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    
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          |Author:    |Stone                                                |
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          |Version:   |2/25/15                                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Frances Tibon Estoista                               |
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                    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:







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           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.









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            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

                                          
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