BILL ANALYSIS AB 2797 Page 1 Date of Hearing: May 4, 2010 ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING Paul Fong, Chair AB 2797 (Elections & Redistricting Committee) - As Introduced: March 25, 2010 SUBJECT : Elections: voter registration and ballots. SUMMARY : Makes various minor and technical changes to existing law governing elections. Specifically, this bill : 1)Moves back the deadline for a county to submit claims for reimbursement for costs incurred by the county in complying with various voter registration laws from October 31 to February 15 in the year following the fiscal year in which the costs were incurred. 2)Repeals an obsolete provision of law that establishes a revolving fund for the purchase of ballot paper. 3)Provides that in cases where a precinct board would be required to post the results of ballots cast at the precinct, the precinct board shall not do so if fewer than 10 voters cast ballots in the precinct in order to protect the secrecy of those voters' ballots. Provides instead that the precinct board shall post only the total number of people who voted at the precinct. 4)Provides that in cases where a precinct board would be required to post the results of ballots cast on a voting machine at the precinct, the precinct board shall not do so with respect to any machine on which fewer than 10 voters cast ballots, in order to protect the secrecy of those voters' ballots. Provides instead that the precinct board shall post only the total number of people who voted on that machine. 5)Makes a non-substantive corresponding change. EXISTING LAW : 1)Requires the State Controller to reimburse counties for the costs incurred by them in complying with various voter registration provisions of state law, including provisions authorizing voter registration by mail and requiring voter AB 2797 Page 2 outreach programs. Requires the counties to submit claims for reimbursement for such costs to the Controller by October 31 in the year following the fiscal year in which the costs were incurred. 2)Establishes a revolving fund for the purchase of ballot paper and punchcards. 3)Requires, in elections where ballots are counted by hand at the polling place, the precinct board to post conspicuously on the outside of the polling place a copy of the results of votes cast in that precinct. 4)Requires, in elections where ballots are cast on voting machines that are provided with a recording device, the precinct board to post one copy of the results of votes cast on each machine on the outside wall of the precinct. FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel. COMMENTS : 1)Proposed Amendments : To clarify ambiguous language in this bill, committee staff recommends the following amendments: Amend page 3, lines 33 to 40 and page 4, lines 1 and 2 as follows: 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, inIncases where fewer than 10 voters cast ballots and the precinct board tallies the results at the precinct,on machines on which the results are tallied at the precinct and posting the results may violate a person's right to cast a secret ballot under Section 7 of Article II of the California Constitution,the precinct board shall post only the total number of people who voted at the precincton machines that keep vote tallies. Amend page 4, lines 15 to 31 as follows: If the machine is provided with a recording device, in lieu of AB 2797 Page 3 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, inIncases where fewer than 10 voters cast ballots on any single machinemachineson which the results are tallied at the precinctand posting the results may violate a person's right to cast a secret ballot under Section 7 of Article II of the California Constitution, the precinct board shall post only the total number of people who voted at that precinct on that machinemachinesthat keepskeepvote tallies. The statement of return of votes cast for each machine for the precinct shall constitute the precinct statement of result of votes cast. Amend page 4, lines 34-40 and page 5, lines 1 and 2, as follows: 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, inIncases where fewer than 10 voters cast ballots on any single machinemachineson which the results are tallied at the precinctand posting the results may violate a person's right to cast a secret ballot under Section 7 of Article II of the California Constitution, the precinct board shall post only the total number of people who voted at that precinct on that machinemachinesthat keepskeepvote tallies. Additionally, consistent with other policy changes that are made by this bill to ensure that the announcement of election results does not compromise the secrecy of any voter's ballot, committee staff also recommends that this bill be amended to make the following changes to Section 19380 of the Elections Code, which were requested by the Secretary of State: AB 2797 Page 4 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 that precinct on that machine that keeps vote tallies. If the machine is provided with a recording device, only the alternate procedures in Section 19370mayshall be used. 2)Purpose of the Bill : This is one of the Assembly Elections and Redistricting Committee's annual omnibus bills, containing various minor and technical changes to provisions of state law governing elections. 3)County Reimbursement for Voter Registration Costs : Under existing law, counties are reimbursed by the state for net costs incurred by them in complying with various state voter registration laws and for conducting certain voter outreach programs. State law requires counties to submit claims for those costs to the Controller by October 31 in the year following the fiscal year in which the costs were incurred. According to the State Controller's office, however, all other claims are due on February 15, so in practice, they have allowed counties to file claims for these costs until February 15. This bill conforms state law to existing practice by extending AB 2797 Page 5 the deadline for counties to file claims for voter registration and outreach costs from October 31 to February 15 in the year following the fiscal year in which the costs were incurred. This provision was requested to be included in an omnibus bill by the State Controller's office. 4)Ballot Paper Revolving Fund : Elections Code Section 13007 establishes a continuously-appropriated revolving fund in the state treasury for the purchase of ballot paper and punchcards. However, according to the office of the Secretary of State, that provision of law is obsolete, and the revolving fund is not used for the purchase of ballot paper. This bill repeals the provisions of existing law that establish the revolving fund, and makes a corresponding change. 5)Posting of Election Results : Existing law requires the results of votes cast on voting machines at a polling place to be posted outside the polling place after the polls close on election day. However, because of changes in technology and restrictions on the use of certain types of voting machines, most counties have only one voting machine per polling place, which is used to comply with state and federal laws that require that voters with disabilities be given the opportunity to cast a vote without assistance. As a result, it is often the case that few ballots are cast on a voting machine at a polling place, so posting the results of votes cast on those machines could compromise the secrecy of the ballot of those voters who used that machine. This proposal provides that in cases where fewer than 10 voters cast ballots on machines on which the results are tallied at the precinct and posting the results may violate a person's right to cast a secret ballot, the precinct board shall post only the total number of people who voted at the precinct on machines that keep vote tallies. Additionally, this bill provides that if a precinct board tallies votes manually at the polling place and fewer than 10 voters cast ballots at that polling place, the precinct board shall post only the total number of people who voted at the precinct instead of posting the results of ballots cast at that precinct. These provisions were requested to be included in an omnibus bill by the Secretary of State's office. REGISTERED SUPPORT / OPPOSITION : AB 2797 Page 6 Support State Controller John Chiang Opposition None on file. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094