BILL NUMBER: AB 257	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 11, 2009

   An act to  amend Section 18403   add Chapter
5.5 (commencing with Section 17401) to Division 17  of the
Elections Code, relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 257, as amended, Adams. Elections:  ballot handling
  election incidences and irregularities  . 
   Existing law prohibits the corruption of the voting process, as
prescribed.  
   This bill would require a county elections official to report to
the Secretary of State, not later than 30 days following the official
canvass for a statewide election, all election incidences and
irregularities that occur during the preparation for and conduct of
the statewide election or during the official canvass for the
statewide election. The bill would define "election incidences and
irregularities" to include, but not be limited to, documented
complaints or reports of voter fraud; documented complaints or
reports of voter intimidation; documented complaints or reports of
the failure, malfunction, or improper usage or operation of an
electronic voting machine or paper ballot; or documented complaints
or reports of incidents resulting in voter disenfranchisement. 

   Because the bill would require a higher level of service from a
county elections official, it 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.  
   Existing law prohibits any person other than an election official
from receiving, soliciting, or examining a voted ballot from a voter,
unless a specified exception applies.  
   This bill would make a nonsubstantive change to this provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 5.5 (commencing with Section
17401) is added to Division 17 of the   Elections Code 
 , to read:  
      CHAPTER 5.5.  STATEWIDE ELECTION INCIDENCES AND IRREGULARITIES


   17401.  (a) A county elections official shall report to the
Secretary of State all election incidences and irregularities that
occur during the preparation and conduct of a statewide election or
during the official canvass for the statewide election.
   (b) For purposes of this section, "election incidences and
irregularities" includes, but is not limited to, documented
complaints or reports of voter fraud; documented complaints or
reports of voter intimidation; documented complaints or reports of
the failure, malfunction, or improper usage or operation of either an
electronic voting machine or a paper ballot, whether cast by vote by
mail or at a polling place; or documented complaints or reports of
incidents resulting in voter disenfranchisement.
   (c) The report required by this section shall be submitted to the
Secretary of State not later than 30 days following the official
canvass for the statewide election.
   (d) Nothing in this section shall inhibit the ability of a county
elections official or his or her staff from providing communications
regarding election incidences and irregularities to the Secretary of
State in a more timely or frequent manner than that required by
subdivision (c).
   (e) In complying with this section, a report by a county elections
official shall be submitted to the Secretary of State on a form
which shall be created and approved by the Secretary of State. A
county elections official shall submit his or her report to the
Secretary of State in both written and electronic form.
   (f) The Secretary of State shall review the report submitted by
the county elections official pursuant to this section and may take
action that the Secretary of State deems appropriate with available
existing funds. 
   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.  
  SECTION 1.    Section 18403 of the Elections Code
is amended to read:
   18403.  Any person other than an elections official or a member of
the precinct board who receives a voted ballot from a voter or who
examines or solicits a voter to show his or her voted ballot is
punishable by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the state prison for 16 months or two or three years
or in a county jail not exceeding one year, or by both the fine and
imprisonment. This section shall not apply to persons returning a
vote by mail ballot pursuant to Section 3017 or 3021 or persons
assisting a voter pursuant to Section 14282.