BILL NUMBER: SB 439 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Allen
FEBRUARY 25, 2015
An act to amend Section 2170 of Sections
2170 and 13004 of, and to add Sections 303.4 and 13004.5 to,
the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 439, as amended, Allen. Conditional
Election procedures: conditional voter registration.
registration: ballot on demand systems.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 303.4 is added to the
Elections Code , to read:
303.4. "Ballot on demand system" means a self-contained system
that allows users to do any of the following on an as-needed basis:
(a) Manufacture or finish ballot sheets or unfinished ballot
cards.
(b) Manufacture and finish card stock.
(c) Finish unfinished ballot cards into ballot cards.
SECTION 1. SEC. 2. Section 2170 of
the Elections Code is amended to read:
2170. (a) "Conditional voter registration" means a properly
executed affidavit of registration, which
registration that is delivered by the registrant to a
the county elections official during the 14 days
immediately preceding an election or on election day and which may
be deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant's
eligibility to register, and validates the registrant's information,
as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by
this code, an elector who is otherwise qualified to register to vote
under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and cast a
provisional ballot during the 14 days immediately preceding an
election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective
if the county elections official is able to determine before or
during the canvass period for the election that the registrant is
eligible to register to vote and that the information provided by the
registrant on the registration affidavit matches information
contained in a database maintained by the California
Department of Motor Vehicles or the federal Social Security
Administration.
(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant
shall be issued a unique identification number pursuant to Section
2150 and the conditional voter registration shall be deemed
effective.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the
registrant is determined to be eligible to register to vote for the
election and the information provided by the registrant on the
registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, to determine the registrant's eligibility to
register, and to validate the registrant's information before
counting or rejecting the corresponding provisional ballot.
(4) After receiving a conditional voter registration, the
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
information.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article at
satellite offices of the county elections office, in accordance with
the procedures specified in paragraphs (2) to (5), inclusive, of
subdivision (d).
SEC. 3. Section 13004 of the Elections
Code is amended to read:
13004. (a) The Secretary of State shall adopt regulations
governing the manufacture, finishing, quality standards,
distribution, and inventory control of ballot cards and
requiring the ballot on demand systems. For commercial
ballot manufacturers and finishers, the Secretary of State shall
require a biennial inspection of the certified
manufacturing, finishing, and storage facilities involving
ballot cards. facilities. The Secretary of State
shall also approve each ballot card manufacturer or
finisher prior to a manufacturer or finisher providing
manufacturer, finisher, and ballot on demand system before
manufacturing or finishing ballot cards
cards, or deploying a ballot on demand system, for use in
California elections.
(b) Not later than five working days before the Secretary of State
begins his or her initial inspection, the ballot card
manufacturer or finisher manufacturer, finisher, or
ballot on demand system vendor shall disclose to the Secretary
of State in writing any known flaw or defect in its ballot card
manufacturing or finishing process or
process, manufactured or finished ballot cards
cards, or ballot on demand system that could
adversely affect the future casting or tallying of votes. Once
approved by the Secretary of State, the ballot card
manufacturer or finisher manufacturer, finisher, or
ballot on demand system vendor shall notify the Secretary of
State and the affected local elections officials in writing within
two business days after it discovers any flaw or defect in its ballot
card manufacturing or finishing process or
process, manufactured or finished ballot cards
cards, or ballot on demand system that could
adversely affect the future casting or tallying of votes.
SEC. 4. Section 13004.5 is added to the
Elections Code , to read:
13004.5. (a) A jurisdiction shall not purchase, lease, or
contract for a ballot on demand system unless the ballot on demand
system has been certified by the Secretary of State.
(b) A vendor, company, or person shall not sell, lease, or
contract with a jurisdiction for the use of a ballot on demand system
unless the ballot on demand system has been certified by the
Secretary of State.
(c) This section does not preclude a jurisdiction from conducting
research and development of a ballot on demand system. A ballot on
demand system that is used for purposes of this subdivision shall not
be used in an election conducted pursuant to this code unless the
system has been certified by the Secretary of State.
(d) The Secretary of State shall promulgate regulations for
purposes of certifying ballot on demand systems.