BILL NUMBER: AB 2562	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 21, 2014

   An act to amend Sections 14300, 17301, and 17302 of the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2562, as introduced, Fong. Elections: ballots.
   Existing law regulates generally the issuing of ballots on
election day as well as the use of direct recording electronic voting
systems. Existing law defines the terms "direct recording electronic
voting system" and "paper record copy" for purposes of these
provisions.
   This bill would correct erroneous cross references to the code
section that defines those terms.
   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 14300 of the Elections Code is amended to read:

   14300.  (a) In the case of an election for a state or federal
office, each polling place using a direct recording electronic voting
system, as defined by Section  19251   19271
 , the elections official shall provide paper ballots equivalent
to the following percentages:
   (1) For a statewide general election, no less than 10 percent of
the registered voters in the polling place.
   (2) For a statewide direct primary election, for each partisan
ballot form for which at least 10 percent of the registered voters in
the polling place are eligible to request, no less than 5 percent of
the registered voters in the precinct eligible to request that
ballot form at the polling place. For nonpartisan voters, the total
number of paper ballots among all ballot forms that they are eligible
to request shall be no less than 5 percent of registered nonpartisan
voters at the polling place.
   (3) For any other state or federal election contest, no less than
5 percent of registered voters at the polling place.
   (4) For purposes of this section, the number of registered voters
shall be based on the registration on the 88th day prior to the day
of the election.
   (b) The elections official shall establish procedures for the use
of the paper ballots described in this section in the event the
direct recording electronic voting system becomes nonfunctional.
   (c) Upon request, the precinct board shall provide a paper ballot
to a voter, regardless of the availability of the direct recording
electronic voting system, as long as supplies remain available.
   (d) The paper ballots described in this section may consist of
provisional ballots.
   (e) Any vote cast on a provisional ballot subject to this section
by an otherwise qualified voter shall be counted as a regular ballot
and shall not be subject to the requirements of Section 14310.
  SEC. 2.  Section 17301 of the Elections Code is amended to read:
   17301.  (a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator, and
United States Representative.
   (b) The packages containing the following ballots and
identification envelope shall be kept by the elections official,
unopened and unaltered, for 22 months from the date of the election:
   (1) Voted polling place ballots.
   (2) Paper record copies, as defined by Section  19251
  19271  , if any, of voted polling place ballots.
   (3) Voted vote by mail voter ballots.
   (4) Vote by mail voter identification envelopes.
   (5) Voted provisional voter ballots.
   (6) Provisional ballot voter identification envelopes.
   (7) Spoiled ballots.
   (8) Canceled ballots.
   (9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
   (10) Ballot receipts.
   (c) If a contest is not commenced within the 22-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the 22-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the ballots
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
  SEC. 3.  Section 17302 of the Elections Code is amended to read:
   17302.  (a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17301.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
   (b) The packages containing the following ballots and
identification envelopes shall be kept by the elections official,
unopened and unaltered, for six months from the date of the election:

   (1) Voted polling place ballots.
   (2) Paper record copies, as defined by Section  19251
  19271  , if any, of voted polling place ballots.
   (3) Voted vote by mail voter ballots.
   (4) Vote by mail voter identification envelopes.
   (5) Voted provisional voter ballots.
   (6) Provisional ballot voter identification envelopes.
   (7) Spoiled ballots.
   (8) Canceled ballots.
   (9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
   (10) Ballot receipts.
   (c) If a contest is not commenced within the six-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the six-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the packages
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.