BILL ANALYSIS Ó
SB 439
Page 1
SENATE THIRD READING
SB
439 (Allen)
As Amended August 31, 2015
Majority vote
SENATE VOTE: 23-12
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Elections |5-2 |Ridley-Thomas, Gatto, |Grove, Travis Allen |
| | |Low, Mullin, Perea | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |12-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, |
| | |Calderon, Daly, |Jones, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, Quirk, | |
| | |Rendon, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Permits elections officials to offer conditional voter
registration at satellite offices prior to Election Day, as
specified. Establishes processes and procedures for the review
SB 439
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and approval of ballot on demand systems and electronic poll
books, as defined, for use in 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, in addition to Election Day.
2)Defines a "ballot on demand system" to mean a self-contained
system that allows users, on a an as-needed basis to
manufacture or finish ballot sheets or unfinished ballot
cards; manufacture or finish card stock; or finish unfinished
ballot cards into ballot cards,.
3)Requires the Secretary of State (SOS) to adopt regulations
governing the manufacture, finishing, quality standards,
distribution, and inventory control of ballot on demand
systems. Requires the SOS to approve each ballot on demand
system before deploying the system for use in California
elections.
4)Requires the SOS to promulgate regulations for the purpose of
certifying ballot on demand systems.
5)Defines an "electronic poll book" to mean an electronic list
of registered voters that may be transported to the polling
location. Requires an electronic poll book to contain the
following information for each voter: name; address; precinct;
party preference; whether or not the voter has been issued a
vote by mail ballot; and, whether or not the vote by mail
ballot has been recorded as received by the elections
official.
6)Prohibits an electronic poll book from being used unless it
has been certified by the SOS.
SB 439
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7)Requires the SOS to adopt and publish electronic poll book
standards and regulations governing the certification and use
of electronic poll books. Prohibits the SOS from certifying
an electronic poll book unless it fulfills the requirements of
this bill and the SOS's standards and regulations.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, 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: According to the author, "SB 439 would allow a county
elections official to offer voter registration and voting at
satellite offices during the entire 14 days immediately
preceding Election Day and establish criteria for the use of
ballot on-demand (BOD) printing systems and electronic poll
books to facilitate this process as well as other early voting
efforts..."
In 2012, the Legislature approved and Governor signed AB 1436
(Feuer), Chapter 497, Statutes of 2012, which 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 elections official's satellite office on
Election Day only. This bill 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.
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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 officials' 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. This bill
redefines what it means to be a ballot on demand system and
creates a new certification and approval process for ballot on
demand systems, as specified.
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
have a variety of other functionalities.
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. This bill breaks new ground
and creates a new election-related policy that permits a county
elections official to use new technology to assist in checking
voters in 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, as
specified.
Please see the policy committee analysis for a full discussion
of this bill.
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Analysis Prepared by:
Nichole Becker / E. & R. / (916) 319-2094 FN:
0001575