BILL NUMBER: AB 363 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN ASSEMBLY MAY 19, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
INTRODUCED BY Assembly Member Steinorth
(Coauthors: Assembly Members Brown, Mayes, and Obernolte)
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, 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. The 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. The bill would require the county elections official, at least
48 hours before an election, to notify the public of the dates,
times, and places to which ballot containers will be delivered. The
bill would also require the Secretary of State to adopt regulations
addressing the secure delivery and transfer of ballots to a receiving
center or central counting place.
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 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) Except as provided in subdivision (c), before 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 14107. 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) Before 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. 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) Notwithstanding Section 14215, 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.
(3) At least 48 hours in advance of an election, the elections
official shall notify the public of the dates, times, and places at
which ballot containers will be delivered pursuant to this
subdivision.
(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) The Secretary of State shall adopt regulations addressing the
secure delivery and transfer of ballots to a receiving center or
central counting place pursuant to this section.
(d) This section shall not be construed as relieving a precinct
board of its responsibility to account for ballots pursuant to
Section 14405.