Amended in Senate April 15, 2015

Senate BillNo. 439


Introduced by Senator Allen

February 25, 2015


An act to amendbegin delete Section 2170 ofend deletebegin insert Sections 2170 and 13004 of, and to add Sections 303.4 and 13004.5 to,end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 439, as amended, Allen. begin deleteConditional end deletebegin insertElection procedures: conditional end insertvoterbegin delete registration.end deletebegin insert registration:end insertbegin insert ballot on demand systems.end insert

Existing law permits a county elections official to offer conditional voter registration and provisional voting on election day at satellite offices of the county elections office, as specified.

This bill would also allow a county elections official to offer conditional voter registration and provisional voting at satellite offices other than on election day.

begin insert

Existing law requires the Secretary of State to adopt regulations (1) governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and (2) requiring the biennial inspection of the manufacturing, finishing, and storage facilities involving ballot cards. Existing law requires the Secretary to also approve each ballot card manufacturer or finisher before a manufacturer or finisher provides ballot cards for use in California elections.

end insert
begin insert

This bill would require the Secretary to adopt regulations (1) governing ballot on demand systems, as defined, and (2) for purposes of certifying ballot on demand systems. The bill, for commercial ballot manufacturers and finishers, would require the Secretary to require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The bill would also require the Secretary to approve each ballot on demand system before the system is deployed for use in California elections. The bill would prohibit a jurisdiction from purchasing, leasing, or contracting for, and a vendor, company, or person from selling, leasing, or contracting with a jurisdiction for, a ballot on demand system unless the ballot on demand system has been certified by the Secretary.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 303.4 is added to the end insertbegin insertElections Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert303.4.end insert  

“Ballot on demand system” means a self-contained
4system that allows users to do any of the following on an as-needed
5basis:

6(a) Manufacture or finish ballot sheets or unfinished ballot
7cards.

8(b) Manufacture and finish card stock.

9(c) Finish unfinished ballot cards into ballot cards.

end insert
10

begin deleteSECTION 1.end delete
11begin insertSEC. 2.end insert  

Section 2170 of the Elections Code is amended to read:

12

2170.  

(a) “Conditional voter registration” means a properly
13executed affidavit ofbegin delete registration, whichend deletebegin insert registration thatend insert is
14delivered by the registrant tobegin delete aend deletebegin insert theend insert county elections official during
15the 14 days immediately preceding an election or on election day
16and which may be deemed effective pursuant to this article after
17the elections official processes the affidavit, determines the
18registrant’s eligibility to register, and validates the registrant’s
19information, as specified in subdivision (c).

20(b) In addition to other methods of voter registration provided
21by this code, an elector who is otherwise qualified to register to
22vote under this code and Section 2 of Article II of the California
23Constitution may complete a conditional voter registration and
24cast a provisional ballot during the 14 days immediately preceding
25an election or on election day pursuant to this article.

26(c) (1) A conditional voter registration shall be deemed effective
27if the county elections official is able to determine before or during
P3    1the canvass period for the election that the registrant is eligible to
2register to vote and that the information provided by the registrant
3on the registration affidavit matches information contained in a
4database maintained by thebegin delete Californiaend delete Department of Motor
5Vehicles or the federal Social Security Administration.

6(2) If the information provided by the registrant on the
7registration affidavit cannot be verified pursuant to paragraph (1)
8but the registrant is otherwise eligible to vote, the registrant shall
9be issued a unique identification number pursuant to Section 2150
10and the conditional voter registration shall be deemed effective.

11(d) The county elections official shall offer conditional voter
12registration and provisional voting pursuant to this article, in
13accordance with the following procedures:

14(1) The elections official shall provide conditional voter
15registration and provisional voting pursuant to this article at all
16permanent offices of the county elections official in the county.

17(2) The elections official shall advise registrants that a
18conditional voter registration will be effective only if the registrant
19is determined to be eligible to register to vote for the election and
20the information provided by the registrant on the registration
21affidavit is verified pursuant to subdivision (c).

22(3) The elections official shall conduct the receipt and handling
23of each conditional voter registration and offer and receive a
24corresponding provisional ballot in a manner that protects the
25secrecy of the ballot and allows the elections official to process
26the registration, to determine the registrant’s eligibility to register,
27and to validate the registrant’s information before counting or
28rejecting the corresponding provisional ballot.

29(4) After receiving a conditional voter registration, the elections
30official shall process the registration, determine the registrant’s
31eligibility to register, and attempt to validate the information.

32(5) If a conditional registration is deemed effective, the elections
33official shall include the corresponding provisional ballot in the
34official canvass.

35(e) The county elections official may offer conditional voter
36registration and provisional voting pursuant to this article at
37satellite offices of the county elections office, in accordance with
38the procedures specified in paragraphs (2) to (5), inclusive, of
39subdivision (d).

P4    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 13004 of the end insertbegin insertElections Codeend insertbegin insert is amended to
2read:end insert

3

13004.  

(a) The Secretary of State shall adopt regulations
4governing the manufacture, finishing, quality standards,
5distribution, and inventory control of ballot cards andbegin delete requiring
6theend delete
begin insert ballot on demand systems. For commercial ballot
7manufacturers and finishers, the Secretary of State shall require
8aend insert
biennial inspection of thebegin insert certifiedend insert manufacturing, finishing, and
9storagebegin delete facilities involving ballot cards.end deletebegin insert facilities.end insert The Secretary
10of State shall also approve each ballot cardbegin delete manufacturer or finisher
11prior to a manufacturer or finisher providingend delete
begin insert manufacturer, finisher,
12and ballot on demand system before manufacturing or finishingend insert

13 ballotbegin delete cardsend deletebegin insert cards, or deploying a ballot on demand system,end insert for
14use in California elections.

15(b) Not later than five working days before the Secretary of
16State begins his or her initial inspection, the ballot card
17begin delete manufacturer or finisherend deletebegin insert manufacturer, finisher, or ballot on
18demand system vendorend insert
shall disclose to the Secretary of State in
19writing any known flaw or defect in its ballot card manufacturing
20or finishingbegin delete process orend deletebegin insert process,end insert manufactured or finished ballot
21begin delete cardsend deletebegin insert cards, or ballot on demand systemend insert that could adversely affect
22the future casting or tallying of votes. Once approved by the
23Secretary of State, the ballot cardbegin delete manufacturer or finisherend delete
24begin insert manufacturer, finisher, or ballot on demand system vendorend insert shall
25notify the Secretary of State and the affected local elections
26officials in writing within two business days after it discovers any
27flaw or defect in its ballot card manufacturing or finishingbegin delete process
28orend delete
begin insert process,end insert manufactured or finished ballotbegin delete cardsend deletebegin insert cards, or ballot
29on demand systemend insert
that could adversely affect the future casting
30or tallying of votes.

31begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 13004.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to
32read:end insert

begin insert
33

begin insert13004.5.end insert  

(a) A jurisdiction shall not purchase, lease, or
34contract for a ballot on demand system unless the ballot on demand
35system has been certified by the Secretary of State.

36(b) A vendor, company, or person shall not sell, lease, or
37contract with a jurisdiction for the use of a ballot on demand
38system unless the ballot on demand system has been certified by
39the Secretary of State.

P5    1(c) This section does not preclude a jurisdiction from conducting
2research and development of a ballot on demand system. A ballot
3on demand system that is used for purposes of this subdivision
4shall not be used in an election conducted pursuant to this code
5unless the system has been certified by the Secretary of State.

6(d) The Secretary of State shall promulgate regulations for
7purposes of certifying ballot on demand systems.

end insert


O

    98