BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2797
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2797 (Elections and Redistricting Committee)
          As Amended  August 19, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |76-0 |(May 13, 2010)  |SENATE: |35-0 |(August 24,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    E. & R.

          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)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.

          3)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.
           
           The Senate amendments  delete a portion of the bill that would  
          have repealed an obsolete provision of law that establishes a  
          revolving fund for the purchase of ballot paper in order to  
          avoid chaptering conflicts with SB 1404 (Pavley).  

          AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version approved by the Senate.









                                                                  AB 2797
                                                                  Page  2

           FISCAL EFFECT  :  Keyed non-fiscal by the Legislative Counsel.

           COMMENTS  :  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.

          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 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.

          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 bill  
          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  








                                                                  AB 2797
                                                                  Page  3

          cast at that precinct.  These provisions were requested to be  
          included in an omnibus bill by the Secretary of State's office.

           
          Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 


                                                              FN:  0006530