BILL NUMBER: AB 985	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams
   (Coauthor: Senator Blakeslee)

                        FEBRUARY 18, 2011

   An act to amend Section 15360 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 985, as introduced, Williams. Elections: official canvass:
manual tally.
   Existing law requires, during the official canvass of an election
in which a voting system is used, the elections official conducting
the election to conduct a public manual tally of the ballots
tabulated by those devices, including vote by mail voters' ballots,
cast in 1% of the precincts chosen at random by the elections
official.
    This bill would, during the official canvass of an election in
which a voting system is used, authorize the elections official
conducting the election to conduct a public manual tally by
alternative means than those described above. Specifically, this bill
would permit the elections official conducting the election to
conduct a manual tally of the ballots cast in 1% of the precincts
chosen at random by the elections official and a separate manual
tally of not less than 1% of the vote by mail ballots cast in the
election.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 15360 of the Elections Code is amended to read:

   15360.  (a) During the official canvass of every election in which
a voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices, including vote by mail  voters'  ballots,
 cast   using either of the following methods:

    (1)     (A)    A public
manual tally of the ballots, including vote by mail ballots, cast
 in 1 percent of the precincts chosen at random by the elections
official. If 1 percent of the precincts is less than one whole
precinct, the tally shall be conducted in one precinct chosen at
random by the elections official.
    (B)     (i)    In addition to
the 1 percent manual tally, the elections official shall, for each
race not included in the initial group of precincts, count one
additional precinct. The manual tally shall apply only to the race
not previously counted.
    (ii)    Additional precincts for the manual
tally may be selected at the discretion of the elections official.

   (2) A two-part public manual tally, which includes both of the
following:  
   (A) A public manual tally of the ballots, not including vote by
mail ballots, cast in 1 percent of the precincts chosen at random by
the elections official and conducted pursuant to paragraph (1). 

   (B) (i) A public manual tally of not less than 1 percent of the
vote by mail ballots cast in the election. Batches of vote by mail
ballots shall be chosen at random by the elections official. 

   (ii) For the purposes of this section, a "batch" means a set of
ballots tabulated by the voting system devices, for which the voting
system can produce a report of the votes cast.  
   (iii) (I) In addition to the 1 percent manual tally of the vote by
mail ballots, the elections official shall, for each race not
included in the initial 1 percent manual tally of vote by mail
ballots, count one additional batch of vote by mail ballots. The
manual tally shall apply only to the race not previously counted.
 
   (II) Additional batches for the manual tally may be selected at
the discretion of the elections official. 
   (b) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to 
paragraph (1) or (2) of  subdivision (a) or conduct a public
manual tally of those ballots cast on no fewer than 1 percent of all
the direct recording electronic voting machines used in that election
chosen at random by the elections official.
   (c) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts  , batches of vote by mail ballots,  or direct
recording electronic voting machines subject to the public manual
tally.
   (d) The manual tally shall be a public process, with the official
conducting the election providing at least a five-day public notice
of the time and place of the manual tally and of the time and place
of the selection of the precincts  to be tallied 
 , batches, or direct recording electronic voting machines
subject to the public manual tally  prior to conducting the 
selection and  tally  and selection  .
   (e) The official conducting the election shall include a report on
the results of the 1 percent manual tally in the certification of
the official canvass of the vote. This report shall identify any
discrepancies between the machine count and the manual tally and a
description of how each of these discrepancies was resolved. In
resolving any discrepancy involving a vote recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter verified paper audit trail shall govern
if there is a discrepancy between it and the electronic record.