Amended in Assembly August 31, 2015

Amended in Assembly June 11, 2015

Amended in Senate April 15, 2015

Senate Bill No. 439

Introduced by Senator Allen

February 25, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 439, as amended, Allen. Election procedures.

(1) 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.

(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.

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. begin insert The bill would require that the electronic poll book end insert begin insert include specified voter registration data. end insert The bill would prohibit the use of an electronic poll book unless it has been certified by the secretary.

(3) Existing law requires the secretary to adopt regulations begin delete (1) end delete begin insert (A) end insert governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and begin delete (2) end delete begin insert (B) end insert 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 begin delete (1) end delete begin insert (A) end insert governing ballot on demand systems, as defined, and begin delete (2) end delete begin insert (B) end insert 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: 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 begin delete any end delete begin insert both end insert of the following on an
as-needed basis:

begin delete

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

end delete begin delete

(b)

end delete

begin insert (a) end insert  Manufacture and finish card stock.

begin delete

(c)

end delete

begin insert (b) end insert  Finish unfinished ballot cards into ballot cards.

SEC. 2.  

Section 2170 of the Elections Code is amended to read:

2170.  

(a) “Conditional voter registration” means a properly
executed affidavit of registration that is delivered by the registrant
to 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 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 begin insert all of end insert 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, begin delete to end delete determine the registrant’s eligibility to register,
and begin delete to end delete 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 registrant’s
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 2550 is added to the Elections Code, to read:

2550.  

(a) For purposes of this section, “electronic poll book”
means an electronic list of registered voters that may be transported
to the polling location. An electronic poll book shall contain begin delete the
same information as the roster described in Section 14107. end delete begin insert all of
the following voter registration data: end insert

begin insert

(1) Name.

end insert begin insert

(2) Address.

end insert begin insert

(3) Precinct.

end insert begin insert

(4) Party preference.

end insert begin insert

(5) Whether or not the voter has been issued a vote by mail
ballot.

end insert begin insert

(6) Whether or not the vote by mail ballot has been recorded
as received by the elections official.

end insert

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

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

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

SEC. 4.  

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 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.
The Secretary of State shall also approve each ballot card
manufacturer, finisher, and ballot on demand system before
manufacturing or finishing ballot 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, 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,
manufactured or finished ballot 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, 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,
manufactured or finished ballot cards, or ballot on demand system
that could adversely affect the future casting or tallying of votes.

SEC. 5.  

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.