BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Ben Allen, Chair 2015 - 2016 Regular Bill No: SB 417 Hearing Date: 4/7/15 ----------------------------------------------------------------- |Author: |Stone | |-----------+-----------------------------------------------------| |Version: |2/25/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- Subject: Elections: election day procedures DIGEST This bill would authorize the precinct board of a county with a geographic area of at least 2500 square miles to remove the ballot container or containers from the polling place while the polls remain open only to facilitate the early delivery of ballots to the receiving centers or central counting places. The bill would require the Secretary of State (SOS) to adopt regulations for the secure delivery and transfer of the ballots to the receiving center or central counting place. ANALYSIS Existing law: 1. Establishes procedures for processing ballots following the closing of the polls on Election Day. Specifically, the members of the precinct board must conduct a reconciliation ensuring that all ballots delivered to them are accounted for whether voted, unused, spoiled, or canceled. 2. 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: SB 417 (Stone) Page 2 of ? 1. Allows a precinct board to remove the ballot container or containers from the polling place while the polls remain open only to facilitate the early delivery of ballots to the receiving centers or central counting places. 2. Requires the SOS to adopt regulations for the secure delivery and transfer of the ballots to the receiving center or central counting place. 3. Only applies to a county with a geographic area of at least 2500 square miles. BACKGROUND There are 22 counties in California that span 2500 square miles or more. The counties of San Bernardino, Inyo, Kern, Riverside, Siskiyou and Fresno are well over 5000 square miles. Traditionally, after the polls close on Election Day, ballots are returned to the Registrar of Voters office for processing and counting. These larger counties may encounter late reconciliation issues partly due to the size of the county that requires elections staff to be on the road driving to remote polling places to pick up ballot containers and then delivering them back to a central processing location. COMMENTS 1. According to the Author : Larger and more rural counties face numerous challenges in making government work more efficiently. One of the challenges is the timely counting of ballots on Election Day. SB 417 would allow a county with a geographic area of 2500 square miles or more to remove the ballots already cast at midday and safely transport them to the central counting place to begin the reconciliation process. No ballots counted could be reported until the polls close on Election Night. The bill would also require the Secretary of State to develop the process and regulation for transporting the ballots. SB 417 (Stone) Page 3 of ? 2. Multiple ballot reconciliations . The SOS regulations required by this bill would have to include, among other things, a process whereby precinct boards must conduct a reconciliation of the ballots consistent with the process currently required after the closing of the polls. As stated above, existing law requires the members of the precinct board to conduct a reconciliation ensuring that all ballots delivered to them are accounted for whether voted, unused, spoiled, or canceled. Absent proper reconciliation, the ability to identify and correct any error will be lost. RELATED/PRIOR LEGISLATION AB 363 (Steinorth) of this session, will among other things 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. AB 363 is awaiting hearing in the Assembly Elections and Redistricting Committee. SB 1346 (Negrete-McLeod) of 2012, was similar to this bill, but died before being heard in this Committee. POSITIONS Sponsor: Author Support: None received Oppose: None received -- END --