BILL NUMBER: AB 363	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinorth

                        FEBRUARY 17, 2015

   An act to amend Sections 14405, 14420, and 14421 of, and to add
Section 14422 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 14405 of the Elections Code is amended to read:

   14405.  (a) The members of the precinct board shall account for
the ballots delivered to them by returning a sufficient number of
unused ballots to make up, when added to the number of official
ballots cast and the number of spoiled and canceled ballots returned,
the number of ballots given to them. The  officers receiving
returned ballots shall compel this accounting.  
accounting of ballots may either:  
   (1) Take place at the polling place.  
   (2) Be performed by the elections official at the central counting
place.
   (b) The precinct board shall complete the roster as required in
Section 14107, and shall also complete and sign the certificate of
performance prescribed in Section 15280, if that section applies.
  SEC. 2.  Section 14420 of the Elections Code is amended to read:
   14420.  (a)  As   Except as provided in
subdivision (c), prior to or as  soon as the polls are closed,
the precinct board shall remove the voted ballots from the ballot
container and take them out of the secrecy envelopes or detach them
from the secrecy stubs. Where the envelope or stub is also the
write-in ballot, and a write-in vote has been registered thereon, the
ballot card shall not be separated from the envelope or stub. If two
or more separate ballot cards have been used in the election, the
precinct board shall sort them into groups, each of which shall
contain the same series of ballot cards.
   (b) After completing the action described in subdivision (a), the
precinct board shall count the number of ballot cards in each group,
and certify the number of ballots cast on the voting roster as
provided by Section 14105. If there is any discrepancy between the
number of voters listed in the roster and the number of ballots
voted, this fact shall be noted with an explanation of the difference
and signed by all the members of the precinct board. 
   (c) Prior to or at the close of the polls, the county elections
official may direct the precinct board to seal the ballot container
and record on forms provided by the elections official the
information needed for the reconciliation of ballots required by
Section 14405. 
  SEC. 3.  Section 14421 of the Elections Code is amended to read:
   14421.   The   Unless the county elections
official has directed the precinct board to seal the ballot container
and record information pursuant to subdivision (c) of Section 14420,
the  precinct board shall group voted ballot cards and voted
separate write-in ballots, as directed by the elections official, and
place them in containers. The board shall also place spoiled and
void ballots, if any, in containers as directed by the elections
official. All of these ballots, along with the containers for voted
ballot cards, shall be placed in one or more boxes, which shall then
be sealed and delivered as soon as possible to the receiving centers
or central counting places with the unused ballots, supplies, and
other materials as directed by the elections official.
  SEC. 4.  Section 14422 is added to the Elections Code, to read:
   14422.  (a) (1) Notwithstanding any other provision of law, the
county elections official may direct a precinct board to seal the
ballot container prior to the closing of the polls, in accordance
with the procedures set forth in Sections 14420 and 14421.
    (2) As soon as the container is sealed, the county elections
official may direct at least two elections officials to remove the
sealed ballot container of voted untallied ballots from the polling
place and the presence of any bystanders and to deliver the container
to a receiving center or central counting place as directed.
   (b) Upon receipt of a container at a receiving center or central
counting place pursuant to subdivision (a), the county elections
official may process the voted untallied ballots, but shall not tally
the ballots or release any results prior to the closing of the
polls.
   (c) This section shall not be construed as relieving a precinct
board of its responsibility to account for ballots pursuant to
Section 14405.