BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 813| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 813 Author: Melendez (R) Amended: 4/16/13 in Assembly Vote: 21 SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 4-0, 6/4/13 AYES: Anderson, Hancock, Yee, Torres NO VOTE RECORDED: Padilla SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote SUBJECT : Election results SOURCE : Author DIGEST : This bill requires the Secretary of State (SOS) and county elections officials to post on their respective Internet Web sites and to maintain on these Internet Web sites for at least 10 years, their certified statement of election results in a downloadable spreadsheet format, as specified, that is compatible with software widely in use at the time of posting. ANALYSIS : Existing law: 1. Requires the elections official who conducts an election to prepare a certified statement of the results of the election CONTINUED AB 813 Page 2 and submit it to the governing body within 28 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. 2. Requires the SOS to compile results and prepare, certify, and file a statement of the vote from the compiled results, as specified. 3. Requires an elections official to send the SOS, in an electronic format, the specified results. This bill: 1. Requires the SOS and county elections officials to post on their respective Internet Web sites and to maintain on these Internet Web sites for at least 10 years, their certified statement of election results in a downloadable spreadsheet format, as specified, that is compatible with software widely in use at the time of posting. 2. Provides that this requirement applies only to those counties with a computer system capable of compliance without undergoing any modification. Background Electronic Results . Existing law already requires elections officials to provide results in an electronic format for certain elections. Specifically, county elections officials are required to provide the SOS with results in an electronic format for elections for state and federal office, and for statewide ballot measures. State law provides for these results to be transmitted electronically to the SOS in the manner requested by the SOS, but does not explicitly state a specific format in which those results must appear. Most county elections officials already make election results available on their Internet Web sites -- 57 of 58 county elections officials have results posted on the Internet for the most recent election held in the county, and 52 of 58 county elections officials have results for at least some elections CONTINUED AB 813 Page 3 prior to the most recent election. In most cases, however, election results are available in HTML or PDF format, and not in a format that can easily be imported into a spreadsheet application. At least seven counties, however, currently provide election results on their Internet Web sites in a format that appears to comply with the requirements of this bill. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 6/24/13) California Association of Clerks and election Officials California Election Protection Network Voting Rights Task Force of Alameda County Wellstone Democratic Renewal Club ARGUMENTS IN SUPPORT : According to the author's office, current California election law requires only one paper copy of the results of an election to be posted where the votes were counted for public inspection. However, modern technology makes this law seem prehistoric and in need of updating. It also does not provide an adequate way for an individual to analyze election data to maintain that the election was done honestly. This bill requires counties' Registrar of Voters and the SOS to post the certified statement of election results online in a downloadable spreadsheet file such as comma-separated values (.csv) or tab-separated values (.tsv). This allows for greater election transparency by allowing an individual to easily access and analyze election results using modern modes of technology such as Microsoft Excel. ASSEMBLY FLOOR : 75-0, 5/9/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, CONTINUED AB 813 Page 4 Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy RM:k 6/24/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED