AB 363, as introduced, Steinorth. Closing of the polls.
Existing law requires a precinct board to account for ballots at the closing of the polls.
This bill would authorize a county elections official to account for ballots at the central counting place.
Existing law prescribes the procedures for a precinct board to follow as soon as the polls close, including removing the voted ballots from the ballot container, sealing the ballots, and delivering the ballots to the receiving centers or central counting places.
This bill would authorize a county elections official to direct the precinct board to seal the ballots and to record certain information prior to the closing of the polls. This bill would also authorize the county elections official to direct other elections officials to remove the sealed ballots prior to the closing of the polls and to deliver them to a receiving center or central counting place.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14405 of the Elections Code is amended
(a) The members of the precinct board shall account
4for the ballots delivered to them by returning a sufficient number
5of unused ballots to make up, when added to the number of official
6ballots cast and the number of spoiled and canceled ballots
7returned, the number of ballots given to them. The
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8receiving returned ballots shall compel this accounting.end delete
13(b) The precinct board shall complete the roster as required in
14Section 14107, and shall also complete and sign the certificate of
15performance prescribed in Section 15280, if that section applies.
Section 14420 of the Elections Code is amended to
begin deleteAs end deletesoon as the polls are closed, the precinct board shall remove
20the voted ballots from the ballot container and take them out of
21the secrecy envelopes or detach them from the secrecy stubs. Where
22the envelope or stub is also the write-in ballot, and a write-in vote
23has been registered thereon, the ballot card shall not be separated
24from the envelope or stub. If two or more separate ballot cards
25have been used in the election, the precinct board shall sort them
26into groups, each of which shall contain the same series of ballot
28(b) After completing the action described in subdivision (a), the
29precinct board shall count the number of ballot cards in each group,
30and certify the number of ballots cast on the voting roster as
31provided by Section 14105. If there is any discrepancy between
32the number of voters listed in the roster and the number of ballots
33voted, this fact shall be noted with an explanation of the difference
34and signed by all the members of the precinct board.
Section 14421 of the Elections Code is amended to
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8precinct board shall group voted ballot cards and voted separate
9write-in ballots, as directed by the elections official, and place
10them in containers. The board shall also place spoiled and void
11ballots, if any, in containers as directed by the elections official.
12All of these ballots, along with the containers for voted ballot
13cards, shall be placed in one or more boxes, which shall then be
14sealed and delivered as soon as possible to the receiving centers
15or central counting places with the unused ballots, supplies, and
16other materials as directed by the elections official.
Section 14422 is added to the Elections Code, to read:
(a) (1) Notwithstanding any other provision of law,
19the county elections official may direct a precinct board to seal
20the ballot container prior to the closing of the polls, in accordance
21with the procedures set forth in Sections 14420 and 14421.
22 (2) As soon as the container is sealed, the county elections
23official may direct at least two elections officials to remove the
24sealed ballot container of voted untallied ballots from the polling
25place and the presence of any bystanders and to deliver the
26container to a receiving center or central counting place as directed.
27(b) Upon receipt of a container at a receiving center or central
28counting place pursuant to subdivision (a), the county elections
29official may process the voted untallied ballots, but shall not tally
30the ballots or release any results prior to the closing of the polls.
31(c) This section shall not be construed as relieving a precinct
32board of its responsibility to account for ballots pursuant to Section