BILL NUMBER: AB 2631 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY APRIL 9, 2014
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 21, 2014
An act to amend Sections 361, 3018, 19370,
15250, and 19371 of, to amend the heading of Article 5
(commencing with Section 13282) of Chapter 3 of Division
13 of, to amend and renumber Sections 19382 and 19385 of, to add
Section 15250.5 to, and to repeal Sections 13283, 13284,
13285, 13286, 13287, 13288, 13289, 19370, 19380, 19381,
19383, 19384, and 19386 of, the Elections Code, 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 specifies the procedure to be followed for counting
ballots in connection with the semifinal official canvass for an
election. Existing law requires a precinct board to complete a
certificate of performance and to post a results of votes cast form
if votes are manually counted at the precinct, among other
requirements.
This bill would require a precinct board counting votes at the
precinct by means of a voting machine to also complete a certificate
of performance and to post a results of votes cast form, as
specified.
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 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 direct recording electronic
voting systems, as defined in subdivision (b) of Section 19271, are
used the elections official shall provide 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 provides sufficient direct
recording electronic voting systems to include
systems such that all ballot types in the election
may be cast , the vote by mail ballot may be cast on 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 15250 of the Elections
Code is amended to read:
15250. The ballots may be counted at the polls if a counting or
tabulating machine approved therefor pursuant to Article 1
(commencing with Section 19200) of Chapter 3 of Division 19 is
available at the polls.
15250. This article applies to all elections in which votes are
counted by means of a voting machine.
SEC. 12. Section 15250.5 is added to the
Elections Code , to read:
15250.5. (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 do all
of the following:
(1) Count the votes cast on voting machines and report the results
pursuant to subdivisions (b) and (c).
(2) Complete, sign, and return to the elections official all
furnished forms requiring its signatures.
(b) When votes are counted on one or more voting machines at the
precinct, all members of the precinct board, upon the completion of
their duties, shall sign a certificate of performance, which shall be
substantially in the following form:
Certificate of Performance
This certificate of performance is for precinct ____, for the ____
election, held on the ____ day of ____, (year).
We hereby certify ONE of the following: (Please check only the
one that applies.)
?(A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED.
(1) The results of the votes cast form posted outside the polling
place includes the total number of votes cast on each voting machine
for each candidate for each office, and the total number of votes
cast on each voting machine for and against each ballot measure.
(2) The results of votes cast form provided to the county
elections official shows the same numbers.?(B) RESULTS OF VOTES CAST
ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10
BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE
POSTED.
(1) The results of the votes cast form posted outside the polling
place includes the total number of votes cast on each voting machine
for each candidate for each office, and the total number of votes
cast on each voting machine for and against each ballot measure,
except as provided in paragraph (2).
(2) For each voting machine recording fewer than 10 ballots, only
the number of ballots cast on that machine is posted.
(3) The results of votes cast form provided to the county
elections official shows the same numbers.(C) RESULTS OF VOTES CAST
ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS
WERE CAST IN THE PRECINCT.
In this case, only the number of ballots cast on each voting
machine is posted and included on the results of votes cast form
provided to the county elections official.
__________ ______
Inspector Clerk
____________________ ______
Assistant Inspector Clerk
______ ______
Judge Clerk
______ ______
Judge Clerk
(c) (1) The precinct board shall sign and post conspicuously on
the outside of the polling place a copy of the results of votes cast
form. The copy shall remain posted for at least 48 hours after the
official time fixed for the closing of the polls.
(2) 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 post only the total number of people who voted on that voting
machine, and shall not post the total number of votes cast on each
voting machine for each candidate for each office or the total number
of votes cast on each voting machine for and against each ballot
measure.
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.
(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 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. 13. Section 19370 of the Elections
Code is repealed.
19370. 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, 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. 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. One copy of the statement of return of votes cast for each
machine shall be posted upon the outside wall of the precinct for all
to see. 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. The statement of return of
votes cast for each machine for the precinct shall constitute the
precinct statement of result of votes cast.
SEC. 12. SEC. 14. 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.
19371. Before adjourning, the precinct board
shall do all of the following:
(a) Comply with the requirements of Section 15250.5.
(b) Seal each voting machine with the seal or seals provided.
(c) Lock the voting machines.
SEC. 13. SEC. 15. Section 19380 of
the Elections Code is repealed.
SEC. 14. SEC. 16. Section 19381 of
the Elections Code is repealed.
SEC. 15. SEC. 17. Section 19382 of
the Elections Code is amended and renumbered to read:
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. SEC. 18. Section 19383 of
the Elections Code is repealed.
SEC. 17. SEC. 19. Section 19384 of
the Elections Code is repealed.
SEC. 18. SEC. 20. Section 19385 of
the Elections Code is amended and renumbered to read:
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. SEC. 21. Section 19386 of
the Elections Code is repealed.
SEC. 20. SEC. 22. 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.