BILL NUMBER: AB 2631 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2014
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 21, 2014
An act to amend Sections 361, 3018, 19370, and 19371
of , to amend the heading of Article 5 (commencing Section
13282) of Chapter 3 of Division 13 of , to amend and
renumber Sections 19382 and 19385 of , and to repeal
Sections 13283, 13284, 13285, 13286, 13287, 13288, 13289, 19380,
19381, 19383, 19384, and 19386 of , the
Elections Code, with relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2631, as amended, 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.
Existing law requires that the Secretary of State certify or
conditionally approve a direct recording electronic voting system
only if the system includes an accessible voter verified paper audit
trail. Existing law defines for these purposes the term "direct
recording electronic voting system" as a voting system that records a
vote electronically and does not require or permit the voter to
record his or her vote directly onto a tangible ballot.
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. The bill would substitute certain references to
the term "voting system" with the term "direct recording electronic
voting system."
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, including, but
not limited to, a precinct optical scanner and a direct recording
voting system, into which a voter may enter his or her
votes, and which, by means of 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 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
direct recording electronic voting systems, as defined
in subdivision (b) of Section 19271, are used the elections
official may shall provide one
voting machine for each ballot type used within the jurisdiction
provided that sufficient voting machines are provided
sufficient direct recording electronic voting systems 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 voting machines
provides sufficient direct recording electronic voting
systems to include all ballot types in the election , the vote
by mail ballot may be cast on a voting machine
a direct recording electronic voting system .
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. Ballot Labels
SEC. 4. Section 13283 of the Elections Code is repealed.
SEC. 5. Section 13284 of the Elections Code is repealed.
SEC. 6. Section 13285 of the Elections Code is repealed.
SEC. 7. Section 13286 of the Elections Code is repealed.
SEC. 8. Section 13287 of the Elections Code is repealed.
SEC. 9. Section 13288 of the Elections Code is repealed.
SEC. 10. Section 13289 of the Elections Code is repealed.
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 generate
from each voting machine at least three copies of a statement of
return of votes cast , read and distinctly announce each
candidate's name and the result as shown by the statement. He or she
shall also in the same manner announce the vote on each measure
.
(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 on that voting machine. 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 each
voting machine with the seal or seals provided and lock the voting
machine.
It shall remain locked and sealed against operation until the time
for filing a contest of election has expired.
SEC. 13. Section 19380 of the Elections Code is repealed.
SEC. 14. Section 19381 of the Elections Code is repealed.
SEC. 15. Section 19382 of the Elections Code is amended and
renumbered to read:
19380 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 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 or seals .
(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).
(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.
SEC. 17. Section 19384 of the Elections Code is repealed.
SEC. 18. Section 19385 of the Elections Code is amended and
renumbered to read:
19381 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.
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.