Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2824


Introduced by Assembly Member Thurmond

February 19, 2016


An act to amend Section 15372 of, and to add Sections 15151.5 and 19216.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2824, as amended, Thurmond. Elections: precinct reports.

Existing law requires an elections official to transmit the semifinal official results to the Secretary of State following commencement of the semifinal official canvass. After the official canvass, existing law requires an elections official to prepare a certified statement of the results of the election and submit it to the governing body. The elections official must also post the certified statement of the results on his or her Internet Web site in a downloadable spreadsheet format that may include a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. Existing law requires the certified statement of the election results to be posted and maintained on the elections official’s Internet Web site for a period of at least 10 years following the election.

This bill would require a county with the technical capacity to do so to post the information contained in the statement of thebegin delete result,end deletebegin insert results,end insert as well as other available election data, on its Internet Web site beginning on election night and continuingbegin delete dailyend deletebegin insert as specifiedend insert until the election results are certified. This bill would require the county to post this information in downloadable spreadsheet and Election Markup Language (EML) formats, as specified. This bill would also decrease to 22 months the amount of time the certified statement of election results must be posted and maintained on the elections official’s Internet Web site.

This bill would also require a county elections official to propose a modification of its voting system to the Secretary of State for approval if modification of that system would enable the county to post required information on its Internet Web site immediately following the election, as specified.

By imposing additional obligations onbegin delete aend delete county electionsbegin delete official,end deletebegin insert officials,end insert this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 15151.5 is added to the Elections Code,
2to read:

3

15151.5.  

(a) A county with the technical capacity to do so
4shall post the following information on its Internet Web site:

5(1) A statement of thebegin delete resultend deletebegin insert resultsend insert showing all of the following:

6(A) The total number of ballots cast.

7(B) The number of votes cast at each precinct for each candidate
8and for and against each measure.

9(C) The total number of votes cast for each candidate and for
10and against each measure.

11(D) The number of votes cast in each city, Assembly district,
12congressional district, senatorial district, State Board of
13Equalization district, and supervisorial district located in whole or
14in part in the county, for each candidate for the offices of
15presidential elector and all statewide offices, depending on the
16offices to be filled, and on each statewide ballot proposition.

P3    1(2) Precinct data for absentee ballots, provisional ballots, spoiled
2ballots, and any other data readily available on the computer
3system.

4(b) (1) Except as provided in paragraph (2), a county shall
5provide the information required by subdivision (a) in both
6downloadable spreadsheet and Election Markup Language (EML)
7formats. The spreadsheet may include a comma-separated values
8file or a tab-separated values file that is compatible with a
9spreadsheet software application widely used at the time of the
10posting.

11(2)  A county that does not have the technical capacity to provide
12the information in both formats described in paragraph (1) shall
13provide the information in whichever format it is able.

14(c) Following commencement of the semifinal officialbegin delete canvas,end delete
15begin insert canvass,end insert a county elections official shall post the information
16described in subdivision (a)begin delete every two hours onend deletebegin insert at the end ofend insert
17 electionbegin delete night andend deletebegin insert night,end insert dailybegin delete thereafter,end deletebegin insert through the first Friday
18after election day, and, thereafter, weekly on Fridaysend insert
until the
19results are certified pursuant to Section 15372.

20(d) A county that could comply with this section if its voting
21system were modified shall comply with Section 19216.5

22

SEC. 2.  

Section 15372 of the Elections Code is amended to
23read:

24

15372.  

(a) The elections official shall prepare a certified
25statement of the results of the election and submit it to the
26governing body within 30 days of the election or, in the case of
27school district, community college district, county board of
28education, or special district elections conducted on the first
29Tuesday after the first Monday in November of odd-numbered
30years, no later than the last Monday before the last Friday of that
31month.

32(b) The elections official shall post the certified statement of
33the results of the election on his or her Internet Web site in a
34downloadable spreadsheet format that may include, but is not
35limited to, a comma-separated values file or a tab-separated values
36file and that is compatible with a spreadsheet software application
37that is widely used at the time of the posting. The certified
38statement of the election results shall be posted and maintained on
39the elections official’s Internet Web site for a period of at least 22
40months following the election. This subdivision shall apply only
P4    1to an elections official who uses a computer system that has the
2capability of producing the election results in a downloadable
3spreadsheet format without requiring modification of the computer
4system.

5

SEC. 3.  

Section 19216.5 is added to the Elections Code, to
6read:

7

19216.5.  

A county elections official of a county that could
8comply with Section 15151.5 if its voting system were modified
9shall propose a modification to the Secretary of State for approval
10pursuant to Section 19216.

11

SEC. 4.  

If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.



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