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts or direct recording electronic voting machines subject to
the public manual tally.
(d) The manual tally shall be a public process, with the official
conducting the election providing at least a five-day public notice
of the time and place of the manual tally and of the time and place
of the selection of the precincts to be tallied prior to conducting
the tally and selection.
(e) The official conducting the election shall include a report on
the results of the 1 percent manual tally in the certification of
the official canvass of the vote. This report shall identify any
discrepancies between the machine count and the manual tally and a
description of how each of these discrepancies was resolved. In
resolving any discrepancy involving a vote recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter verified paper audit trail shall govern
if there is a discrepancy between it and the electronic record.
SEC. 2. If the Commission on State Mandates determines that this
act contains 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.