BILL ANALYSIS Ó
AB 877
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ASSEMBLY THIRD READING
AB 877 (Bocanegra)
As Amended January 6, 2014
Majority vote
ELECTIONS 4-2
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|Ayes:|Bonta, Hall, Perea, | | |
| |Rodriguez | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fong, Donnelly | | |
| | | | |
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SUMMARY : Revises the definition of a "voter verified paper
audit trail (VVPAT)." Specifically, this bill defines a VVPAT
to mean a component of a direct recording electronic (DRE)
voting system that prints a "synchronous" paper record
"facsimile" of each electronic ballot, instead of a
"contemporaneous" paper record "copy" of each electronic ballot,
that allows each voter to confirm his or her selections before
the voter casts his or her ballot.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "A Direct Recording
Electronic (DRE) voting system is a type of system that permits
voters to enter their vote into a digital system by means of an
electronic interface such as a touch screen, mouse or scrolling
cursor. Generally speaking, an interface device in each voting
station is linked to a Computer system. The results compiled by
each set of voting stations are then transmitted to a central
computer system using a variety of computer architectures and
transmission modes?
"This bill updates existing statutory language to reflect
accepted terminology for DRE systems and the synchronous
replication of a voter's ballot through a paper facsimile that
acts as a 'receipt' for effective auditing and resolution of
discrepancies regarding a voter's intent."
Current law defines a "paper record copy" to mean an auditable
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document printed by a VVPAT component that corresponds to the
voter's electronic vote and lists the contests on the ballot and
the voter's selections for those contests. In addition,
existing law explicitly states that a paper record copy is not a
ballot. Legislative intent indicates that a paper record copy
was created for verification purposes only and not intended to
be perceived as a replica or receipt of the ballot, but merely a
copy of the voter's selections which cannot be physically
handled by the voter. In addition, existing law defines "VVPAT"
to mean a component of a DRE voting system that prints a
contemporaneous paper record copy of each electronic ballot and
allows each voter to confirm his or her selections before the
voter casts his or her ballot.
According to the author's office, replacing the term "copy" with
"facsimile" was to ensure consistency throughout the Elections
Code. However, while other parts of the Elections Code use the
term "facsimile," its meaning is interpreted differently. The
legislative intent behind the use of the term "facsimile" was to
encompass all items that could plausibly serve as a "receipt" of
a voter's selections. Using the term "facsimile" with respect
to DREs may cause confusion as the legislative intent behind the
term "copy" was to ensure a paper record copy of a voter's
ballot choices was created for verification purposes, not to
create an exact replica or reproduction of the ballot itself.
It is unclear whether revising the definition of "VVPAT" and
changing the term "paper record copy" will impact currently
approved DREs. Will currently approved DREs meet the new
standards in this bill? Will currently approved DREs need to be
recertified in order to meet the new standards in this bill? At
this point, it is unclear how the changes in this bill will
impact DREs currently approved for use in California elections.
Please see the policy committee analysis for a full discussion
on this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0002953
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