BILL ANALYSIS Ó AB 363 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 363 (Steinorth) As Amended August 17, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(June 2, 2015) |SENATE: |40-0 |(September 2, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: E. & R. SUMMARY: 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, as specified. Specifically, this bill: 1)Authorizes a precinct board, when accounting for ballots at the closing of the polls, as specified, to either account for the ballots at a polling place or to be performed by the elections official at a central counting place, instead of only allowing a precinct board to account for ballots at a polling place. 2)Permits a county elections official, before the closing of the polls instead of 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 AB 363 Page 2 needed for the reconciliation of ballots, as specified. 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. 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. 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)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. 6)Makes other technical changes. The Senate amendments make non-substantive technical changes. AS PASSED BY THE ASSEMBLY, this bill was substantially similar to the version approved by the Senate. FISCAL EFFECT: 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. AB 363 Page 3 COMMENTS: According to the author, "AB 363 will improve election efficiency by allowing for ballots to be picked up from Election Day polling places and processed at a central counting location before the polls are closed. In doing so, election results will be reported much sooner 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 [vote by mail] ballots which have been dropped off at polling places to be transported prior to the close of polls, but inconsistently, the law does not allow for early pick-up of ballots which had been cast at the polling place. Allowing for early pick-up of all ballots will make a critical difference in geographically expansive counties, within which it may take hours to transport ballots from a remote polling location to the counting location." Existing law establishes procedures for processing ballots following the closing of the polls on election day. Specifically, once the polls close, current 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. This bill authorizes county elections officials to use an additional reconciliation procedure. First, this bill permits the ballot reconciliation process to begin before the polls close, instead of after the polls close. Second, this bill allows ballot containers to be transported to a receiving center AB 363 Page 4 or central counting place for ballot reconciliation and processing before the polls close. These are significant departures from current practice which prohibits the removal of a ballot container from a polling place until all ballots are counted and further prohibits a ballot container from being opened until after the polls are closed. According to the author and the proponents of this bill, this new procedure is a much needed option for county elections officials, especially those counties that are geographically expansive. Proponents contend that the new ballot reconciliation process outlined in this bill will expedite ballot processing by allowing ballots to be processed and transported to counting locations prior to the closing of the polls as well as provide for more timely results, reduce election administrative costs, and increase overall election efficiency. The Senate amendments make non-substantive technical changes. This bill, as amended in the Senate, is consistent with Assembly actions. Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001681