Amended in Senate August 18, 2014

Amended in Senate May 23, 2014

Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2562


Introduced by Assembly Member Fong

February 21, 2014


An act to amend Section 5091 of the Education Code, to amend Sections 100, 105, 2102, 2107, 9020, 9285,begin delete 11302,end delete 14300, 17301, 17302, and 19202 of, and to repeal Section 10552 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2562, as amended, Fong. Elections.

(1) Existing law provides that whenever a vacancy occurs or a resignation containing a deferred effective date has been filed with the county superintendent of schools, the school district or community college district governing board is required, within 60 days, to either order an election or make a provisional appointment. Existing law provides that if a provisional appointment is made, the registered voters of the district may, within 30 days, petition for a special election to fill the vacancy, and requires a specified number of registered voters of the district to sign the petition.

This bill would clarify the meaning of “registered voters” of the district for purposes of those provisions.

(2) Under existing law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed registration to be deemed effective upon receipt of the affidavit of registration by the county elections official if the affidavit is postmarked, submitted to the Department of Motor Vehicles or a voter registration agency, or delivered to the county elections official by other means on or before the 15th day prior to the election.

This bill would also require the registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted electronically on the Internet Web site of the Secretary of State on or before the 15th day prior to the election.

(3) Existing law entitles only an eligible registered voter to sign an initiative, referendum, recall, nominating petition or paper, or any other petition or paper and requires each signer to personally affix his or her signature, printed name, and place of residence on the petition or paper. Existing law requires the elections official, when verifying signatures on a petition or paper, to determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration. If the addresses are different, the petition or paper does not specify the residence address, or certain information is not included, existing law requires that the affected signature not be counted as valid.

This bill would prohibit an elections official who is verifying signatures on a petition or paper from invalidating a signature for an incomplete or inaccurate apartment or unit number in the residence address.

(4) Existing law requires the county elections official to file with the Secretary of State a statement containing specified information for each election in the county held pursuant to the Uniform District Election Law. Existing law requires the county elections official to file the statement no later than December 31 immediately following a general district election.

This bill would repeal these provisions.

begin delete

(5) Existing provisions of the California Constitution and statute authorize the recall of state and local officers. Under existing law, if a vacancy occurs in office after a recall petition is filed against the vacating officer, the recall election is required to proceed. The vacancy in that office is required to be filled as provided by law, but a person appointed to fill the vacancy holds office only until a successor is selected and qualifies for that office.

end delete
begin delete

This bill would delete and correct erroneous cross-references in this provision of law.

end delete
begin delete

(6)

end delete

begin insert(5)end insert 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.

begin insert

This bill would incorporate additional changes to Section 2102 of the Elections Code proposed by SB 113 that would become operative only if SB 113 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 5091 of the Education Code is amended
2to read:

3

5091.  

(a) (1) If a vacancy occurs, or if a resignation has been
4filed with the county superintendent of schools containing a
5deferred effective date, the school district or community college
6district governing board shall, within 60 days of the vacancy or
7the filing of the deferred resignation, either order an election or
8make a provisional appointment to fill the vacancy. A governing
9board member may not defer the effective date of his or her
10resignation for more than 60 days after he or she files the
11resignation with the county superintendent of schools.

12(2) In the event that a governing board fails to make a
13provisional appointment or order an election within the prescribed
1460-day period as required by this section, the county superintendent
15of schools shall order an election to fill the vacancy.

16(b) When an election is ordered, it shall be held on the next
17established election date provided pursuant to Chapter 1
18(commencing with Section 1000) of Division 1 of the Elections
19Code not less than 130 days after the order of the election.

20(c) (1) If a provisional appointment is made within the 60-day
21period, the registered voters of the district may, within 30 days
22from the date of the appointment, petition for the conduct of a
23special election to fill the vacancy. A petition shall be deemed to
24bear a sufficient number of signatures if signed by at least the
25number of registered voters of the district equal to 112 percent of
P4    1the number of registered voters of the district at the time of the
2last regular election for governing board members, or 25 registered
3 voters, whichever is greater. However, in districts with less than
42,000 registered voters, a petition shall be deemed to bear a
5sufficient number of signatures if signed by at least 5 percent of
6the number of registered voters of the district at the time of the
7last regular election for governing board members.

8(2) The petition shall be submitted to the county superintendent
9of schools having jurisdiction who shall have 30 days to verify the
10signatures. If the petition is determined to be legally sufficient by
11the county superintendent of schools, the provisional appointment
12is terminated, and the county superintendent of schools shall order
13a special election to be conducted no later than the 130th day after
14the determination. However, if an established election date, as
15defined in Section 1000 of the Elections Code, occurs between the
16130th day and the 150th day following the order of the election,
17the county superintendent of schools may order the special election
18to be conducted on the established election date.

19(3) For purposes of this section, “registered voters” means the
20following:

21(A) If the district uses the at-large method of election, as defined
22in subdivision (a) of Section 14026 of the Elections Code,
23registered voters of the entire school district or community college
24district.

25(B) If the district uses district-based elections, as defined in
26subdivision (b) of Section 14026 of the Elections Code, registered
27voters of the election district.

28(d) A provisional appointment made pursuant to subdivision
29(a) confers all powers and duties of a governing board member
30upon the appointee immediately following his or her appointment.

31(e) A person appointed to fill a vacancy shall hold office only
32until the next regularly scheduled election for district governing
33board members that is scheduled 130 or more days after the
34effective date of the vacancy, whereupon an election shall be held
35to fill the vacancy for the remainder of the unexpired term. A
36person elected at an election to fill the vacancy shall hold office
37for the remainder of the term in which the vacancy occurs or will
38occur.

39(f) (1) If a petition calling for a special election is circulated,
40the petition shall meet all of the following requirements:

P5    1(A) The petition shall contain the estimate of the elections
2official of the cost of conducting the special election.

3(B) The name and residence address of at least one, but not
4more than five, of the proponents of the petition shall appear on
5the petition, each of which proponents shall be a registered voter
6of the school district or community college district, as applicable.

7(C) None of the text or other language of the petition shall
8appear in less than six-point type.

9(D) The petition shall be prepared and circulated in conformity
10with Sections 100 and 104 of the Elections Code.

11(2) If any of the requirements of this subdivision are not met as
12to any petition calling for a special election, the county
13superintendent of schools shall not verify the signatures, nor shall
14any further action be taken with respect to the petition.

15(3) No person shall permit the list of names on petitions
16prescribed by this section to be used for any purpose other than
17qualification of the petition for the purpose of holding an election
18pursuant to this section.

19(4) The petition filed with the county superintendent of schools
20shall be subject to the restrictions in Section 6253.5 of the
21Government Code.

22(g) Elections held pursuant to subdivisions (b) and (c) shall be
23conducted in as nearly the same manner as practicable as other
24governing board member elections.

25

SEC. 2.  

Section 100 of the Elections Code, as enacted by
26Section 2 of Chapter 920 of the Statutes of 1994, is amended to
27read:

28

100.  

(a) Notwithstanding any other provision of law, whenever
29an initiative, referendum, recall, nominating petition or paper, or
30any other petition or paper, is required to be signed by voters of a
31county, city, school district, or special district subject to petitioning,
32only a person who is an eligible registered voter at the time of
33signing the petition or paper is entitled to sign it.

34(b) A signer shall at the time of signing the petition or paper
35personally affix his or her signature, printed name, and place of
36residence, including the street and number of the place of residence,
37and if no street or number for the place of residence exists, then a
38designation of the place of residence that will enable the location
39to be readily ascertained. An incomplete or inaccurate apartment
40or unit number in the signer’s residence address shall not invalidate
P6    1his or her signature pursuant to Section 105. A space at least one
2inch wide shall be left blank after each name for the use of the
3elections official in verifying the petition or paper.

4(c) The part of a petition for the signatures, printed names, and
5residence addresses of the voters and for the blank spaces for
6verification purposes shall be numbered consecutively commencing
7with the number one and continuing through the number of
8signature spaces allotted to each section. The petition format shall
9be substantially in the following form:


10

 

 

Official
Use
Only

P7    419

 

 

(Print Name)

1.   

(Signature)

(Residence Address
ONLY)

   

(City)

 

(Print Name)

2.   

(Signature)

(Residence Address
ONLY)

   

(City)

 

 

20

SEC. 3.  

Section 100 of the Elections Code, as amended by
21Section 1 of Chapter 364 of the Statutes of 2009, is amended to
22read:

23

100.  

(a) Notwithstanding any other provision of law, whenever
24an initiative, referendum, recall, nominating petition or paper, or
25any other petition or paper, is required to be signed by voters of a
26county, city, school district, or special district subject to petitioning,
27only a person who is an eligible registered voter at the time of
28signing the petition or paper is entitled to sign the petition or paper.
29A person who submits his or her affidavit of registration pursuant
30to subdivision (d) of Section 2102 is not eligible to sign a petition
31or paper unless at the time of the signing of the petition or paper
32he or she is 18 years of age.

33(b) A signer shall at the time of signing the petition or paper
34personally affix his or her signature, printed name, and place of
35 residence, including the street and number of the place of residence,
36and if no street or number for the place of residence exists, then a
37designation of the place of residence that will enable the location
38to be readily ascertained. An incomplete or inaccurate apartment
39or unit number in the signer’s residence address shall not invalidate
P8    1his or her signature pursuant to Section 105. A space at least one
2inch wide shall be left blank after each name for the use of the
3elections official in verifying the petition or paper.

4(c) The part of a petition for the signatures, printed names, and
5residence addresses of the voters and for the blank spaces for
6verification purposes shall be numbered consecutively commencing
7with the number one and continuing through the number of
8signature spaces allotted to each section. The petition format shall
9be substantially in the following form:


10

 

 

Official

Use

Only

P8   1427

 

 


(Print Name)

1.   

 (Signature)


(Residence Address
ONLY)

   

(City)

 


(Print Name)

2.   

 (Signature)

 


(Residence Address
ONLY)

   

(City)

 

 

 

28

SEC. 4.  

Section 105 of the Elections Code is amended to read:

29

105.  

(a) (1) For purposes of verifying a signature on an
30initiative, referendum, recall, nomination, or other election petition
31or paper, the elections official shall determine that the residence
32address on the petition or paper is the same as the residence address
33on the affidavit of registration. If the addresses are different, or if
34the petition or paper does not specify the residence address, or, in
35the case of an initiative or referendum petition, the information
36specified in Section 9020 is not contained in the petition, the
37affected signature shall not be counted as valid.

P9    1(2) Notwithstanding paragraph (1), the elections official shall
2not invalidate a signature for an incomplete or inaccurate apartment
3or unit number in the signer’s residence address.

4(b) A signature invalidated pursuant to this section shall not
5affect the validity of another valid signature on the particular
6petition or paper.

7

SEC. 5.  

Section 2102 of the Elections Code, as amended by
8Section 2 of Chapter 899 of the Statutes of 2000, is amended to
9read:

10

2102.  

(a) A person may not be registered as a voter except by
11affidavit of registration. The affidavit shall be mailed or delivered
12to the county elections official and shall set forth all of the facts
13required to be shown by this chapter. A properly executed
14registration shall be deemed effective upon receipt of the affidavit
15by the county elections official if received on or before the 15th
16day prior to an election to be held in the registrant’s precinct. A
17properly executed registration shall also be deemed effective upon
18receipt of the affidavit by the county elections official if any of
19the following apply:

20(1) The affidavit is postmarked on or before the 15th day prior
21to the election and received by mail by the county elections official.

22(2) The affidavit is submitted to the Department of Motor
23Vehicles or accepted by any other public agency designated as a
24voter registration agency pursuant to the federal National Voter
25Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or
26before the 15th day prior to the election.

27(3) The affidavit is delivered to the county elections official by
28means other than those described in paragraphs (1) and (2) on or
29before the 15th day prior to the election.

30(4) The affidavit is submitted electronically on the Internet Web
31site of the Secretary of State pursuant to Section 2196 on or before
32the 15th day prior to the election.

33(b) For purposes of verifying a signature on a recall, initiative,
34or referendum petition or a signature on a nomination paper or any
35other election petition or election paper, a properly executed
36affidavit of registration shall be deemed effective for verification
37purposes if both of the following conditions are satisfied:

38(1) The affidavit is signed on the same date or a date prior to
39the signing of the petition or paper.

P10   1 (2) The affidavit is received by the county elections official on
2or before the date on which the petition or paper is filed.

3(c) Notwithstanding any other law to the contrary, the affidavit
4of registration required under this chapter shall not be taken under
5sworn oath, but the content of the affidavit shall be certified as to
6its truthfulness and correctness, under penalty of perjury, by the
7signature of the affiant.

8

SEC. 6.  

Section 2102 of the Elections Code, as amended by
9Section 2 of Chapter 364 of the Statutes of 2009, is amended to
10read:

11

2102.  

(a) A person may not be registered as a voter except by
12affidavit of registration. The affidavit shall be mailed or delivered
13to the county elections official and shall set forth all of the facts
14required to be shown by this chapter. A properly executed
15registration shall be deemed effective upon receipt of the affidavit
16by the county elections official if received on or before the 15th
17day prior to an election to be held in the registrant’s precinct. A
18properly executed registration shall also be deemed effective upon
19receipt of the affidavit by the county elections official if any of
20the following apply:

21(1) The affidavit is postmarked on or before the 15th day prior
22to the election and received by mail by the county elections official.

23(2) The affidavit is submitted to the Department of Motor
24Vehicles or accepted by any other public agency designated as a
25voter registration agency pursuant to the federal National Voter
26Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or
27before the 15th day prior to the election.

28(3) The affidavit is delivered to the county elections official by
29means other than those described in paragraphs (1) and (2) on or
30before the 15th day prior to the election.

31(4) The affidavit is submitted electronically on the Internet Web
32site of the Secretary of State pursuant to Section 2196 on or before
33the 15th day prior to the election.

34(b) For purposes of verifying a signature on a recall, initiative,
35or referendum petition or a signature on a nomination paper or any
36other election petition or election paper, a properly executed
37affidavit of registration shall be deemed effective for verification
38purposes if both of the following conditions are satisfied:

39(1) The affidavit is signed on the same date or a date prior to
40the signing of the petition or paper.

P11   1(2) The affidavit is received by the county elections official on
2or before the date on which the petition or paper is filed.

3(c) Notwithstanding any other law to the contrary, the affidavit
4of registration required under this chapter shall not be taken under
5sworn oath, but the content of the affidavit shall be certified as to
6its truthfulness and correctness, under penalty of perjury, by the
7signature of the affiant.

8(d) A person who is at least 17 years of age and otherwise meets
9all eligibility requirements to vote may submit his or her affidavit
10of registration as prescribed by this section. A properly executed
11registration made pursuant to this subdivision shall be deemed
12effective as of the date the affiant will be 18 years of age, if the
13information in the affidavit of registration is still current at that
14time. If the information provided by the affiant in the affidavit of
15registration is not current at the time that the registration would
16otherwise become effective, for his or her registration to become
17effective, the affiant shall provide the current information to the
18proper county elections official as prescribed by this chapter.

19begin insert

begin insertSEC. 6.5.end insert  

end insert

begin insertSection 2102 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
20Section 2 of Chapter 364 of the Statutes of 2009, is amended to
21read:end insert

22

2102.  

(a) A personbegin delete mayend deletebegin insert shallend insert not be registered as a voter except
23by affidavit of registration. The affidavit shall be mailed or
24delivered to the county elections official and shall set forth all of
25the facts required to be shown by this chapter. A properly executed
26registration shall be deemed effective upon receipt of the affidavit
27by the county elections official if received on or before the 15th
28day prior to an election to be held in the registrant’s precinct. A
29properly executed registration shall also be deemed effective upon
30receipt of the affidavit by the county elections official if any of
31the following apply:

32(1) The affidavit is postmarked on or before the 15th day prior
33to the election and received by mail by the county elections official.

34(2) The affidavit is submitted to the Department of Motor
35Vehicles or accepted by any other public agency designated as a
36voter registration agency pursuant to the begin insertfederal end insertNational Voter
37Registration Act of 1993 (42 U.S.C. Sec.begin delete 1973gg)end deletebegin insert 1973gg et seq.)end insert
38 on or before the 15th day prior to the election.

P12   1(3) The affidavit is delivered to the county elections official by
2means other than those described inbegin delete paragraphsend deletebegin insert paragraphend insert (1)begin delete orend delete
3begin insert andend insert (2) on or before the 15th day prior to the election.

begin insert

4(4) The affidavit is submitted electronically on the Internet Web
5site of the Secretary of State pursuant to Section 2196 on or before
6the 15th day prior to the election.

end insert

7(b) For purposes of verifyingbegin delete signaturesend deletebegin insert a signatureend insert on a recall,
8initiative, or referendum petition orbegin delete signaturesend deletebegin insert a signatureend insert on a
9nomination paper or any other election petition or election paper,
10a properly executed affidavit of registration shall be deemed
11effective for verification purposes if both of the following
12conditions are satisfied:

13(1) The affidavit is signed on the same date or a date prior to
14the signing of the petition or paper.

15(2) The affidavit is received by the county elections official on
16or before the date on which the petition or paper is filed.

17(c) Notwithstanding any otherbegin delete provision ofend delete law to the contrary,
18the affidavit of registration required under this chapterbegin delete mayend deletebegin insert shallend insert
19 not be taken under sworn oath, but the content of the affidavit shall
20be certified as to its truthfulness and correctness, under penalty of
21perjury, by the signature of the affiant.

22(d) A person who is at leastbegin delete 17end deletebegin insert 16end insert years of age and otherwise
23meets all eligibility requirements to vote may submit his or her
24affidavit of registration as prescribed by this section. A properly
25executed registration made pursuant to this subdivision shall be
26deemed effective as of the date the affiant will be 18 years of age,
27if the information in the affidavit of registration is still current at
28that time. If the information provided by the affiant in the affidavit
29of registration is not current at the time that the registration would
30otherwise become effective, for his or her registration to become
31effective, the affiant shall provide the current information to the
32proper county elections official as prescribed by this chapter.

33

SEC. 7.  

Section 2107 of the Elections Code, as amended by
34Section 3 of Chapter 899 of the Statutes of 2000, is amended to
35read:

36

2107.  

(a) Except as provided in subdivision (b), the county
37elections official shall accept affidavits of registration at all times
38except during the 14 days immediately preceding an election, when
39registration shall cease for that election as to electors residing in
40the territory within which the election is held. Transfers of
P13   1registration for an election may be made from one precinct to
2another precinct in the same county at any time registration is in
3progress in the precinct to which the elector seeks to transfer.

4(b) The county elections official shall accept an affidavit of
5registration executed as part of a voter registration card in the
6forthcoming election if the affidavit is executed on or before the
715th day prior to the election, and if any of the following apply:

8(1) The affidavit is postmarked on or before the 15th day prior
9to the election and received by mail by the county elections official.

10(2) The affidavit is submitted to the Department of Motor
11Vehicles or accepted by any other public agency designated as a
12voter registration agency pursuant to the federal National Voter
13Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or
14before the 15th day prior to the election.

15(3) The affidavit is delivered to the county elections official by
16means other than those described in paragraphs (1) and (2) on or
17before the 15th day prior to the election.

18(4) The affidavit is submitted electronically on the Internet Web
19site of the Secretary of State pursuant to Section 2196 on or before
20the 15th day prior to the election.

21

SEC. 8.  

Section 2107 of the Elections Code, as amended by
22Section 1 of Chapter 497 of the Statutes of 2012, is amended to
23read:

24

2107.  

(a) Except as provided in subdivision (b) and Article
254.5 (commencing with Section 2170), the county elections official
26shall accept affidavits of registration at all times except during the
2714 days immediately preceding an election, when registration shall
28cease for that election as to electors residing in the territory within
29which the election is held. Transfers of registration for an election
30may be made from one precinct to another precinct in the same
31county at any time registration is in progress in the precinct to
32which the elector seeks to transfer.

33(b) The county elections official shall accept an affidavit of
34registration executed as part of a voter registration card in the
35forthcoming election if the affidavit is executed on or before the
3615th day prior to the election, and if any of the following apply:

37(1) A mailed affidavit is postmarked on or before the 15th day
38prior to the election and received by mail by the county elections
39official before the close of the polls on election day.

P14   1(2) The affidavit is submitted to the Department of Motor
2Vehicles or accepted by any other public agency designated as a
3voter registration agency pursuant to the federal National Voter
4Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or
5before the 15th day prior to the election.

6(3) The affidavit is delivered to the county elections official by
7means other than those described in paragraphs (1) and (2) on or
8before the 15th day prior to the election.

9(4) The affidavit is submitted electronically on the Internet Web
10site of the Secretary of State pursuant to Section 2196 on or before
11the 15th day prior to the election.

12

SEC. 9.  

Section 9020 of the Elections Code is amended to read:

13

9020.  

(a) The petition sections shall be designed so that each
14signer shall personally affix all of the following:

15(1) His or her signature.

16(2) His or her printed name.

17(3) His or her residence address, giving street and number, or
18if no street or number exists, adequate designation of residence so
19that the location may be readily ascertained. An incomplete or
20inaccurate apartment or unit number in his or her residence address
21shall not invalidate his or her signature pursuant to Section 105.

22(4) The name of his or her incorporated city or unincorporated
23community.

24(b) Only a person who is a qualified registered voter at the time
25of signing the petition is entitled to sign it.

26(c) The number of signatures attached to each section shall be
27at the pleasure of the person soliciting the signatures.

28

SEC. 10.  

Section 9285 of the Elections Code is amended to
29read:

30

9285.  

(a) (1) When an argument in favor and an argument
31against a measure have been selected to be printed in the ballot
32pamphlet, the elections official shall send a copy of the argument
33in favor of the measure to the authors of the argument against the
34measure and a copy of an argument against the measure to the
35authors of the argument in favor of the measure.

36(2) The author or a majority of the authors of an argument
37relating to a city measure may prepare and submit a rebuttal
38argument or may authorize in writing any other person or persons
39to prepare, submit, or sign the rebuttal argument.

40(3) No rebuttal argument may exceed 250 words.

P15   1(4) A rebuttal argument relating to a city measure shall be filed
2with the elections official no later than 10 days after the final filing
3date for primary arguments.

4(5) A rebuttal argument relating to a city measure may not be
5signed by more than five persons and shall be printed in the same
6manner as a direct argument and shall immediately follow the
7direct argument which it seeks to rebut.

8(b) Subdivision (a) applies only if, not later than the day on
9which the legislative body calls an election, the legislative body
10adopts its provisions by majority vote, in which case subdivision
11(a) applies at the next ensuing municipal election and at each
12municipal election thereafter, unless later repealed by the legislative
13body in accordance with the procedures of this subdivision.

14

SEC. 11.  

Section 10552 of the Elections Code is repealed.

begin delete15

SEC. 12.  

Section 11302 of the Elections Code is amended to
16read:

17

11302.  

If a vacancy occurs in an office after a recall petition
18is filed against the vacating officer, the recall election shall
19nevertheless proceed. The vacancy shall be filled as provided by
20law, but any person appointed to fill the vacancy shall hold office
21only until a successor is selected in accordance with Article 4
22(commencing with Section 11381), and the successor qualifies for
23that office.

end delete
24

begin deleteSEC. 13.end delete
25begin insertSEC. 12.end insert  

Section 14300 of the Elections Code is amended to
26read:

27

14300.  

(a) In the case of an election for a state or federal office,
28each polling place using a direct recording electronic voting system,
29as defined by Section 19271, the elections official shall provide
30paper ballots equivalent to the following percentages:

31(1) For a statewide general election, no less than 10 percent of
32the registered voters in the polling place.

33(2) For a statewide direct primary election, for each partisan
34ballot form for which at least 10 percent of the registered voters
35in the polling place are eligible to request, no less than 5 percent
36of the registered voters in the precinct eligible to request that ballot
37form at the polling place. For nonpartisan voters, the total number
38of paper ballots among all ballot forms that they are eligible to
39request shall be no less than 5 percent of registered nonpartisan
40voters at the polling place.

P16   1(3) For any other state or federal election contest, no less than
25 percent of registered voters at the polling place.

3(4) For purposes of this section, the number of registered voters
4shall be based on the registration on the 88th day prior to the day
5of the election.

6(b) The elections official shall establish procedures for the use
7of the paper ballots described in this section in the event the direct
8recording electronic voting system becomes nonfunctional.

9(c) Upon request, the precinct board shall provide a paper ballot
10to a voter, regardless of the availability of the direct recording
11electronic voting system, as long as supplies remain available.

12(d) The paper ballots described in this section may consist of
13provisional ballots.

14(e) Any vote cast on a provisional ballot subject to this section
15by an otherwise qualified voter shall be counted as a regular ballot
16and shall not be subject to the requirements of Section 14310.

17

begin deleteSEC. 14.end delete
18begin insertSEC. 13.end insert  

Section 17301 of the Elections Code is amended to
19read:

20

17301.  

(a) The following provisions shall apply to those
21elections where candidates for one or more of the following offices
22are voted upon: President, Vice President, United States Senator,
23and United States Representative.

24(b) The packages containing the following ballots and
25identification envelope shall be kept by the elections official,
26unopened and unaltered, for 22 months from the date of the
27election:

28(1) Voted polling place ballots.

29(2) Paper record copies, as defined by Section 19271, if any, of
30voted polling place ballots.

31(3) Voted vote by mail voter ballots.

32(4) Vote by mail voter identification envelopes.

33(5) Voted provisional voter ballots.

34(6) Provisional ballot voter identification envelopes.

35(7) Spoiled ballots.

36(8) Canceled ballots.

37(9) Unused vote by mail ballots surrendered by the voter
38pursuant to Section 3015.

39(10) Ballot receipts.

P17   1(c) If a contest is not commenced within the 22-month period,
2or if a criminal prosecution involving fraudulent use, marking or
3falsification of ballots, or forgery of vote by mail voters’ signatures
4is not commenced within the 22-month period, either of which
5may involve the vote of the precinct from which voted ballots were
6received, the elections official shall have the ballots destroyed or
7recycled. The packages shall otherwise remain unopened until the
8ballots are destroyed or recycled.

9

begin deleteSEC. 15.end delete
10begin insertSEC. 14.end insert  

Section 17302 of the Elections Code is amended to
11read:

12

17302.  

(a) The following provisions shall apply to all state or
13local elections not provided for in subdivision (a) of Section 17301.
14An election is not deemed a state or local election if votes for
15candidates for federal office may be cast on the same ballot as
16votes for candidates for state or local office.

17(b) The packages containing the following ballots and
18identification envelopes shall be kept by the elections official,
19unopened and unaltered, for six months from the date of the
20election:

21(1) Voted polling place ballots.

22(2) Paper record copies, as defined by Section 19271, if any, of
23voted polling place ballots.

24(3) Voted vote by mail voter ballots.

25(4) Vote by mail voter identification envelopes.

26(5) Voted provisional voter ballots.

27(6) Provisional ballot voter identification envelopes.

28(7) Spoiled ballots.

29(8) Canceled ballots.

30(9) Unused vote by mail ballots surrendered by the voter
31pursuant to Section 3015.

32(10) Ballot receipts.

33(c) If a contest is not commenced within the six-month period,
34or if a criminal prosecution involving fraudulent use, marking or
35falsification of ballots, or forgery of vote by mail voters’ signatures
36is not commenced within the six-month period, either of which
37may involve the vote of the precinct from which voted ballots were
38received, the elections official shall have the packages destroyed
39or recycled. The packages shall otherwise remain unopened until
40the ballots are destroyed or recycled.

P18   1

begin deleteSEC. 16.end delete
2begin insertSEC. 15.end insert  

Section 19202 of the Elections Code is amended to
3read:

4

19202.  

(a) Except as authorized by Section 19209, a voting
5system, in whole or in part, shall not be used unless it has been
6certified or conditionally approved by the Secretary of State prior
7to any election at which it is to be used.

8(b) A voting system that has been tested and approved for use
9in all elections by the Secretary of State before January 1, 2014,
10shall be deemed certified or conditionally approved by the
11Secretary of State and may be used in an election subject to any
12conditions placed on the use of the voting system by the Secretary
13of State before January 1, 2014, including conditions imposed in
14the reapproval documents issued by the Secretary of State in 2007
15and 2008 following the Top-to-Bottom Review, and its subsequent
16revisions. The voting systems described in this subdivision shall
17remain subject to review and decertification by the Secretary of
18State at any time pursuant to Section 19232.

19(c) A vendor or county that has submitted a voting system for
20federal qualification before September 1, 2013, upon obtaining
21federal qualification before January 1, 2015, may request approval
22of the voting system from the Secretary of State based on the
23examination and review requirements in place before January 1,
242014.

25(d) A jurisdiction shall not purchase or contract for a voting
26system unless it has been certified or conditionally approved by
27the Secretary of State.

28(e) Notwithstanding subdivision (d), a local jurisdiction may
29contract and pay for the following:

30(1) Research and development of a new voting system that has
31not been certified or conditionally approved by the Secretary of
32State and uses only nonproprietary software and firmware with
33disclosed source code, except for unmodified commercial
34off-the-shelf software and firmware, as defined in paragraph (1)
35of subdivision (a) of Section 19209.

36(2) Manufacture of the minimum number of voting system units
37reasonably necessary for either of the following purposes:

38(A) To test and seek certification or conditional approval of the
39voting system pursuant to Sections 19210 to 19214, inclusive.

P19   1(B) To test and demonstrate the capabilities of the voting system
2in a pilot program pursuant to paragraph (2) of subdivision (b) of,
3and subdivision (c) of, Section 19209.

4begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

Section 6.5 of this bill incorporates amendments to
5Section 2102 of the Elections Code proposed by both this bill and
6SB 113. It shall only become operative if (1) both bills are enacted
7and become effective on or before January 1, 2015, (2) each bill
8amends Section 2102 of the Elections Code, and (3) this bill is
9enacted after SB 113, in which case Section 6 of this bill shall not
10become operative.

end insert


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