BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 363|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 363
Author: Steinorth (R), et al.
Amended: 8/17/15 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 6/30/15
AYES: Allen, Anderson, Hertzberg, Liu
NO VOTE RECORDED: Hancock
SENAE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/15 (Consent) - See last page for
vote
SUBJECT: Closing of the polls
SOURCE: County of San Bernardino
DIGEST: This bill authorizes county elections officials, on
Election Day, to begin accounting and processing polling place
ballots during the day, instead of waiting until the closing of
the polls.
ANALYSIS:
Existing law:
1) Requires members of a precinct board to account for 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
AB 363
Page 2
returned, the number of ballots given to them.
2) Requires members of a precinct board, as soon as the polls
are closed, to remove the voted ballots from the ballot
container. Requires the precinct board to count the number
of ballot cards in each group, and certify the number of
ballots cast on the voting roster, as specified. Requires
the precinct board, if there is any discrepancy between the
number of voters listed in the roster and the number of
ballots voted, to note this fact with an explanation of the
difference signed by all the members of the precinct board.
3) Requires precinct board members to group voted ballot cards
and voted separate write-in ballots, as directed by the
elections official, and place them in containers. Requires
the board to place spoiled and voided ballots, if any, in
containers as directed by the elections official. Requires
all the containers to be placed in one or more boxes and
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
officials.
4) Prohibits the removal of a ballot container from a polling
place or the presence of any persons assembled at the polling
place until all the ballots are counted and prohibits the
ballot container from being opened until after the polls are
closed.
This bill authorizes county elections officials, on Election
Day, to begin accounting and processing polling place ballots
during the day, instead of waiting until the closing of the
polls. Specifically, this bill:
1) Authorizes a precinct board, when accounting for ballots to
either account for the ballots at a polling place or be
performed by the elections official at a central counting
place.
2) Permits a county elections official, before or at the close
of the polls, to direct a precinct board to seal the ballot
container and record on forms prescribed by the elections
official the information needed for the reconciliation of
ballots, as specified.
AB 363
Page 3
3) Allows a county elections official to direct a precinct
board to seal the ballot container prior to the closing of
the polls in accordance with existing law. Permits a county
elections official, as soon as the container is sealed, to
direct at least two elections officials to remove the sealed
ballot container of voted, untallied ballots from the polling
place and, in the presence of any bystanders, to deliver the
container to a receiving center or central counting place as
directed.
4) Requires the elections officials to notify the public 48
hours before Election Day of the dates, times and places
where ballot containers will be delivered.
5) Allows a county elections official, upon receipt of a
container at a receiving center or central counting place, to
process the voted untallied ballots. Prohibits the tally of
ballots or release of any results prior to the closing of the
polls. Provides that the procedures described shall not be
construed as relieving a precinct board of its responsibility
to account for ballots in accordance with existing law.
6) Requires the Secretary of State (SOS) to adopt regulations
addressing the secure delivery and transfer of ballots to a
receiving center or central counting place.
7) Makes other technical changes.
Background
Existing law establishes procedures for processing ballots
following the closing of the polls on Election Day.
Specifically, once the polls close, existing law requires
members of the precinct board to account for ballots delivered
to them whether voted, unused, spoiled, or canceled. This
process is commonly known as ballot reconciliation. Existing
law prohibits a ballot container from being opened until after
the polls are closed and further prohibits the removal of a
ballot container from a polling place until all ballots are
counted. Once reconciliation is completed ballot containers are
allowed to be delivered to their assigned receiving center or
central counting location for processing.
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Comments
1) According to the author, AB 363 will improve election
efficiency by allowing for ballots to be picked up and
processed prior to the close of polls. In doing so, election
results may be reported earlier on election night, and
counties will save taxpayer dollars by reducing overtime
costs. Further, this bill will give election officials the
option to modify current ballot reconciliation procedures in
an attempt to make them more effective and secure.
Existing law allows for absentee ballots to be processed prior
to the close of polls, however, does not treat ballots cast
at a polling place the same way. Allowing for election
officials to begin counting these ballots as well will
improve the election process.
AB 363's improved ballot reconciliation process will make
results more accurate and secure, because reconciliation will
take place in a controlled environment, under the supervision
of election professionals. If a discrepancy is found by the
elections officials, he/she has the authority to investigate
further, as opposed to poll workers who have no authority to
act upon any inconsistencies. Voters may feel more secure in
knowing that their voted ballot cannot be tampered with by
poll workers, because the ballot box will be sealed and
securely moved to the counting location without being handled
by poll workers at the polling place.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, the SOS
indicates that it would incur a one-time General Fund cost of
$55,000 to promulgate regulations resulting from this bill.
SUPPORT: (Verified8/28/15)
AB 363
Page 5
County of San Bernardino (source)
California Association of Clerks and Election Officials
California State Association of Counties
Rural County Representatives of California
Santa Clara County Board of Supervisors
Urban Counties Caucus
OPPOSITION: (Verified8/28/15)
None received
ASSEMBLY FLOOR: 78-0, 6/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez, Grove
Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106
8/31/15 8:54:58
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