BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 257
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 257 (Adams) - As Amended:  May 6, 2009 

          Policy Committee:                              ElectionsVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires the Secretary of State (SOS) to establish a  
          uniform reporting format to collect information from county  
          elections officials relating to incidents and irregularities  
          occurring during regularly schedule statewide elections.  This  
          bill also:

          1)Provides that, for the purposes of the reports, "election  
            incidents and irregularities" includes documented complaints  
            or reports of: (a) voter fraud; (b) voter intimidation; (c)  
            failure, malfunction, or improper usage or operation of either  
            an electronic voting machine or a paper ballot; or (d)  
            incidents resulting in voter disenfranchisement. 

          2)Requires the SOS to make any county reports available on the  
            SOS website.

           FISCAL EFFECT  


          1)Minor reimbursable costs, less than $60,000 annually assuming  
            an average of $1,000 per county, for every county to provide  
            the required report to the SOS following a statewide election.


          2)The SOS would incur ongoing GF costs of about $40,000 for  
            one-half position to develop the standard report format and to  
            receive, review, and respond to irregularities reported by the  
            counties. 


           COMMENTS  








                                                                  AB 257
                                                                  Page  2


           1)Purpose  .  According to the author, "During the February 5,  
            2008 Presidential Primary Election, several counties  
            throughout the state experienced problems conducting the  
            election.  For example, in Los Angles County, there were  
            problems with the design of the ballot that resulted in  
            several ballots not being counted.  In Riverside County, there  
            were issues with voters receiving unusable ballots which had  
            to be replaced by local election officials.  Additionally, on  
            Election night, there were countless press reports of polls  
            being kept open past 8pm, polling places running out of  
            ballots, and several other instances of Election Day  
            inconsistencies and irregularities.

            "This bill will ensure that the State Legislature and the  
            Secretary of State has the information needed to adequately  
            oversee the conduction of statewide election[s] and ensure  
            that all statewide elections are conducted in the most secure  
            and efficient manner possible."
           2)Prior Legislation  .  In 2008, a similar bill AB 2628 (Adams),  
            was held on Suspense in Senate Appropriations.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081