BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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             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  

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          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,  

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            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

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