BILL NUMBER: AB 1929	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 22, 2012

   An act to amend Section 362 of the Elections Code, relating to
elections, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1929, as introduced, Cook. Elections: casting ballots.
   Existing law provides for the conduct of elections generally.
Existing law prohibits the use of a voting system for an election
unless it has been approved as meeting specified criteria by the
Secretary of State prior to the election. Existing law defines a
voting system as any mechanical, electromechanical, or electronic
system and its software, or any combination of these used to cast or
tabulate votes, or both.
   This bill would provide that "casting a ballot," for purposes of
the definition of a voting system, does not include the physical or
electronic marking of a ballot, and is limited to the act of a voter
submitting his or her marked ballot for tabulation at a polling
place, through the mail, or, for special absentee voters, by
facsimile transmission.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 362 of the Elections Code is amended to read:
   362.  "Voting system" means any mechanical, electromechanical, or
electronic system and its software, or any combination of these used
 to cast or tabulate   for casting a ballot,
tabulating  votes, or both.    For purposes of
  this section, "casting a ballot" does not include the
physical or electronic marking of a ballot, and is limited to the
  act of a voter submitting his or her marked ballot for
tabulation at a polling place, through the mail, or, for special
absentee voters, by facsimile transmission. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to avoid delays, prior to the upcoming statewide general
election, that are caused by current voting systems that
disenfranchise United States military personnel serving overseas by
preventing ballots from being returned to elections officials in time
to be counted, it is necessary that this act take effect
immediately.