BILL ANALYSIS                                                                                                                                                                                                    Ó






                            SENATE COMMITTEE ON ELECTIONS
                            AND CONSTITUTIONAL AMENDMENTS
                             Senator Alex Padilla, Chair


          BILL NO:   AB 2631              HEARING DATE: 6/24/14
          AUTHOR:    DABABNEH             ANALYSIS BY:  Frances Tibon  
          Estoista
          AMENDED:   6/17/14
          FISCAL:    YES
          
                                        SUBJECT
          
          Elections: voting machines

                                      DESCRIPTION  
          
           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, and for these purposes  defines  a 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 for each measure.

           Existing law  requires the Secretary of State (SOS) to certify or  
          conditionally approve a direct recording electronic (DRE) voting  
          system only if the system includes an accessible voter verified  
          paper audit trail.   Existing law  defines a DRE voting system to  
          mean 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.

           Existing law  allows the elections official, where voting  
          machines are used, to provide one voting machine for each ballot  
          type used within the jurisdiction.   Existing law  also permits an  
          elections official to use electronic voting devices for this  
          purpose if sufficient devices are provided to include all ballot  
          types in the election.

           Existing law  specifies the procedure to be followed for counting  
          ballots in connection with the semifinal official canvass for an  
          election and also requires a precinct board to comply with  
          specified requirements related to the closing of the polls,  
          including, but not limited to the locking and sealing of voting  









          machines, the reading and posting of the statement of return of  
          votes cast for the precinct, and to also sign and return to the  
          elections official all furnished forms requiring signatures.   
           Existing law  also requires all members of the precinct board,  
          upon the completion of their duties, to sign a certificate of  
          performance certifying the total number of votes received by  
          each candidate for each office and the total number of votes  
          cast for and against each measure is as indicated on the tally  
          sheets.

           
          Existing law  provides specified procedures after the close of  
          polls, including the requirement for a precinct board member to  
          read and distinctly announce, in the order of the offices as  
          their titles are arranged on the machine, 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.

           This bill  redefines "voting machine" to mean 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.

           This bill  requires an elections official to provide sufficient  
          DRE voting systems at the office of the elections official or  
          satellite location such that all ballot types in the election  
          may be cast, including VBM ballots.

           This bill  requires as soon as the polls are closed, the precinct  
          board, in the presence of the watchers and all others lawfully  
          present, to 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 existing law.
          (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  
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             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.)
          m (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.
          m
            (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
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          ____________________________       _________________________ 
                                Assistant Inspector             Clerk
          ____________________________       _________________________ 
                                 Judge                          Clerk
          ____________________________       _________________________ 
                                 Judge                          Clerk


           This bill  requires the precinct board to 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.

           This bill  protect a person's right to cast a secret ballot in  
          cases where fewer than 10 voters cast ballots on any single  
          voting machine on which the results are tallied at the precinct.  
           In those instances, the precinct board shall post only the  
          total number of people who voted on that voting machine, and not  
          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.

           This bill  makes other conforming changes and repeals multiple  
          obsolete provisions of the Elections Code.

                                      BACKGROUND  
          
           Help America Vote Act of 2002  :  In 2002, Congress passed and  
          President George W. Bush signed the Help America Vote Act  
          (HAVA).  Among its provisions, HAVA established standards for  
          voting equipment.  In general, HAVA requires a voting system  
          used in an election for federal office to notify the voter when  
          he or she selects more than one candidate for a single office on  
          the ballot, notify the voter before the ballot is cast and  
          counted of the effect of casting multiple votes for the office,  
          and provide the voter with the opportunity to correct the ballot  
          before the ballot is cast and counted.  Additionally, HAVA  
          requires a voting system to meet certain requirements relating  
          to audit capacity, alternative language accessibility, error  
          rate, and accessibility for individuals with disabilities.

          HAVA also provided federal matching grants to states to help pay  
          for modernizing voting equipment.  Most jurisdictions at the  
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          time did not have electronic voting systems, relying on punch  
          cards, lever machines, and paper ballots.  However, with the new  
          HAVA voting system standards and HAVA funds, many jurisdictions  
          purchased new voting systems, such as DRE voting systems and  
          optical scanners.  In April 2003, California received $265  
          million in HAVA funds; including $75 million for new voting  
          equipment.  These voting equipment funds were distributed to  
          each county beginning in 2004.  California counties were then  
          authorized to purchase a new voting system.  Nearly all  
          California counties purchased their voting systems from five  
          different vendors.
          
                                       COMMENTS  
          
            1. According to the Author  :  Assembly Bill 2631 repeals and  
             revises California Elections Code references to obsolete  
             gear-and-lever voting machines and updates the definition of  
             "voting machine."  AB 2631 will reduce confusion by focusing  
             statutory language on machines that are actually used in  
             California elections.  The current definition of "voting  
             machine" was codified in the 1970s when the use of  
             gear-and-lever machines was permitted, but those machines now  
             fail to meet federal requirements specified in the federal  
             Help America Vote Act of 2002 and statutes related to voting  
             machines and polling place procedures fail to capture the  
             nuances of newer machines currently in use.  AB 2631 also  
             clarifies polling place procedures for modern voting machines  
             now used for California elections.

           When it comes to ensuring transparency of democratic elections,  
             it is critical to have election laws that are easy to  
             understand for all parties involved - including elections  
             officials, poll workers, campaigns, and other observers.   
             Existing law is not transparent or clear when it comes to  
             voting machines and related procedures.

           AB 2631 restores clarity and transparency to the voting machine  
             definition, creates a plain language Certificate of  
             Performance for poll worker reporting of precinct vote count  
             results, simplifies 48-hour posting procedures, and preserves  
             longstanding statutory protections for secret ballots.

            2. Related Legislation  :  AB 2797 (Assembly Elections and  
             Redistricting Committee), Ch. 402, Statutes of 2010 which  
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             among its multiple provisions, codified the procedure for  
             ensuring ballot secrecy in posting voting machine results as  
             well as preserving procedures and requirements for the  
             posting of polling place voting results.

                                           






                                    PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  6-0
          Assembly Appropriations Committee:       17-0
          Assembly Floor:                          71-1
                                           
                                      POSITIONS  

          Sponsor: Secretary of State

           Support: Verified Voting

           Oppose:  California Association of Clerks and Election  
                   Officials

















          AB 2631 (DABABNEH)                                                
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