BILL ANALYSIS Ó
AB 2631
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CONCURRENCE IN SENATE AMENDMENTS
AB 2631 (Dababneh)
As Amended June 17, 2014
Majority vote
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|ASSEMBLY: |71-1 |(May 8, 2014) |SENATE: |27-9 |(August 13, |
| | | | | |2014) |
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Original Committee Reference: E. & R.
SUMMARY : Updates the definition of a "voting machine" and
revises other provisions of the Elections Code that apply to
elections conducted on a lever voting machine. Specifically,
this bill :
1)Updates the definition of a "voting machine" to mean any
electronic device including, but not limited to, a precinct
optical scanner and a direct recording electronic (DRE) 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, instead of 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.
2)Clarifies and modifies provisions of law that allow any voter
using a vote by mail (VBM) ballot, prior to the close of the
polls on election day, to vote the ballot at an elections
official's office or satellite office. Requires an elections
official, where DRE voting systems are used, to provide
sufficient DREs to include all ballot types in the election.
3)Modifies and repeals precinct board requirements and
procedures related to the closing of the polls, which includes
the locking and sealing of voting machines and the reading,
posting, and inspection of the return of votes cast for that
precinct.
4)Repeals obsolete provisions of law regarding ballot labels for
lever voting machines.
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5)Makes other conforming and technical changes.
The Senate amendments require a precinct board counting votes at
a precinct by means of a voting machine to complete a
certificate of performance, as specified, and to post a copy of
the results of votes cast form, as specified.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible fiscal
impact.
COMMENTS : According to the author, "The current definition of
'voting machines' in the California Elections Code refers to
obsolete gear-and-lever mechanical devices that have not been
deployed for a California election since Merced County
discontinued their use following the November 1994 general
election. The days of gear-and-lever voting machines are long
gone so it is time to update the definitions in the Election[s]
Code relating to voting machines and polling place procedures to
capture the nuances of the newer machines currently in use to
bring clarity and transparency to the law.
"Assembly Bill 2631 (Dababneh) updates the definition of 'voting
machine' in California Elections Code and revises provisions
regulating obsolete gear-and-lever voting machines. 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 ensures
that there is clarity in [the] Elections Code about the
procedures and equipment used in California elections."
This bill updates the Elections Code to reflect that lever
voting machines are no longer in use in California elections.
The changes made to existing law by this bill are mostly
non-substantive. First, this bill updates the definition of a
"voting machine" to eliminate references of lever machines and
instead reflect modern voting systems.
Second, this bill makes corresponding changes to provisions of
the Elections Code regarding the procedures and equipment used
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in elections. For example, this bill repeals obsolete
provisions of law regarding ballot labels that apply to
elections that are conducted on a lever voting machine. In
addition, this bill modifies precinct board requirements and
procedures related to the closing of the polls, which includes
the locking and sealing of voting machines and the reading,
posting, and inspection of the return of votes cast for that
precinct that apply to elections conducted on a lever voting
machine.
Third, this bill clarifies and updates corresponding code
sections where the term "voting machine" is used. Current law
permits any voter using a VBM ballot, prior to the close of the
polls on election day, to vote the ballot at an elections
official's office or satellite office. Existing law
additionally allows the elections official, where voting
machines are used, to provide one voting machine for each ballot
type used within the jurisdiction. In practice most county
elections officials use a DRE voting system to comply with this
requirement because DREs have the ability to accept multiple
ballot styles. This bill updates the code to reflect current
practice and requires an elections official, where DRE voting
systems are used, to provide sufficient DREs to include all
ballot types in the election. Finally, this bill makes other
conforming changes.
The Senate amendments mirror precinct board procedures and
requirements related to counting votes at a precinct by a manual
vote count and require a precinct board counting votes at a
precinct by means of a voting machine to complete a certificate
of performance, as specified, and to post a copy of the results
of votes cast form, as specified. This bill, as amended in the
Senate, is consistent with Assembly actions.
Please see the policy committee analysis for a full discussion
on this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0004336
AB 2631
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