BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 439|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 439
          Author:   Allen (D)
          Amended:  8/31/15  
          Vote:     21  

           SENATE ELECTIONS & C.A. COMMITTEE:  4-1, 4/21/15
           AYES:  Allen, Hancock, Hertzberg, Liu
           NOES:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/11/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SENATE FLOOR:  23-12, 5/18/15
           AYES:  Allen, Beall, Block, De León, Galgiani, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Roth,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Fuller, Gaines, Huff, Moorlach,  
            Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
           NO VOTE RECORDED:  Berryhill, Cannella, Hall, Pavley

           ASSEMBLY FLOOR:  54-23, 9/3/15 - See last page for vote
           
           SUBJECT:   Election procedures


          SOURCE:    Author

          DIGEST:   This bill permits county elections officials to offer  
          conditional voter registration and provisional voting at  
          satellite offices during the entire 14 days immediately  
          preceding Election Day and establishes criteria for the  
          certification and use of ballot on demand printing systems and  
          electronic poll books.  








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          Assembly Amendments add language to establish criteria for the  
          certification and use of electronic poll books.   

          ANALYSIS: 
          
          Existing law:

          1)Provides that a properly executed affidavit of voter  
            registration shall be deemed effective upon receipt by the  
            elections official if postmarked or received on or before the  
            15th day prior to an election to be held in the registrant's  
            precinct.

          2)Provides for conditional voter registration whereby a  
            qualified person may register to vote after the 15th day prior  
            to an election or on Election Day, and cast a provisional  
            ballot which will be counted if the conditional voter  
            registration is deemed effective.

          3)Requires county elections officials to offer conditional voter  
            registration and provisional voting at its permanent offices,  
            and permits them to offer this type of registration and voting  
            at satellite offices on Election Day. 

          4)Specifies that conditional voter registration, as described  
            above, becomes operative on January 1 of the year following  
            the year in which the Secretary of State (SOS) certifies that  
            the state has a statewide voter registration database that  
            complies with the requirements of the federal Help America  
            Vote Act of 2002 (HAVA).  It is anticipated that this  
            statewide voter database will become operative in 2016,  
            therefore conditional voter registration will commence in  
            2017.

          5)Requires the SOS to adopt regulations governing the  
            manufacture, finishing, quality standards, distribution, and  
            inventory control of ballot cards and requires the biennial  
            inspection of the manufacturing, finishing, and storage  
            facilities involving ballot cards. 

          6)Requires the SOS to also approve each ballot card manufacturer  








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            or finisher before a manufacturer or finisher provides ballot  
            cards for use in California elections.

          7)Requires each precinct board to keep a roster of voters who  
            have voted at the precinct, as specified.  

          8)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:

          1)Permits county elections officials to offer conditional voter  
            registration and provisional voting at satellite offices after  
            the 15th day prior to an election through and including  
            Election Day. 


          2)Requires the SOS to adopt regulations for purposes of  
            certifying ballot on demand systems and requires the SOS to  
            approve each ballot on demand system before the system is  
            deployed for use in California elections. 


          3)Prohibits 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 SOS.


          4)Defines "ballot on demand system" as a self-contained system  
            that allows users to do any of the following on an as-needed  
            basis:


             a)   Manufacture and finish card stock.


             b)   Finish unfinished ballot cards into ballot cards.










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          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.  


          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.  


          Background

          Pending Election Day registration in California.  AB 1436  
          (Feuer, Chapter 497, Statutes of 2012) provided for Election Day  
          voter registration in California but it will not be implemented  
          until 2017, following the certification of VoteCal, the new  
          HAVA-compliant statewide voter database.  While AB 1436 requires  
          county elections officials to offer voter registration and  
          concurrent voting by provisional ballot at the official's  
          permanent office during the 14 days following the normal close  
          of registration through Election Day it limits this convenience  
          to electors at satellite office locations to only Election Day  
          itself.

          Ballot on demand systems.  Ballot on demand printing 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.   
          While some counties are currently using ballot on demand  
          printing systems that have been approved by prior SOS, current  
          statutes require the approval process to be conducted on a  








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          county by county (and location by location) basis which is very  
          cumbersome and serves as a disincentive for counties to  
          participate.  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.

          Electronic 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 have a variety of other functionalities.  For  
          example, many electronic poll books 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.   

          Comments
          
          1)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.

          Legislation providing for Election Day voter registration in  
          California was approved in 2012 but will not be implemented in  
          until 2017.  Under this pending system county elections  
          officials must offer voter registration and concurrent voting by  
          provisional ballot to any qualified elector at the official's  
          office during the 14 days following the normal close of  
          registration through Election Day.  They may also offer this  
          convenience to electors at satellite office locations but can  
          only do so on Election Day itself.









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          BOD printing 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.  While some counties are currently using BOD  
          printing systems that have been approved by prior Secretaries of  
          State, current statutes require the approval process to be  
          conducted on a county by county (and location by location) basis  
          which is very cumbersome and serves as a disincentive for  
          counties to participate.  For instance, if a single county wants  
          to use a BOD system, that county would have to seek separate  
          approval for each location where they anticipate usage.

          Electronic poll books will ultimately permit early voting sites  
          and traditional polling places to be linked to state and/or  
          county voter databases which could be accessed for voting  
          integrity purposes and eventually reduce the need for expensive  
          and time consuming provisional balloting.

          As a way of accommodating what should be an enormous number of  
          last-minute registrants, SB 439 will allow county elections  
          officials to offer voter registration and voting at satellite  
          offices during the entire 14 days immediately preceding Election  
          Day in addition to their main offices.  In order to facilitate  
          this process more securely, cost-effectively and make the  
          experience quicker and more convenient for voters, SB 439 will  
          also establish clear statutory authority and criteria for the  
          use of BOD printing systems and electronic poll books.  

          Related/Prior Legislation
          
          AB 1436 (Feuer, Chapter 497, Statutes of 2012).  See  
          "Background" above, for a description.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No




          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  








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          certification of ballot on demand systems and electronic poll  
          books. 


          SUPPORT:   (Verified9/3/15)


          Secretary of State Alex Padilla
          California Association of Clerks and Election Officials
          California Common Cause 
          California Public Interest Research Group
          California State Council of the Service Employees International  
          Union
          League of Women Voters of California 
          Los Angeles County Board of Supervisors 


          OPPOSITION:   (Verified9/3/15)


          None received

           ASSEMBLY FLOOR:  54-23, 9/3/15
           AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger  
            Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low,  
            McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk,  
            Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Atkins
           NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Dahle,  
            Beth Gaines, Gallagher, Grove, Harper, Jones, Kim, Lackey,  
            Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson,  
            Steinorth, Wagner, Waldron, Wilk
           NO VOTE RECORDED:  Chang, Linder, Olsen




          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          9/3/15 18:47:41








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