BILL ANALYSIS SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS Senator Loni Hancock, Chair BILL NO: AB 2797 HEARING DATE: 6/29/10 AUTHOR: Assembly E&R Comm. ANALYSIS BY: Frances Tibon Estoista AMENDED: 5/10/10 FISCAL: NO SUBJECT Elections: ballot measures DESCRIPTION Existing law 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 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. Existing law establishes a revolving fund for the purchase of ballot paper and punch cards. Existing law 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. Existing law 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. Existing law also sets forth specific procedures for closing of the polls. This bill 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. This bill repeals an obsolete provision of law that establishes a revolving fund for the purchase of ballot paper. This bill 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, and instead would require the precinct board to post only the total number of people who voted at the precinct. This bill 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. This bill provides instead that the precinct board shall post only the total number of people who voted on that machine. This bill clarifies ambiguous language in the procedures for closing of the polls and also adds language to protect a person's right to cast a secret ballot in instances where fewer than 10 voters cast ballots on any single machine on which the results are tallied at the precinct, providing consistency with other policy changes brought about by this bill. This bill also makes a non-substantive corresponding change. BACKGROUND 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. COMMENTS AB 2797 (ASSEMBLY E&R) Page 2 1. Ballot Paper Revolving Fund : Existing law 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. 2. 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. 3. Previous Legislation . Among other provisions, SB 541 AB 2797 (ASSEMBLY E&R) Page 3 (Pavley) of 2009 proposed to repeal the provisions of the Elections Code that establish the ballot paper revolving fund, similar to a provision in this bill. SB 541 was vetoed by the Governor for unrelated reasons. SB 1404 (Pavley) from this year is a reintroduction of SB 541, and similarly proposes to repeal the provisions of the Elections Code that establish the ballot paper revolving fund. SB 1404 passed out of the Assembly Elections and Redistricting Committee on June 22, 2010. PRIOR ACTION Assembly Elections and Redistricting Committee: 7-0 Assembly Floor: 76-0 POSITIONS Sponsor: Assembly Elections and Redistricting Committee Support: Secretary of State State Controller John Chiang Oppose: None received AB 2797 (ASSEMBLY E&R) Page 4