BILL NUMBER: AB 2797	CHAPTERED
	BILL TEXT

	CHAPTER  402
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 24, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN SENATE  AUGUST 19, 2010
	AMENDED IN ASSEMBLY  MAY 10, 2010

INTRODUCED BY   Committee on Elections and Redistricting (Fong
(Chair), Adams (Vice Chair), Coto, Mendoza, Saldana, and Swanson)

                        MARCH 25, 2010

   An act to amend Sections 302, 2130, 15281, 19370, 19380, and 19384
of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2797, Committee on Elections and Redistricting. Elections:
voter registration and ballots.
   (1) Existing law requires the Controller to allocate and disburse
to counties, from moneys appropriated by the Legislature, amounts
necessary to reimburse the counties for costs incurred in complying
with voter registration provisions, as specified. Under existing law,
counties are required to submit to the Controller claims for those
amounts by October 31 in the year following the fiscal year in which
the costs were incurred.
   This bill would instead require counties to submit the claims to
the Controller by February 15 in the year following the fiscal year
in which the costs were incurred.
   (2) Existing law requires a precinct board to post, outside of
each precinct and polling place, the results of the vote cast at that
precinct or polling place for at least 48 hours after the polls are
closed.
   This bill would exempt from this requirement precincts or polling
places where 10 or fewer voters cast their ballots on a machine that
keeps vote tallies and would instead require that the precinct board
post only the total number of voters at that precinct or polling
place.


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

  SECTION 1.  Section 302 of the Elections Code is amended to read:
   302.  "Ballot card" means a card or a number of cards upon which
are printed, or identified by reference to the ballot, the names of
candidates for nomination or election to one or more offices or the
ballot titles of one or more measures. The ballot card shall also
contain proper blank spaces to allow the voter to write in names not
printed on the ballot unless a separate write-in ballot is used. The
separate write-in ballot may be a paper ballot, a card, or the
envelope used to enclose a ballot card. Determination of the format
of a separate write-in ballot shall be within the discretion of the
elections board. The separate write-in ballot shall provide a blank
space followed by the word "office" and a second blank space followed
by the word "name" for purposes of facilitating write-in votes for
offices for which write-in votes may be cast, or may provide a space
for writing in the name followed by a space for punching or slotting
in order that the vote may be tabulated. All separate write-in
ballots may, in the discretion of the elections board, have attached
thereto two stubs that comply with Section 13261 regarding the stubs
attached to a ballot card, except that the information required under
subdivisions (c) to (g), inclusive, of Section 13261 and
instructions to voters on how to vote for persons whose names do not
appear on the ballot may be printed on the write-in ballot and not
upon a stub. Any serial numbers appearing on the write-in ballot
stubs need not be identical to the serial numbers appearing on the
stubs attached to the ballot card or cards handed to the voter.
Sections 13002 to 13007, inclusive, shall not apply to the
preparation and composition of separate write-in ballots authorized
by this section. Sections 14403 and 14404 shall not apply to separate
write-in ballots used in an election in which a punchcard voting
system is used.
  SEC. 2.  Section 2130 of the Elections Code is amended to read:
   2130.  From moneys appropriated by the Legislature, the Controller
shall allocate and disburse to the counties the amounts necessary to
reimburse them for net costs incurred by them in complying with the
voter registration provisions, including the provisions authorizing
voter registration by mail and voter outreach programs, as set forth
in Chapter 704 of the Statutes of 1975, as amended. The Secretary of
State, in consultation with the Controller, shall develop a formula
for the reimbursement of these costs. The Controller shall prescribe
the forms for filing claims pursuant to this section. These claims
shall be submitted to the Controller by February 15 in the year
following the fiscal year in which the costs were incurred.
  SEC. 3.  Section 15281 of the Elections Code is amended to read:
   15281.  The precinct board shall sign and post conspicuously on
the outside of the polling place a copy of the result of the votes
cast. The copy shall remain posted for at least 48 hours after the
official time fixed for the closing of the polls. To protect a person'
s right to cast a secret ballot under Section 7 of Article II of the
California Constitution, in cases where fewer than 10 voters cast
ballots and the precinct board tallies the results at the precinct,
the precinct board shall post only the total number of people who
voted at the precinct.
  SEC. 4.  Section 19370 of the Elections Code is amended to read:
   19370.  As soon as the polls are closed, the precinct board, in
the presence of the watchers and all others lawfully present, shall
immediately lock the voting machine against voting and open the
counting compartments, giving full view of all counter numbers. A
board member shall, in the order of the offices as their titles are
arranged on the machine, read and distinctly announce the name or
designating number and letter on each counter for each candidate's
name and the result as shown by the counter numbers. He or she shall
also in the same manner announce the vote on each measure.
   If the machine is provided with a recording device, in lieu of
opening the counter compartment, the precinct board shall proceed to
operate the mechanism to produce the statement of return of votes
cast record in a minimum of three copies, remove the irregular
ballot, if any, record on the statement of return of votes cast
record. The irregular ballot shall be attached to the statement of
result record of votes cast for the machine and become a part
thereof. One copy of the statement of return of votes cast for each
machine shall be posted upon the outside wall of the precinct for all
to see. To protect a person's right to cast a secret ballot under
Section 7 of Article II of the California Constitution, in cases
where fewer than 10 voters cast ballots on any single machine on
which the results are tallied at the precinct, the precinct board
shall post only the total number of people who voted at that precinct
on the machine that keeps vote tallies. The statement of return of
votes cast for each machine for the precinct shall constitute the
precinct statement of result of votes cast.
  SEC. 5.  Section 19380 of the Elections Code is amended to read:
   19380.  During the reading of the result of votes cast, any
candidate or watcher who may desire to be present shall be admitted
to the polling place. The proclamation of the result of the votes
cast shall be distinctly announced by the precinct board who shall
read the name of each candidate, or the designating number and letter
of his or her counter, and the vote registered on the counter. The
board shall also read the vote cast for and against each measure
submitted. The board shall not count votes cast for write-in
candidates, but shall have these counted by the elections official.
During the proclamation ample opportunity shall be given to any
person lawfully present to compare the result so announced with the
counter dials of the machine, and any necessary corrections shall
then and there be made by the precinct board, after which the doors
of the voting machine shall be closed and locked.
   To protect a person's right to cast a secret ballot under Section
7 of Article II of the California Constitution, in cases where fewer
than 10 votes are cast on any single machine on which the results are
tallied at the precinct, the precinct board shall read only the
total number of people who voted at the precinct on the machine that
keeps vote tallies.
   If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.
  SEC. 6.  Section 19384 of the Elections Code is amended to read:
   19384.  The precinct board shall, before it adjourns, post
conspicuously on the outside of the polling place a copy of the
result of the votes cast at the polling place. The copy of the result
shall be signed by the members of the precinct board. To protect a
person's right to cast a secret ballot under Section 7 of Article II
of the California Constitution, in cases where fewer than 10 voters
cast ballots on any single machine on which the results are tallied
at the precinct, the precinct board shall post only the total number
of people who voted at that precinct on the machine that keeps vote
tallies.
   If the machine is provided with a recording device, the statement
of result of votes cast produced by operating its mechanism may be
considered the "result of the votes cast" at the polling place.