BILL NUMBER: AB 257 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Adams
FEBRUARY 11, 2009
An act to add Chapter 5.5 (commencing with Section 17401)
to Division 17 of Section 16001 to the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 257, as amended, Adams. Elections: election incidences
and reporting 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.
Existing law provides procedures and requirements for contesting
the results of an election.
This bill would require the Secretary of State to establish a
uniform report that elections officials would use to document
election day incidents and voting irregularities that could be used
in contested elections.
Because this bill would change or expand the duties of local
elections officials, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.
SECTION 1. Section 16001 is added to the
Elections Code , to read:
16001. (a) The Secretary of State shall establish a uniform
reporting format to collect information from county elections
officials relating to election day incidents and irregularities that
occur during the casting of ballots in a regularly scheduled
statewide election.
(b) For purposes of this section, "election day incidents and
irregularities" includes documented complaints or reports of any of
the following:
(1) Voter fraud.
(2) Voter intimidation.
(3) The failure, malfunction, or improper usage or operation of
either an electronic voting machine or a paper ballot, whether cast
by mail or at a polling place.
(4) Incidents resulting in voter disenfranchisement.
(c) The Secretary of State shall make the reports submitted by
county elections officials pursuant to subdivision (a) publicly
available on his or her Internet Web site.
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.