BILL ANALYSIS Ó SB 439 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 439 (Allen) - As Amended June 11, 2015 ----------------------------------------------------------------- |Policy |Elections and Redistricting |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes conditional voter registration at satellite offices prior to election day and establishes processes and procedures for the review and approval of ballot on demand systems and electronic poll books, as defined, for use in SB 439 Page 2 California elections. Specifically, this bill: 1)Permits a county elections official to offer conditional voter registration and provisional voting at satellite offices on days prior to election day, rather than solely on election day. 2)Requires the Secretary of State (SOS) to adopt regulations governing the manufacture, finishing, quality standards, distribution, inventory control and certification of ballot on demand systems, and requires the SOS to approve each ballot on demand system before deploying the system for use in California elections. 3)Requires the SOS to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. 4)Prohibits a jurisdiction from purchasing, leasing, or contracting for a ballot on demand system and from using an electronic poll book unless certified by the SOS. FISCAL EFFECT: The SOS would incur ongoing General Fund costs of about $90,000 for one position related to promulgating the regulations and testing and certification of ballot on demand systems and electronic poll books. COMMENTS: SB 439 Page 3 1)Conditional Registration. AB 1436 (Feuer), Chapter 497, Statutes of 2012, established conditional voter registration, also known as "same-day" registration, in California. Specifically, current law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot at the elections official's permanent office during the 14 days immediately preceding an election or on election day. In addition, current law permits conditional voter registration at an elections official's satellite office on election day only. This bill instead authorizes a county elections official to offer conditional voter registration and provisional voting at satellites offices on other days instead of only on election day. 2)Ballot on Demand System. A ballot on demand system is a device that can print ballots on demand for use in elections. In practice, ballot on demand systems are used in elections official's offices and other locations in order to provide any voter with his or her proper ballot regardless of the precinct to which the voter is assigned. Current law requires a ballot on demand system to be approved using the same approval process that is in place for commercial ballot printing operations. Consequently, a ballot on demand system's approval process must be conducted on a county by county (and location by location) basis. For instance, if a single county wants to use a ballot on demand system, that county would have to seek separate approval for each location where they anticipate usage. According to the author, this is very cumbersome and may serve as a disincentive for counties to participate. According to the SOS's website, 18 ballot on demand systems have been approved for use in 13 counties. This bill creates a new certification and approval process SB 439 Page 4 specifically for ballot on demand systems. The bill requires the SOS to adopt regulations governing and certifying a ballot on demand system for use in California elections, as specified, and would allow jurisdictions to purchase and deploy these systems upon certification. 3)Poll Books. An electronic poll book is an electronic version of the traditional paper poll book which contains a list of the registered voters in each precinct or district. An electronic poll book typically looks like a tablet or laptop computer and is used to more quickly and accurately check-in a voter at his or her precinct or voting sites. Many electronic poll books also have the capability to allow a poll worker to look up voters from the entire county or state, connect to a county or state voter registration database, notify a poll worker if a voter has already voted, allow a voter to sign in electronically, produce turnout numbers and lists of those who have voted, and receive immediate updates on who has voted in other voting jurisdictions. In California, however, electronic poll books are in their infancy and simply serve as an electronic list of registered voters in the precinct or district. SB 439 creates a new election-related policy that permits a county elections official to use new technology to assist in checking in voters at polling places and other voting sites, and sets up processes and procedures for the review and approval of electronic poll books for use in California elections. In order to ensure this technology is secure and promotes the integrity of the election, this bill requires the SOS to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books and prohibits an electronic poll book from being used unless it has been certified by the SOS. Analysis Prepared by:Chuck Nicol / APPR. / (916) SB 439 Page 5 319-2081