BILL NUMBER: SB 370	CHAPTERED  10/07/05

	CHAPTER  724
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE SENATE  AUGUST 29, 2005
	PASSED THE ASSEMBLY  AUGUST 25, 2005
	AMENDED IN ASSEMBLY  JUNE 27, 2005
	AMENDED IN ASSEMBLY  MAY 23, 2005
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Bowen

                        FEBRUARY 17, 2005

   An act to amend Section 15627 of, and to add Section 19253 to, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 370, 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 also prohibits the Secretary
of State from approving a direct recording electronic voting system
that does not include an accessible voter verified paper audit trail,
and will prohibit, on and after January 1, 2006, a city or county
from contracting for or purchasing a direct recording electronic
voting system that does not include an accessible voter verified
paper audit trail. In addition, existing law requires that, as of
January 1, 2006, all direct recording electronic voting machines in
use on that date, regardless of when contracted for or purchased,
shall have received federal qualification, as defined, and shall
include an accessible voter verified paper audit trail.
   This bill would provide that on a direct recording electronic
voting system, the electronic record of each vote shall be considered
the official record of the vote, except that the voter verified
paper audit trail shall be the official paper audit record and shall
be used in the manual tally and any recount.
   Existing law provides that, if in the event of a recount of an
election in which the votes were recorded by a punchcard, electronic,
or electromechanical system, the voter demanding the recount may
select whether the recount is conducted manually, by means of the
voting system used originally, or both.
   This bill would provide that for purposes of direct recording
electronic voting systems, "conducted manually" means either that the
paper record copies or the voter verified paper audit trail of the
electronically recorded vote are counted manually, as selected by the
voter who requests the recount. By increasing the duties of local
elections officials, the 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, 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 15627 of the Elections Code is amended to read:

   15627.  (a) If in the election which is to be recounted the votes
were recorded by means of a punchcard voting system or by electronic
or electromechanical vote tabulating devices, the voter who files the
declaration requesting the recount may select whether the recount
shall be conducted manually, or by means of the voting system used
originally, or both.
   (b) For purposes of direct recording electronic voting systems,
"conducted manually" means that either the paper record copies or the
voter verified paper audit trail of the electronically recorded vote
are counted manually, as selected by the voter who requests the
recount.
  SEC. 2.  Section 19253 is added to the Elections Code, to read:
   19253.  (a) On a direct recording electronic voting system, the
electronic record of each vote shall be considered the official
record of the vote, except as provided in subdivision (b).
   (b) (1) The voter verified paper audit trail shall be considered
the official paper audit record and shall be used for the required
1-percent manual tally described in Section 15360 and any full
recount.
   (2) The voter verified paper audit trail shall govern if there is
any difference between it and the electronic record during a
1-percent manual tally or full recount.
  SEC. 3.  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.