BILL NUMBER: AB 257 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Adams
FEBRUARY 11, 2009
An act to add Section 16001 to the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 257, as amended, Adams. Elections: reporting irregularities.
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. 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.