Amended in Assembly June 11, 2015

Amended in Senate April 15, 2015

Senate BillNo. 439


Introduced by Senator Allen

February 25, 2015


An act to amend Sections 2170 and 13004 of, and to add Sections 303.4begin insert, 2550,end insert and 13004.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 439, as amended, Allen. Electionbegin delete procedures: conditional voter registration: ballot on demand systems.end deletebegin insert procedures.end insert

begin insert(1)end insertbegin insertend 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

(2) Existing law requires each precinct board to keep a roster of voters who voted at the precinct, as specified. Existing law also requires an elections official to furnish to the precinct officers, among other things, printed copies of the index to the affidavits of registration for that precinct.

end insert
begin insert

This bill would require the Secretary of State to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books, as defined. The bill would prohibit the use of an electronic poll book unless it has been certified by the secretary.

end insert

begin insert(3)end insertbegin insertend insert Existing law requires thebegin delete Secretary of Stateend deletebegin insert secretaryend insert 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 thebegin delete Secretaryend deletebegin insert secretaryend insert 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 thebegin delete Secretaryend deletebegin insert secretaryend insert 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 thebegin delete Secretaryend deletebegin insert secretaryend insert to require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The bill would also require thebegin delete Secretaryend deletebegin insert secretaryend insert 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 thebegin delete Secretaryend deletebegin insert secretaryend insert.

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

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

P2    1

SECTION 1.  

Section 303.4 is added to the Elections Code, to
2read:

3

303.4.  

“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 cards.

7(b) Manufacture and finish card stock.

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

9

SEC. 2.  

Section 2170 of the Elections Code is amended to read:

10

2170.  

(a) “Conditional voter registration” means a properly
11executed affidavit of registration that is delivered by the registrant
12to the county elections official during the 14 days immediately
13preceding an election or on election day and which may be deemed
14effective pursuant to this article after the elections official processes
15the affidavit, determines the registrant’s eligibility to register, and
16validates the registrant’s information, as specified in subdivision
17(c).

P3    1(b) In addition to other methods of voter registration provided
2by this code, an elector who is otherwise qualified to register to
3vote under this code and Section 2 of Article II of the California
4Constitution may complete a conditional voter registration and
5cast a provisional ballot during the 14 days immediately preceding
6an election or on election day pursuant to this article.

7(c) (1) A conditional voter registration shall be deemed effective
8if the county elections official is able to determine before or during
9the canvass period for the election that the registrant is eligible to
10register to vote and that the information provided by the registrant
11on the registration affidavit matches information contained in a
12database maintained by the Department of Motor Vehicles or the
13federal Social Security Administration.

14(2) If the information provided by the registrant on the
15registration affidavit cannot be verified pursuant to paragraph (1)
16but the registrant is otherwise eligible to vote, the registrant shall
17be issued a unique identification number pursuant to Section 2150
18and the conditional voter registration shall be deemed effective.

19(d) The county elections official shall offer conditional voter
20registration and provisional voting pursuant to this article, in
21accordance with the following procedures:

22(1) The elections official shall provide conditional voter
23registration and provisional voting pursuant to this article at all
24permanent offices of the county elections official in the county.

25(2) The elections official shall advise registrants that a
26conditional voter registration will be effective only if the registrant
27is determined to be eligible to register to vote for the election and
28the information provided by the registrant on the registration
29affidavit is verified pursuant to subdivision (c).

30(3) The elections official shall conduct the receipt and handling
31of each conditional voter registration and offer and receive a
32corresponding provisional ballot in a manner that protects the
33secrecy of the ballot and allows the elections official to process
34the registration, to determine the registrant’s eligibility to register,
35and to validate the registrant’s information before counting or
36rejecting the corresponding provisional ballot.

37(4) After receiving a conditional voter registration, the elections
38official shall process the registration, determine the registrant’s
39eligibility to register, and attempt to validate thebegin insert registrant’send insert
40 information.

P4    1(5) If a conditional registration is deemed effective, the elections
2official shall include the corresponding provisional ballot in the
3official canvass.

4(e) The county elections official may offer conditional voter
5registration and provisional voting pursuant to this article at
6satellite offices of the county elections office, in accordance with
7the procedures specified in paragraphs (2) to (5), inclusive, of
8subdivision (d).

9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2550 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert

begin insert
10

begin insert2550.end insert  

(a) For purposes of this section, “electronic poll book”
11means an electronic list of registered voters that may be
12transported to the polling location. An electronic poll book shall
13contain the same information as the roster described in Section
1414107.

15(b) An electronic poll book shall not be used unless it has been
16certified by the Secretary of State.

17(c) The Secretary of State shall adopt and publish electronic
18poll book standards and regulations governing the certification
19and use of electronic poll books.

20(d) The Secretary of State shall not certify an electronic poll
21book unless it fulfills the requirements of this section and the
22Secretary of State’s standards and regulations.

end insert
23

begin deleteSEC. 3.end delete
24begin insertSEC. 4.end insert  

Section 13004 of the Elections Code is amended to
25read:

26

13004.  

(a) The Secretary of State shall adopt regulations
27governing the manufacture, finishing, quality standards,
28distribution, and inventory control of ballot cards and ballot on
29demand systems. For commercial ballot manufacturers and
30finishers, the Secretary of State shall require a biennial inspection
31of the certified manufacturing, finishing, and storage facilities.
32The Secretary of State shall also approve each ballot card
33manufacturer, finisher, and ballot on demand system before
34manufacturing or finishing ballot cards, or deploying a ballot on
35demand system, for use in California elections.

36(b) Not later than five working days before the Secretary of
37State begins his or her initial inspection, the ballot card
38 manufacturer, finisher, or ballot on demand system vendor shall
39disclose to the Secretary of State in writing any known flaw or
40defect in its ballot card manufacturing or finishing process,
P5    1manufactured or finished ballot cards, or ballot on demand system
2that could adversely affect the future casting or tallying of votes.
3Once approved by the Secretary of State, the ballot card
4 manufacturer, finisher, or ballot on demand system vendor shall
5notify the Secretary of State and the affected local elections
6officials in writing within two business days after it discovers any
7flaw or defect in its ballot card manufacturing or finishing process,
8manufactured or finished ballot cards, or ballot on demand system
9that could adversely affect the future casting or tallying of votes.

10

begin deleteSEC. 4.end delete
11begin insertSEC. 5.end insert  

Section 13004.5 is added to the Elections Code, to
12read:

13

13004.5.  

(a) A jurisdiction shall not purchase, lease, or contract
14for a ballot on demand system unless the ballot on demand system
15has been certified by the Secretary of State.

16(b) A vendor, company, or person shall not sell, lease, or
17contract with a jurisdiction for the use of a ballot on demand system
18unless the ballot on demand system has been certified by the
19Secretary of State.

20(c) This section does not preclude a jurisdiction from conducting
21research and development of a ballot on demand system. A ballot
22on demand system that is used for purposes of this subdivision
23shall not be used in an election conducted pursuant to this code
24unless the system has been certified by the Secretary of State.

25(d) The Secretary of State shall promulgate regulations for
26purposes of certifying ballot on demand systems.



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