BILL NUMBER: AB 2631 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 21, 2014
An act to amend Sections 361, 3018, 19370, 19371, to amend the
heading of Article 5 (commencing Section 13282) of Chapter 3 of
Division 13, to amend and renumber Sections 19382 and 19385, and to
repeal Sections 13283, 13284, 13285, 13286, 13287, 13288, 13289,
19380, 19381, 19383, 19384, 19386 of the Elections Code, with
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2631, as introduced, Dababneh. Elections: voting machines.
Existing law provides for the conduct of statewide and local
elections and sets forth provisions governing, among other things,
election procedures, the declaration of results, and election
contests. Existing law defines for these purposes the term "voting
machine" to mean any device upon which a voter may register his or
her vote, and which, by means of counters, embossing, or printouts,
furnishes a total of the number of votes cast for each candidate or
measure.
This bill would modify and update the definition of "voting
machine" to mean any electronic device into which a voter may enter
his or her votes, and which, by means of electronic tabulation and
generation of specified printouts and records, furnishes a total of
the number of votes cast for each candidate or measure. The bill
would make conforming changes and repeal obsolete provisions of
existing law.
Existing law requires the precinct board, as soon as the polls are
closed, to comply with specified requirements relating to the
closing of the polls, including, but not limited to, the locking of
voting machines and the reading and posting of the statement of
return of votes cast for the precinct. Existing law also sets forth
the procedures by which the proclamation of the result of the votes
cast must be distinctly announced.
This bill would modify and repeal certain precinct board
requirements and procedures relating to the reading, posting, and
inspection of the statement of return of votes cast for the precinct.
By imposing new duties on local officials, the bill would create a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 361 of the Elections Code is amended to read:
361. "Voting machine" means any electronic device
upon , including, but not limited to, a
precinct optical scanner and a direct recording voting system,
which a voter may register enter his or
her vote votes , and which, by means
of counters, embossing, or printouts,
electronic tabulation and generation of printouts or other tangible,
human-readable permanent records, furnishes a total of the
number of votes cast for each candidate or
and for or against each measure.
SEC. 2. Section 3018 of the Elections Code is amended to read:
3018. (a) Any voter using a vote by mail ballot may, prior to the
close of the polls on election day, vote the ballot at the office of
the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting
booth, at the discretion of the elections official, but in no case
may his or her vote be observed. Where voting machines are used the
elections official may provide one voting machine for each ballot
type used within the jurisdiction . Elections officials may
provide electronic voting devices for this purpose provided
that sufficient devices voting machines
are provided to include all ballot types in the election.
(b) For purposes of this section, the office of an elections
official may include satellite locations. Notice of the satellite
locations shall be made by the elections official by the issuance of
a general news release, issued not later than 14 days prior to voting
at the satellite location, except that in a county with a declared
emergency or disaster, notice shall be made not later than 48 hours
prior to voting at the satellite location. The news release shall set
forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will
be open.
(3) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic
voting devices voting machines , the vote by
mail ballot may be cast on an electronic voting device
a voting machine .
SEC. 3. The heading of Article 5 (commencing with Section 13282)
of Chapter 3 of Division 13 of the Elections Code is amended to read:
Article 5. Voting Machines Ballot
Labels
SEC. 4. Section 13283 of the Elections Code is repealed.
13283. The ballot label shall be printed by the elections
official in black ink on clear material of a size that will fit the
machine, of a color that may be determined by the elections official,
and in as plain, clear type as the space will reasonably permit.
SEC. 5. Section 13284 of the Elections Code is repealed.
13284. The list of offices and candidates and the statements of
measures used on the voting machines is an official ballot.
SEC. 6. Section 13285 of the Elections Code is repealed.
13285. The county elections official shall furnish sufficient
ballot labels for the voting machines used at any election.
SEC. 7. Section 13286 of the Elections Code is repealed.
13286. The officers or board charged with the duty of providing
ballots for any polling place shall provide the polling place with
two sample ballots, which shall be arranged in the form of a diagram
showing that part of the face of the voting machine that will be in
use at that election.
SEC. 8. Section 13287 of the Elections Code is repealed.
13287. The sample ballots shall be either in full or reduced
size, and shall contain suitable illustrated directions for voting on
the voting machine.
SEC. 9. Section 13288 of the Elections Code is repealed.
13288. The ballot labels shall be delivered to the officer in
charge of the voting machines at least 30 days before the election.
SEC. 10. Section 13289 of the Elections Code is repealed.
13289. At the presidential primary, if the voting machine will
accommodate it, the county central committee election ballot shall be
placed upon the voting machine together with the presidential
primary ballot.
SEC. 11. Section 19370 of the Elections Code is amended to read:
19370. (a) As soon as the polls are closed,
the precinct board, in the presence of the watchers and all others
lawfully present, shall immediately lock the voting machine against
voting and open the counting compartments, giving full view
of all counter numbers. A board member shall, in the order of the
offices as their titles are arranged on the machine
generate from each voting machine at least three copies of
a statement of return of votes cast , read and distinctly
announce the name or designating number and letter on each
counter for each candidate's name and the result as shown
by the counter numbers statement . He
or she shall also in the same manner announce the vote on each
measure.
If the machine is provided with a recording device, in lieu of
opening the counter compartment, the precinct board shall proceed to
operate the mechanism to produce the statement of return of votes
cast record in a minimum of three copies, remove the irregular
ballot, if any, record on the statement of return of votes cast
record. The irregular ballot shall be attached to the statement of
result record of votes cast for the machine and become a part
thereof.
(b) One copy of the statement of return of
votes cast for each voting machine shall be posted upon
the outside wall of the precinct for all to see. The copy of the
result shall be signed by the members of the precinct
board. To protect a person's right to cast a secret ballot
under Section 7 of Article II of the California Constitution, in
cases where fewer than 10 voters cast ballots on any single
voting machine on which the results are tallied at the
precinct, the precinct board shall read and post only the
total number of people who voted at on
that precinct on the voting machine
that keeps vote tallies . The statement of return
of votes cast for each voting machine for the precinct
shall constitute the precinct statement of result of votes cast.
SEC. 12. Section 19371 of the Elections Code is amended to read:
19371. Before adjourning, the precinct board shall seal
the operating lever each voting machine with the
seal or seals provided and lock the voting
machine so that the voting and counting mechanism may not be
operated .
It shall remain locked and sealed against operation until the time
for filing a contest of election has expired , which shall
not exceed a period of 30 days following the declaration of the
result of the election by the body canvassing the returns .
SEC. 13. Section 19380 of the Elections Code is repealed.
19380. During the reading of the result of votes cast, any
candidate or watcher who may desire to be present shall be admitted
to the polling place. The proclamation of the result of the votes
cast shall be distinctly announced by the precinct board who shall
read the name of each candidate, or the designating number and letter
of his or her counter, and the vote registered on the counter. The
board shall also read the vote cast for and against each measure
submitted. The board shall not count votes cast for write-in
candidates, but shall have these counted by the elections official.
During the proclamation ample opportunity shall be given to any
person lawfully present to compare the result so announced with the
counter dials of the machine, and any necessary corrections shall
then and there be made by the precinct board, after which the doors
of the voting machine shall be closed and locked.
To protect a person's right to cast a secret ballot under Section
7 of Article II of the California Constitution, in cases where fewer
than 10 votes are cast on any single machine on which the results are
tallied at the precinct, the precinct board shall read only the
total number of people who voted at the precinct on the machine that
keeps vote tallies.
If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.
SEC. 14. Section 19381 of the Elections Code is repealed.
19381. In each election district where voting machines are used,
statements of the results of the vote cast shall be printed to
conform with the type of voting machine used.
The designating number and letter on the counter for each
candidate shall be printed next to the candidate's name on the
statements of result of the vote cast. Two such statements shall be
used in each election district.
SEC. 15. Section 19382 of the Elections Code is amended and
renumbered to read:
19382. 19380 The statement of the
result of votes cast, which shall be certified by the precinct board,
shall contain:
(a) The total number of votes cast.
(b) The number of votes cast for each candidate and measure as
shown on the counter statement of return of
votes cast .
(c) The number of votes for persons not nominated.
(d) Printed directions to the precinct board for their guidance
before the polls are opened and when the polls are closed.
(e) A certificate which shall be signed by the election officers
before the polls are opened, showing:
(1) The delivery of the keys in a sealed envelope.
(2) The number on the seal.
(3) The number registered on the protective counter.
(4) Whether all of the counters are set at zero (000).
(5) Whether the public counter is set at zero (000).
(6) Whether the ballot labels are properly placed in the machine.
(f) A certificate that shall be filled out after the polls have
been closed, showing:
(1) That the voting machine has been locked against
voting and sealed.
(2) The number of voters as shown on the public counter.
(3) The number on the seal or seals .
(4) The number registered on the protective counter.
(5) That the voting machine is closed and locked.
SEC. 16. Section 19383 of the Elections Code is repealed.
19383. A member of the precinct board shall enter the vote, as
registered, on the statements of result of votes cast, in the same
order on the space that has the same name or designating number and
letter, after which another member shall verify the figures by
calling them off in the same manner from the counters of the machine.
The counter compartment of the voting machine shall remain open
until the official returns and all other reports have been fully
completed and verified by the precinct board.
If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.
SEC. 17. Section 19384 of the Elections Code is repealed.
19384. The precinct board shall, before it adjourns, post
conspicuously on the outside of the polling place a copy of the
result of the votes cast at the polling place. The copy of the result
shall be signed by the members of the precinct board. To protect a
person's right to cast a secret ballot under Section 7 of Article II
of the California Constitution, in cases where fewer than 10 voters
cast ballots on any single machine on which the results are tallied
at the precinct, the precinct board shall post only the total number
of people who voted at that precinct on the machine that keeps vote
tallies.
If the machine is provided with a recording device, the statement
of result of votes cast produced by operating its mechanism may be
considered the "result of the votes cast" at the polling place.
SEC. 18. Section 19385 of the Elections Code is amended and
renumbered to read:
19385. 19381 The precinct board
shall immediately transmit unsealed to the elections official a copy
of the result of the votes cast at the polling place, the copy shall
be signed by the members of the precinct board, and shall be open to
public inspection.
SEC. 19. Section 19386 of the Elections Code is repealed.
19386. Before proceeding to canvass the returns of an election at
which voting machines have been used to register the votes cast, the
board authorized to canvass returns shall open the counter
compartment and compare the records of votes cast for the several
candidates voted for and for and against the several measures voted
upon shown on each machine with those recorded on the statement of
results of votes cast prepared from that machine by the precinct
board. Any errors found on the statement shall be corrected by
crossing out the recorded incorrect number, and recording the correct
number nearby.
If the machine is provided with a recording device, the board
shall inspect the statement of return of votes cast record. However,
for good and sufficient cause the board shall unseal the machines and
take off and record the records of votes cast for the several
candidates and for and against the several measures voted upon. Each
voting machine shall immediately be resealed.
SEC. 20. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.