BILL NUMBER: SB 627 CHAPTERED
BILL TEXT
CHAPTER 1073
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE SENATE AUGUST 20, 1998
PASSED THE ASSEMBLY AUGUST 11, 1998
AMENDED IN ASSEMBLY JULY 23, 1998
AMENDED IN ASSEMBLY JUNE 4, 1998
AMENDED IN ASSEMBLY MAY 20, 1998
INTRODUCED BY Senator Karnette
FEBRUARY 25, 1997
An act to amend Sections 2142, 14405, 15500, 15501, 15505, and
15642 of, to amend the heading of Division 15 (commencing with
Section 15000) of, to amend and renumber Sections 14421 and 14423 of,
to amend and renumber the headings of Chapter 8 (commencing with
Section 15400), Chapter 9 (commencing with Section 15450), Chapter 10
(commencing with Section 15500), Chapter 11 (commencing with Section
15550), Chapter 12 (commencing with Section 15600), and Chapter 13
(commencing with Section 15650) of Division 15 of, to add Sections
335.5, 336.5, and 353.5 to, to add Article 3 (commencing with Section
14430) and Article 4 (commencing with Section 14440) to Chapter 4 of
Division 14 of, to add Chapter 2 (commencing with Section 15100) and
Chapter 4 (commencing with Section 15300) to Division 15 of, to
repeal Sections 13245, 14406, 14420, 14422, 15552, and 17500 of, to
repeal Article 6 (commencing with Section 14320) of Chapter 3 of
Division 14 of, to repeal Article 5 (commencing with Section 15645)
of Chapter 12 of Division 15 of, to repeal Chapter 2 (commencing with
Section 15050), Chapter 4 (commencing with Section 15200), Chapter 5
(commencing with Section 15250), Chapter 6 (commencing with Section
15300), and Chapter 7 (commencing with Section 15350) of Division 15
of, to repeal and add Sections 301, 14403, and 14404 of, and to
repeal and add Chapter 1 (commencing with Section 15000) and Chapter
3 (commencing with Section 15150) of Division 15 of, the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 627, Karnette. Elections: counting votes.
Existing law sets forth election day procedures for precinct
boards and elections officials, and procedures for counting votes,
including manual and automated counting, counting at the precinct and
at central locations, the semiofficial and official canvass of
votes, and snap tallies.
This bill would repeal and reenact many of those provisions in a
renumbered, amended, and reorganized form. The bill would renumber
numerous existing sections without substantive change. The bill also
would make technical changes, and changes to conform terminology.
Existing elections law defines the term "ballot."
This bill would repeal, reenact, and recast that provision to
reflect current terminology and the use of different voting systems.
This bill would define the terms "official canvass," "1% manual
tally," and "semifinal official canvass" for the purposes of the
bill.
Under existing law, if the county elections official refuses to
register any qualified elector in the county, the elector may bring
an action in superior court to compel the registration and as many
persons may join as plaintiffs as have causes of action.
This bill would impose a state-mandated local program by applying
the same rights and procedures to persons who claim to have
registered to vote through any public agency designated as a voter
registration agency under the federal National Voter Registration Act
of 1993 but are denied registration by the county elections
official.
Existing law establishes procedures for the defacing of unused
ballots, and for the destruction of unused ballots.
This bill would repeal, reenact, and reorganize those procedures,
and would provide that the ballots may be recycled, as specified.
Existing law requires that a write-in vote for a candidate be
marked with a rubber stamp or marking device, permits the use of a
pen or pencil in writing in the name of a candidate on a ballot, and
specifies the use of a stamp or other marking device in marking a
ballot.
This bill would repeal those provisions.
Existing law establishes procedures for segregating damaged
ballots that are to be duplicated, establishes procedures for the
examination and tallying of ballots and ballot cards in regard to
write-in votes, and establishes procedures for canvassing absentee
ballots.
This bill would repeal and reenact those provisions in a
reorganized form, and would require the provisions of the reorganized
chapter to apply to the processing of absentee ballots during the
29-day period prior to any election, during the semifinal official
canvass, and during the official canvass. The bill also would
establish procedures for processing absentee ballots to include
opening absentee ballot envelopes, removing ballots, duplicating
damaged ballots, and preparing the ballots to be machine read, and
machine-reading the ballots.
Existing law requires that a copy of each computer election vote
program for a statewide or special state election to fill vacancies
be deposited with the Secretary of State, and specifies how the
program is to be preserved.
This bill would repeal and reenact those provisions in a
reorganized form relating to preparations for canvass by elections
officials, and would establish additional procedures for the
Secretary of State to follow for secure preservation of the computer
program.
Existing law authorizes the Secretary of State to approve voting
systems.
This bill would require the elections official, no later than 7
days prior to an election, to test the device that will be used to
tabulate ballots to ensure the accuracy of the device. The bill also
would require the Secretary of State, no later than January 1 of
each even-numbered year, to review and amend administrative
procedures, as necessary, for use with the voting systems approved by
the Secretary of State. The bill also would require elections
officials to adopt semifinal official canvass and official canvass
procedures to conform to the applicable voting systems procedures
that have been approved by the Secretary of State, and would require
that the procedures be available for public inspection no later than
29 days prior to each election.
Existing law establishes general provisions for procedures for
vote counting in precincts, and establishes manual vote counting as
the default vote counting procedure for all elections.
This bill would repeal and reenact those provisions in a
reorganized form. The bill would also restrict application of the
reorganized provisions to only those elections where ballots are
counted by hand.
Existing law establishes procedures for the return of supplies
from the polls to elections officials, establishes procedures for
snap tallies, establishes supplemental counting boards, and
establishes procedures for vote counting in a central place.
This bill would repeal and reenact those provisions in a
reorganized form. The bill also would repeal those provisions
regarding preparation of tally sheets, the requirement of counting
votes in public, and the manner of preparing returns, and would
establish that the procedures for manual vote counts at a central
place are the same as the procedures used for manual vote counts in
the precincts.
Existing law establishes election return centers and requires the
elections officials to tabulate, total, and make available to the
public the results received as to the offices and measures voted
upon, as specified.
This bill would repeal and reenact those provisions in reorganized
form. The bill would also authorize multiple counting centers, the
use of telephone, facsimile, or modem transmission of results, and
recast vote counting procedures to follow the vote counting
procedures as specified for automatic vote counting in a central
place.
Existing law establishes procedures for a semiofficial canvass.
This bill would repeal the term "semiofficial canvass" and instead
would establish and define the term "semifinal official canvass,"
and would repeal and reenact the general provisions relating to the
above-described canvass in a reorganized form. The bill also would
repeal and reenact, in a reorganized form, with other provisions
relating to automated vote counts in a central location, those
provisions relating to counting procedures for elections using
automated voting systems. The bill also would repeal and reenact
provisions relating to the duplication of damaged ballot cards, and
would repeal provisions relating to the duplication of absentee
ballots onto punchcards, procedures for the processing, counting, and
machine tabulation of absentee ballots, and a procedure relevant to
the final canvass.
Existing law establishes procedures for the official canvass and
for the canvass of write-in votes.
This bill would repeal and reenact those provisions in a
reorganized form. The bill also would define the elements of the
official canvass and provide procedures for marking write-in votes
for various voting systems, as specified.
This bill would require that absentee and mail precinct ballots
that are not included in the semifinal official canvass be processed
and counted during the official canvass, as specified.
This bill would require that provisional ballots be processed and
counted pursuant to procedures established for processing absentee
ballots.
Existing law establishes procedures for a manual recount, after
each election, of 1% of the precincts and one additional precinct for
each race not included in the initial group of precincts, or, if 1%
is less than one whole precinct, of one precinct, as specified, and
requires the 1% manual recount to be accomplished within 15 days
after the official canvass.
This bill would repeal and reenact those provisions, would recast
the language of the provisions, would repeal the 15-day time
limitation, and instead, would authorize the 1% tally to occur during
the official canvass.
Existing law authorizes the recycling of unused ballots by
elections officials, as specified, and requires elections officials
to file an affidavit as to the number of ballots recycled.
This bill would repeal and reenact those provisions in a
reorganized form with provisions relating to the destruction of
ballots, and in addition, require that the above-described affidavit
be filed no later than 30 days following the last day to certify the
official results of the election. The bill also would permit, at the
discretion of elections officials, recycling of the unused ballots
up to 6 months following an election, or at the conclusion of an
election contest proceeding, whichever is later.
Existing law requires any tape used in programming vote totals to
be kept under lock and seal and, if there is a recanvass of votes,
for the officer entrusted with the tape to submit an affidavit
stating that the subject tapes are the true tapes used in the
election and have not been altered.
This bill, in addition, would make those provisions applicable to
any diskette, cartridge, or other magnetic or electronic storage
medium used in programming the vote totals, and require storage of
those media in a "secure place," rather than under lock and seal.
This bill would renumber various sections and make technical and
conforming changes in terminology.
Existing law establishes that every person charged with the
performance of any duty relating to elections, as specified, is
guilty of a crime where that person willfully neglects or refuses to
perform the duty.
This bill would impose a state-mandated local program by imposing
additional duties on local elections officials, and by expanding the
definition of a crime, in view of existing law that provides that the
willful neglect of, or refusal to perform, the above-described
duties is a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, with regard to certain mandates, no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 301 of the Elections Code is repealed.
SEC. 2. Section 301 is added to the Elections Code, to read:
301. A "ballot" means any of the following:
(a) A single card with prescored, number positions that is marked
by the voter with a punching device and the accompanying reference
page or pages containing the names of candidates and the ballot
titles of measures to be voted on with numbered positions
corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the
candidates and the ballot titles of measures to be voted on by
punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names
of candidates and the ballot titles of measures to be voted on by
marking the designated area and that are tabulated manually or by
optical scanning equipment.
(d) A large sheet of paper upon which is printed the names of
candidates and ballot titles of measures to be voted on by pressing
the designated area on a direct-recording electronic device.
(e) An electronic touchscreen upon which appears the names of
candidates and ballot titles of measures to be voted on by touching
the designated area on the screen of a direct-recording electronic
device.
SEC. 3. Section 335.5 is added to the Elections Code, to read:
335.5. The "official canvass" is the public process of processing
and tallying all ballots received in an election, including, but not
limited to, provisional ballots and absentee ballots not included in
the semifinal official canvass. The official canvass also includes
the process of reconciling ballots, attempting to prohibit duplicate
voting by absentee and provisional voters, and performance of the
manual tally of 1 percent of all precincts.
SEC. 4. Section 336.5 is added to the Elections Code, to read:
336.5. "One percent manual tally" is the public process of
manually tallying votes in 1 percent of the precincts, selected at
random by the elections official, and in one precinct for each race
not included in the randomly selected precincts. This procedure is
conducted during the official canvass to verify the accuracy of the
automated count.
SEC. 5. Section 353.5 is added to the Elections Code, to read:
353.5. The "semifinal official canvass" is the public process of
collecting, processing, and tallying ballots and, for state or
statewide elections, reporting results to the Secretary of State on
election night. The semifinal official canvass may include some or
all of the absentee and provisional vote totals.
SEC. 6. Section 2142 of the Elections Code is amended to read:
2142. (a) If the county elections official refuses to register
any qualified elector in the county, the elector may proceed by
action in the superior court to compel his or her registration. In
an action under this section, as many persons may join as plaintiffs
as have causes of action.
(b) If the county elections official has not registered any
qualified elector who claims to have registered to vote through the
Department of Motor Vehicles or any other public agency designated as
a voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector may
proceed by action in the superior court to compel his or her
registration. In an action under this section, as many persons may
join as plaintiffs as have causes of action.
SEC. 7. Section 13245 of the Elections Code is repealed.
SEC. 8. Article 6 (commencing with Section 14320) of Chapter 3 of
Division 14 of the Elections Code is repealed.
SEC. 9. Section 14403 of the Elections Code is repealed.
SEC. 10. Section 14403 is added to the Elections Code, to read:
14403. Immediately upon the closing of the polls and before any
voted ballot is taken from any of the ballot containers, the precinct
board member shall, in the presence of all persons in the room who
may desire to observe them, proceed to render the unused ballots
unusable in one of the following ways:
(a) By drawing across its face, in ink or indelible pencil, two
lines that cross each other, the cross to be more than three inches
square. The precinct board member shall thereupon, immediately and
before any ballots are taken from any ballot container, place all
defaced ballots within an envelope or other receptacle provided for
that purpose.
(b) By tearing or cutting in a manner so that it is apparent that
the ballot has been intentionally destroyed to prevent its use. If
this method of destruction is used, it shall be done in a manner so
that the serial number of the ballots is retained for the purposes of
reconciliation.
(c) By placing all of the unused ballots into a special container
provided for that purpose. A tamperproof seal containing spaces for
entering the total number of unused ballots enclosed, the beginning
and ending serial numbers thereof, and signature lines for all
members of the precinct board following a statement certifying that
all of the ballots were placed in the container in their presence and
the information on the seal is true and correct, shall be provided.
After signing the seal, it shall be placed on the container in a
manner so that the container cannot be opened without tearing the
seal.
SEC. 11. Section 14404 of the Elections Code is repealed.
SEC. 12. Section 14404 is added to the Elections Code, to read:
14404. Immediately upon the arrival of the hour when the polls
are required by law to be closed on election day, the elections
official conducting the election shall openly, in the elections
official's main office, in the presence of any persons who are
present to observe, according to the procedure set forth in Section
14403, proceed to render every unused ballot remaining in the control
of the elections official unusable. The elections official shall
forthwith make and file an affidavit, in writing, as to the number of
ballots destroyed. If the procedure in subdivision (c) of Section
14403 is used, the tamperproof seal shall be signed by the elections
official and at least one deputy or assistant elections official or
registrar. The sealed container shall then be placed, with the
sealed containers containing unused ballots from the precincts, in a
security area by the elections official until disposition is made
pursuant to Section 17301 or 17302.
Alternatively, the elections official may, immediately upon the
arrival of the hour when the polls are closed, recycle for any other
lawful purpose any unused ballots remaining in the control of the
elections official that clearly identify the election for which they
were prepared. No later than 30 days following the last day to
certify the official results of the election, the elections official
shall make and file an affidavit, in writing, as to the number of
ballots recycled. At the elections official's discretion, the unused
ballots may be recycled up to six months following an election or at
the conclusion of an election contest proceeding, whichever is
later.
SEC. 13. Section 14405 of the Elections Code is amended to read:
14405. (a) The members of the precinct board shall account for
the ballots delivered to them by returning a sufficient number of
unused ballots to make up, when added to the number of official
ballots cast and the number of spoiled and canceled ballots returned,
the number of ballots given to them. The officers receiving
returned ballots shall compel this accounting.
(b) The precinct board shall complete the roster as required in
Section 14107, and shall also complete and sign the certificate of
performance prescribed in Section 15280, if that section applies.
SEC. 14. Section 14406 of the Elections Code is repealed.
SEC. 15. Section 14420 of the Elections Code is repealed.
SEC. 16. Section 14421 of the Elections Code is amended and
renumbered to read:
14420. (a) As soon as the polls are closed, the precinct board
shall remove the voted ballots from the ballot container and take
them out of the secrecy envelopes or detach them from the secrecy
stubs. Where the envelope or stub is also the write-in ballot, and a
write-in vote has been registered thereon, the ballot card shall not
be separated from the envelope or stub. If two or more separate
ballot cards have been used in the election, the precinct board shall
sort them into groups, each of which shall contain the same series
of ballot cards.
(b) After completing the action described in subdivision (a), the
precinct board shall count the number of ballot cards in each group,
and certify the number of ballots cast on the voting roster as
provided by Section 14105. If there is any discrepancy between the
number of voters listed in the roster and the number of ballots
voted, this fact shall be noted with an explanation of the difference
and signed by all the members of the precinct board.
SEC. 17. Section 14422 of the Elections Code is repealed.
SEC. 18. Section 14423 of the Elections Code is amended and
renumbered to read:
14421. The precinct board shall group voted ballot cards and
voted separate write-in ballots, as directed by the elections
official, and place them in containers. The board shall also place
spoiled and void ballots, if any, in containers as directed by the
elections official. All of these ballots, along with the containers
for voted ballot cards, shall be placed in one or more boxes, which
shall then be sealed and delivered as soon as possible to the
receiving centers or central counting places with the unused ballots,
supplies, and other materials as directed by the elections official.
SEC. 19. Article 3 (commencing with Section 14430) is added to
Chapter 4 of Division 14 of the Elections Code, to read:
Article 3. Return of Supplies to the Clerk
14430. The precinct board, as soon after the polls are closed as
possible, shall prepare the supplies, including the copies of the
index posted at or near the polling place, and records of the
election for delivery to the elections official.
14431. The precinct board shall enclose and seal in one or more
packages, as determined by the elections official, all voted,
spoiled, canceled, or unused ballots.
14432. The precinct board shall enclose and seal in one or two
packages, as determined by the elections official, all of the
following:
(a) Two tally sheets, if ballots are to be tabulated manually at
the precinct.
(b) The roster of voters.
(c) The copy of the index used as the voting record.
(d) The challenge list.
(e) The assisted voter's list.
14433. If ballots are counted at precincts pursuant to Article 3
(commencing with Section 15340) or Article 5 (commencing with Section
15360) of Chapter 4 of Division 15, the precinct board immediately
shall transmit, unsealed, to the elections official a statement
showing the result of the votes cast at the polling place. The
statement shall be open to public inspection.
14434. The sealed packages containing the lists, papers, and
ballots shall be delivered by two of its members without delay,
unopened, to the elections official or to a receiving station
designated by the elections official.
14435. No list, tally, paper, or certificate returned from any
election shall be set aside or rejected for want of form, nor because
it is not strictly in accordance with this code, if it can be
satisfactorily understood.
SEC. 20. Article 4 (commencing with Section 14440) is added to
Chapter 4 of Division 14 of the Elections Code, to read:
Article 4. Snap Tallies
14440. Before any election, the governing body of the
jurisdiction holding the election shall decide that certain offices
or measures to be voted on are of more than ordinary public interest
and require an early tabulation and announcement. The decision shall
be transmitted to the elections official not less than 30 days
before the election.
14441. The elections official shall prepare and forward to each
selected precinct forms containing a list of the offices and measures
designated as being of more than ordinary interest, and stating the
number of ballots to be counted for the snap tally. In each general
election, the special form shall, for each office listed on it,
include the names of all candidates for that office whose names
appear on the ballot.
The inspector at each selected precinct shall note the results of
the count and the total number of votes cast in the precinct on the
snap tally forms as soon as the designated number of ballots has been
tallied. The inspector shall then communicate the figures in the
manner directed by the elections official. In each general election,
the figures shall include the votes cast for every candidate whose
name appears on the ballot for an office listed on the forms. The
inspector shall continue, each time the designated number of ballots
have been tallied, to note and report the results as directed.
14442. Upon receipt from the precincts of the reports of votes
cast on the specially designated offices and measures, the elections
official shall tabulate the results and make the results available to
the public. In each general election, all these reports of the
election results shall include the votes cast for all candidates
whose names appear on the ballot for each office for which returns
are reported.
14443. If ballots are counted by means of electronic,
electromechanical, or punchcard device, the elections official may
provide for early tabulation and announcement of the returns in a
manner consistent with the use of the tabulating devices.
SEC. 21. The heading of Division 15 (commencing with Section
15000) of the Elections Code is amended to read:
DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS,
RECOUNT, AND TIE VOTE PROCEDURES
SEC. 22. Chapter 1 (commencing with Section 15000) of Division 15
of the Elections Code is repealed.
SEC. 23. Chapter 1 (commencing with Section 15000) is added to
Division 15 of the Elections Code, to read:
CHAPTER 1. PREPARATION FOR CANVASS
15000. No later than seven days prior to any election conducted
pursuant to this code, the elections official shall conduct a test or
series of tests to ensure that every device used to tabulate ballots
accurately records each vote. The exact methods employed in this
test shall conform to the voting procedures for the specific voting
systems, as adopted by the Secretary of State.
15001. (a) A copy of each election computer vote count program
for a statewide election or state special election to fill vacancies
shall be deposited with the Secretary of State. The copy of the
election computer vote count program shall be received by the
Secretary of State no later than 5 p.m. on the seventh day before
the election.
(b) If the election computer vote count program is modified or
altered after the submission specified in subdivision (a), the
elections official immediately shall deposit the subsequent program
no later than 12 p.m. on the day of the election.
(c) The Secretary of State shall hold the deposited programs for a
period of not less than six months, at which time the program shall
be returned to the elections official.
(1) The elections official shall preserve the returned program for
a period of 16 months.
(2) The programs deposited in accordance with this section shall
be used only for a recanvass of the vote, an official recount, court
action, or for logic and accuracy tests required by the Secretary of
State.
(3) Any tape, diskette, cartridge, or other magnetic or electronic
storage medium containing the vote count program submitted pursuant
to this section shall be maintained by the Secretary of State in a
secure location when not in use for an official purpose specified in
paragraph (2).
(d) The Secretary of State may, by mandamus or other appropriate
proceeding, require and compel the county elections officials to
submit the computer vote count program specified in subdivision (a).
Venue for a proceeding under this section shall be exclusively in
Sacramento County.
15002. No later than January 1 of each even-numbered year, the
Secretary of State shall review, and if necessary amend,
administrative procedures for use with each of the voting systems
pursuant to Division 19.
15003. Elections officials shall adopt semifinal official and
official canvass procedures to conform to the applicable voting
system procedures that have been approved by the Secretary of State.
These procedures shall be available for public inspection no later
than 29 days before each election.
15004. The county central committee of each qualified political
party may employ, and may have present at the central counting place
or places, not more than two qualified data processing specialists or
engineers to check and review the preparation and operation of the
tabulating devices, their programming and testing, and have the
specialists or engineers in attendance at any or all phases of the
election.
SEC. 24. Chapter 2 (commencing with Section 15050) of Division 15
of the Elections Code is repealed.
SEC. 25. Chapter 2 (commencing with Section 15100) is added to
Division 15 of the Elections Code, to read:
CHAPTER 2. ABSENTEE BALLOT PROCESSING
15100. The provisions of this chapter apply to the processing of
absentee ballots during the 29-day period before any election, during
the semifinal official canvass, and during the official canvass.
15101. (a) Any jurisdiction in which absentee ballots are cast
may begin to process absentee ballot return envelopes beginning 29
days before the election. Processing absentee ballot return
envelopes may include verifying the voter's signature on the absentee
ballot return envelope and updating voter history records.
(b) Any jurisdiction having the necessary computer capability may
start to process absentee ballots on the seventh day prior to the
election. Processing absentee ballots includes opening absentee
ballot return envelopes, removing ballots, duplicating any damaged
ballots, and preparing the ballots to be machine read, or machine
reading them, but under no circumstances may a vote count be accessed
or released until 8 p.m. on the day of the election. All other
jurisdictions shall start to process absentee ballots at 5 p.m. on
the day before the election.
(c) Results of any absentee ballot tabulation or count shall not
be released prior to the close of the polls on the day of the
election.
15102. The official shall appoint a special counting board or
boards in numbers that he or she deems adequate to count the absentee
ballots. The official shall provide for the forms of tally books
and the distribution of the duties of the members of the canvassing
board.
When the tally is done by hand, there shall be no less than four
persons for each office or proposition to be counted. One shall read
from the ballot, the second shall keep watch for any error or
improper vote, and the other two shall keep the tally.
15103. The elections official shall pay a reasonable compensation
to each member of the canvassing board of absentee ballots. This
compensation shall be paid out of the treasury of the agency
conducting the election as other claims against it are paid.
15104. (a) The processing of absentee ballot return envelopes,
and the processing and counting of absentee ballots shall be open to
the public, both prior to and after the election.
(b) Any member of the county grand jury, and at least one member
each of the Republican county central committee, the Democratic
county central committee, and of any other party with a candidate on
the ballot, and any other interested organization, shall be permitted
to observe and challenge the manner in which the absentee ballots
are handled, from the processing of absentee ballot return envelopes
through the counting and disposition of the ballots.
(c) The elections official shall notify absentee voter observers
and the public at least 48 hours in advance of the dates, times, and
places where absentee ballots will be processed and counted.
(d) Absentee voter observers shall be allowed sufficiently close
access to enable them to observe and challenge whether those
individuals handling absentee ballots are following established
procedures, including all of the following:
(1) Verifying signatures and addresses by comparing them to voter
registration information.
(2) Duplicating accurately any damaged or defective ballots.
(3) Securing absentee ballots to prevent any tampering with them
before they are counted on election day.
(e) No absentee voter observer shall interfere with the orderly
processing of absentee ballot return envelopes or processing and
counting of absentee ballots, including touching or handling of the
ballots.
15105. Prior to processing and opening the identification
envelopes of absent voters, the elections official shall make
available a list of absent voters for public inspection, from which
challenges may be presented. Challenges may be made for the same
reasons as those made against a voter voting at a polling place. In
addition, a challenge may be entered on the grounds that the ballot
was not received within the time provided by this code or that a
person is imprisoned for a conviction of a felony. All challenges
shall be made prior to the opening of the identification envelope of
the challenged absent voter.
15106. Except as otherwise provided, the processing of absentee
ballot return envelopes, the processing and counting of absentee
ballots, and the disposition of challenges of absentee ballots shall
be according to the laws now in force pertaining to the election for
which they are cast. Because the voter is not present, the
challenger shall have the burden of establishing extraordinary proof
of the validity of the challenge at the time the challenge is made.
15107. If a challenge is overruled, the board shall open the
identification envelope without defacing the affidavit printed on it
or mutilating the enclosed ballot and, without viewing the ballot,
remove it and destroy the numbered slip, if any remains, and store
the ballots in a secure location.
15108. If a challenge is allowed, the board shall endorse on the
face of the identification envelope the cause of the challenge and
its action thereon.
15109. Except as otherwise provided in this chapter, the counting
and canvassing of absentee ballots shall be conducted in the same
manner and under the same regulations as used for ballots cast in a
precinct polling place.
15110. Reports to the Secretary of State of the findings of the
canvass of absentee ballots shall be made by the elections official
pursuant to Chapter 3 (commencing with Section 15150) and Chapter 4
(commencing with Section 15300).
15111. The elections official shall keep an accurate list of all
voters who have received and voted an absentee ballot at each
election and compare this list with the roster of voters as provided
in Section 2207.
15112. When elections are consolidated pursuant to Division 10
(commencing with Section 10000), and only one form of ballot is used
at the consolidated election, the ballots cast by absent voters shall
be counted only in connection with elections to which absent voter
privileges have been extended by law.
Whenever the period of time within which absent voters' ballots
shall be received by the elections official in order to be counted,
as provided for any election by this code or any other law of this
state, is different from that period of time provided for another
election, and the elections are consolidated and only one form of
ballot used for both elections, all absent voters' ballots issued for
the consolidated election may be counted for both elections if
received by the elections official within whichever period of time
that is the longer.
SEC. 26. Chapter 3 (commencing with Section 15150) of Division 15
of the Elections Code is repealed.
SEC. 27. Chapter 3 (commencing with Section 15150) is added to
Division 15 of the Elections Code, to read:
CHAPTER 3. SEMIFINAL OFFICIAL CANVASS
Article 1. General Provisions
15150. For every election the elections official shall conduct a
semifinal official canvass by tabulating absentee and precinct
ballots and compiling the results. The semifinal official canvass
shall commence immediately upon the close of the polls and shall
continue without adjournment until all precincts are accounted for.
15151. (a) The elections official shall transmit the semifinal
official results to the Secretary of State in the manner and
according to the schedule prescribed by the Secretary of State prior
to each election, for the following:
(1) All candidates voted for statewide office.
(2) All candidates voted for the following offices:
(A) State Assembly.
(B) State Senate.
(C) Member of the United States House of Representatives.
(D) Member of the State Board of Equalization.
(E) Justice of the Court of Appeals.
(3) All persons voted for at the presidential primary or for
electors of President and Vice President of the United States.
(4) Statewide ballot measures.
(b) The elections official shall transmit the results to the
Secretary of State at intervals no greater than two hours, following
commencement of the semifinal official canvass.
15152. Neither the elections official, any member of a precinct
board, nor any other person shall count any votes, either for a
ballot proposition or candidate, until the close of the polls in that
county. After that time, the ballots for all candidates and ballot
propositions voted upon solely within the county shall be counted and
the results of the balloting made public. However, the results for
any candidate or ballot proposition also voted upon in another county
or counties shall not be made public until after all the polls in
that county and the other county or counties have closed. This
paragraph applies regardless of whether the counting is done by
manual tabulation or by a vote tabulating device.
15153. During the semifinal official canvass, write-in votes
shall be counted in accordance with Article 3 (commencing with
Section 15340) of Chapter 4.
15154. (a) Any ballot that is not marked as provided by law or
that is marked or signed by the voter so that it can be identified by
others shall be rejected. The rejected ballots shall be placed in
the package marked for voted ballots or
in a separate container as directed by the
elections official. All rejected ballots shall have written thereon
the cause for rejection and be signed by a majority of processing
board members who are assigned by the elections official to process
ballots.
(b) The following ballot conditions shall not render a ballot
invalid:
(1) Soiled or defaced.
(2) Two or more impressions of the voting stamp or mark in one
voting square.
(c) If a voter indicates, either by a combination of both marking
and writing in, a choice of more names than there are candidates to
be elected or nominated for any office, or if for any reason the
choice of the voter is impossible to determine, the vote for that
office shall not be counted, but the remainder of the ballot, if
properly marked, shall be counted.
(d) This section applies to all ballots counted pursuant to this
chapter and Chapter 4 (commencing with Section 15300).
Article 2. Automated Count in a Central Location
15200. If paper ballots are used in conjunction with this system,
counting shall be as provided in Article 5 (commencing with Section
15270) and Article 6 (commencing with Section 15290).
15201. (a) As soon as the polls are closed, the precinct board
shall, in the presence of the public do all of the following:
(1) Seal the container used to transport voted ballots and insure
that the precinct number is designated on the ballot container.
(2) Certify, sign, and seal the several packages or envelopes as
directed by the elections official.
(3) By not less than two of their number, deliver the ballot
container and packages to the elections official at the central
counting place in the manner prescribed by the elections official.
The ballot container and packages shall remain in their exclusive
possession until delivered to the elections official.
(b) This section also applies to ballots counted manually pursuant
to Article 6 (commencing with Section 15290).
15202. If the ballots are to be counted at a central counting
place, no fewer than two precinct board members shall, following the
close of the polls, deliver the ballots, in a sealed container, to
the central counting place or a designated receiving station. There
may be two or more central counting places.
15203. The vote tabulating device may be located at any place
within the state approved by the elections official of the county or
other political subdivision using the device. The same device may be
jointly owned, borrowed, leased, or used by two or more counties,
cities, or other political subdivisions to tabulate ballots cast in
any election.
15204. All proceedings at the central counting place, or counting
places, if applicable, shall be open to the view of the public but
no person, except one employed and designated for the purpose by the
elections official or his or her authorized deputy, shall touch any
ballot container. Access to the area where electronic data
processing equipment is being operated may be restricted to those
persons authorized by the elections official.
15205. (a) A person may be employed to count, tally, and certify
the ballots if he or she is not a candidate at the election and if he
or she satisfies either of the following requirements:
(1) Has the qualifications required for a precinct board member.
(2) Is a deputy or employee of either of the following:
(A) The governing board.
(B) The elections official.
(b) No person selected to count ballots need reside in any
particular precinct.
15206. The elections official or any deputy authorized by the
elections official may excuse or dismiss any person from any counting
board and enforce the order.
15207. The elections official or authorized deputy shall
segregate the persons employed to count the ballots into counting
boards. These counting boards shall be deemed to be precinct boards,
and are subject to all laws governing precinct boards where ballots
are counted at the polling place.
15208. Each container of ballots shall be opened and its contents
removed. The ballots shall be checked to ascertain if the ballots
are properly grouped and shall be arranged, if necessary, so that all
similar ballots from the precinct are together.
Any ballot that is torn, bent, or mutilated shall be segregated in
the manner directed by the elections official and a duplicate shall
be prepared as provided in Section 15210. Any ballot that is marked
in a manner so as to identify the voter shall be marked "Void" and
shall be placed in the container for void ballots.
15209. Any magnetic or electronic storage medium used for the
ballot tabulation program and any magnetic or electronic storage
medium containing election results shall be kept in a secure location
and shall be retained for six months following any local election
and 22 months following any federal election or so long thereafter as
any contest involving the vote at the local or federal election
remains undetermined.
15210. In preparing the voted ballots for processing, any ballot
that is torn, bent, or otherwise defective shall be corrected so that
every vote cast by the voter shall be counted by the automatic
tabulating equipment. If necessary, a true duplicate copy of the
defective ballot shall be made and substituted therefor, following
the intention of the voter insofar as it can be ascertained from the
defective ballot. All duplicate ballots shall be clearly labeled
"duplicate," and shall bear a serial number that shall be recorded on
the damaged or defective ballot.
15211. If paper ballots are used for absentee voting, the canvass
may be conducted in accordance with Chapter 1 (commencing with
Section 15000), or the elections official may have a true duplicate
copy of absentee voter paper ballots made on punchcard ballots that
shall be verified in the presence of witnesses. After verification
the punchcard ballots shall be counted in the same manner as other
punchcard ballots.
15212. If voting at all precincts within a county is not
conducted using the same voting system, the result as to the
precincts not subject to this article shall be determined in
accordance with other provisions of this code and the result of the
vote at precincts subject to this article shall be determined as
provided in this article. The statement of the vote in that case
shall represent the consolidation of all the results and the results
of the canvass of all absent voter ballots.
15213. In case of an emergency in which it becomes impossible to
transport the ballots from the precinct to a central counting place,
the elections official may direct that the ballots be counted at the
precinct. In those cases, counting shall be conducted substantially
in accordance with Article 5 (commencing with Section 15270).
Article 3. Automated Vote Count in Precincts
15250. The ballots may be counted at the polls if a counting or
tabulating machine approved therefor pursuant to Article 1
(commencing with Section 19200) of Chapter 3 of Division 19 is
available at the polls.
15251. Upon receipt of the result of votes cast from the precinct
boards, the elections official shall compile and make available to
the public the results so received as to the offices and measures.
Article 4. Establishing Election Return Centers and Multiple
Counting Centers
15260. (a) The elections official of the jurisdiction shall
establish one or more election return centers for the purpose of
facilitating the compilation of election returns and expediting their
announcement to the public.
(b) In establishing a return center, the elections official may
designate a group of precincts which the center shall serve and this
designation shall be available for public inspection no later than 15
days before the election. The election return center may be at any
public place as the elections official designates.
15261. The elections official may establish one or more multiple
centers to count ballots from designated precincts and transmit the
results via telephone, facsimile transmission, or modem. The count
shall be conducted in all other respects in accordance with the
central counting provisions of Article 2 (commencing with Section
15200). The list of designated precincts for each multiple counting
center shall be available for public inspection no later than 15 days
before the election.
Article 5. Manual Vote Count in the Precinct
15270. This article applies to all elections in which ballots are
counted by hand.
15271. As soon as the polls are finally closed, the precinct
board shall commence to count the votes by taking the ballots cast,
unopened, out of the box and counting them to ascertain whether the
number of ballots corresponds with the number of signatures on the
roster. The precinct board shall make a record upon the roster of
the number of ballots in the ballot box, the number of signatures on
the roster, and the difference, if any.
15272. The count shall be public and shall be continued without
adjournment until completed and the result is declared. During the
reading and tallying, the ballot read and the tally sheet kept shall
be within the clear view of watchers.
15273. Unless otherwise provided in this code, the precinct board
members may not constitute themselves into separate squads in an
attempt to conduct more than one count of the ballots at the same
time.
15274. The members of the precinct board may relieve each other
in the duties of counting ballots.
15275. Those ballots not rejected shall be placed in one pile,
and the board shall proceed to count by tallying the vote for one or
more offices or measures at a time.
15276. The precinct board members shall ascertain the number of
votes cast for each person and for and against each measure in the
following manner:
One precinct board member shall read from the ballots. As the
ballots are read, at least one other precinct board member shall keep
watch of each vote so as to check on any possible error or omission
on the part of the officer reading or calling the ballot.
15277. (a) Two of the precinct board members shall each keep a
tally sheet in a form prescribed by the elections official. Each
tally sheet shall contain all of the following:
(1) The name of each candidate being voted for and the specific
office for which each candidate is being voted. The offices shall be
in the same order as on the ballot.
(2) A list of each measure being voted upon.
(3) Sufficient space to permit the tallying of the full vote cast
for each candidate and for and against each measure.
(b) The precinct board members keeping the tally sheets shall
record opposite each name or measure, with pen or indelible pencil,
the number of votes by tallies as the name of each candidate or
measure voted upon is read aloud from the respective ballot.
(c) Immediately upon the completion of the tallies, the precinct
board members keeping the tally shall draw two heavy lines in ink or
indelible pencil from the last tally mark to the end of the line in
which the tallies terminate and initial that line. The total number
of votes counted for each candidate and for and against each measure
shall be recorded on the tally sheets in words and figures.
15278. No precinct board member may make any tally of votes in
any other manner than is provided in this article, nor in any place
other than on the tally sheets provided for that purpose.
15279. The ballots, as soon as all of the names and measures
marked on them as voted for are read and tallied, shall not
thereafter be examined by any person, but, as soon as all are
counted, shall be carefully sealed in a strong envelope. The
signatures of each member of the precinct board shall be written
across the seal.
15280. The precinct board shall complete, sign, and return to the
elections official all furnished forms requiring its signatures.
When votes are counted at the precinct, all members of the
precinct board, upon the completion of their duties, shall sign the
following certificate of performance, which shall be substantially in
the following form:
Certificate of Performance
for ____ precinct, for the ____ election, held on the ____ day of
____, (year).
We hereby certify that the total number of votes received by each
candidate for each office and the total number of votes cast for and
against each measure is as indicated on the tally sheets.
We further certify that the results of votes cast forms posted
outside the polling place and transmitted to the county elections
official show the total number of votes received by each candidate
for each office and the total number of votes cast for and against
each measure is as indicated.
_______________________________
_______________________________
Inspector
Clerk
_______________________________
_______________________________
Assistant Inspector
Clerk
_______________________________
_______________________________
Judge
Clerk
_______________________________
_______________________________
Judge
Clerk
15281. The precinct board shall sign and post conspicuously on
the outside of the polling place a copy of the result of the votes
cast. The copy shall remain posted for at least 48 hours after the
official time fixed for the closing of the polls.
Article 6. Manual Vote Count in a Central Place
15290. Ballots that are to be counted manually in a central place
shall be transported as provided in Sections 15201 and 15202. Each
counting board shall proceed to count and tally the ballots by
precincts, separately, under the direction of the elections official
or authorized deputies, in the same manner as provided where ballots
are counted at the polling place pursuant to Article 5 (commencing
with Section 15270).
SEC. 28. Chapter 4 (commencing with Section 15200) of Division 15
of the Elections Code is repealed.
SEC. 29. Chapter 5 (commencing with Section 15250) of Division 15
of the Elections Code is repealed.
SEC. 30. Chapter 6 (commencing with Section 15300) of Division 15
of the Elections Code is repealed.
SEC. 31. Chapter 4 (commencing with Section 15300) is added to
Division 15 of the Elections Code, to read:
CHAPTER 4. OFFICIAL CANVASS
Article 1. General Provisions
15300. This chapter applies to all elections.
15301. The canvass shall commence no later than the Thursday
following the election, shall be open to the public, and, for state
or statewide elections, shall result in a report of results to the
Secretary of State. The canvass shall be continued daily, Saturdays,
Sundays, and holidays excepted, for not less than six hours each day
until completed.
15302. The official canvass shall include, but not be limited to,
the following tasks:
(a) An inspection of all materials and supplies returned by poll
workers.
(b) A reconciliation of the number of signatures on the roster
with the number of ballots recorded on the ballot statement.
(c) In the event of a discrepancy in the reconciliation required
by subdivision (b), the number of ballots received from each polling
place shall be reconciled with the number of ballots cast, as
indicated on the ballot statement.
(d) A reconciliation of the number of ballots counted, spoiled,
canceled, or invalidated due to identifying marks, overvotes, or as
otherwise provided by statute, with the number of votes recorded,
including absentee and provisional ballots, by the vote counting
system.
(e) Processing and counting any valid absentee and provisional
ballots not included in the semifinal official canvass.
(f) Counting any valid write-in votes.
(g) Reproducing any damaged ballots, if necessary.
(h) Reporting final results to the governing board and the
Secretary of State, as required.
15303. If the returns from any precinct are incomplete,
ambiguous, not properly authenticated, or otherwise defective, the
elections official may issue and serve subpoenas requiring members of
the precinct board to appear and be examined under oath concerning
the manner in which votes were counted and the result of the count in
their precinct. This section shall apply when ballots are tabulated
manually or automatically at the polls.
15304. In jurisdictions using a central counting place, the
elections official may appoint not less than three deputies to open
the envelopes or containers with the materials returned from the
precincts. If, after examination, any of the materials are
incomplete, ambiguous, not properly authenticated, or otherwise
defective, the precinct officers may be summoned before the elections
official and examined under oath to describe polling place
procedures and to correct the errors or omissions.
Article 2. Processing Absentee Ballots and Mail Ballot
Precinct Ballots
15320. Absentee ballots and mail ballot precinct ballots returned
to the elections office and to the polls on election day that are
not included in the semifinal official canvass phase of the election
shall be processed and counted during the official canvass in the
manner prescribed by Chapter 3 (commencing with Section 15100).
Article 3. Processing Write-In Votes
15340. Each voter is entitled to write the name of any candidate
for any public office, including that of President and Vice President
of the United States, on the ballot of any election.
15341. Notwithstanding any other provision of law, no name
written upon a ballot in any election shall be counted for an office
or nomination unless the candidate whose name has been written on the
ballot has complied with Part 3 (commencing with Section 8600) of
Division 8.
15342. Any name written upon a ballot for a qualified write-in
candidate, including a reasonable facsimile of the spelling of a
name, shall be counted for the office, if it is written in the blank
space provided and voted as specified below:
(a) For voting systems in which write-in spaces appear directly
below the list of candidates for that office and provide a voting
space, no write-in vote shall be counted unless the voting space next
to the write-in space is marked or slotted as directed in the voting
instructions.
(b) For voting systems in which write-in spaces appear separately
from the list of candidates for that office and do not provide a
voting space, the name of the write-in candidate, if otherwise
qualified, shall be counted if it is written in the manner described
in the voting instructions.
(c) The use of pressure-sensitive stickers, glued stamps, or any
other device not provided for in the voting procedures for the voting
systems approved by the Secretary of State to indicate the name of
the write-in candidate are not valid, and a name indicated by these
methods shall not be counted.
(d) Neither a vote cast for a candidate whose name appears on the
ballot nor a vote cast for a write-in candidate shall be counted if
the voter has indicated, by a combination of marking and writing, a
choice of more names than there are candidates to be nominated or
elected to the office.
(e) All valid write-in votes shall be tabulated and certified to
the elections official on forms provided for this purpose, and the
write-in votes shall be added to the results of the count of the
ballots at the counting place and be included in the official returns
for the precinct.
Article 4. Processing and Counting Provisional Ballots
15350. Provisional ballots cast pursuant to Section 14310 shall
be processed and counted in accordance with the provisions outlined
in Chapter 3 (commencing with Section 15100) and pursuant to the
requirements of Sections 14310 and 14311.
Article 5. One Percent Manual Tally
15360. During the official canvass of every election in which a
voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices cast in 1 percent of the precincts chosen at random by the
elections official. If 1 percent of the precincts should be less
than one whole precinct, the tally shall be conducted in one precinct
chosen at random by the elections official.
In addition to the 1 percent count, the elections official shall,
for each race not included in the initial group of precincts, count
one additional precinct. The manual tally shall apply only to the
race not previously counted.
Additional precincts for the manual tally may be selected at the
discretion of the elections official.
Article 6. Ballot Security and Reporting of Results
15370. After ballots are counted and sealed, the elections
official may not open any ballots nor permit any ballots to be opened
except as permitted in Sections 15303 and 15304, or in the event of
a recount.
15371. Upon completion of the count, the elections official shall
add to the results as so determined, the results of the write-in
votes and any paper ballots used as certified by the precinct board,
and thereupon shall declare the vote, and forthwith post one copy at
the counting place for public inspection.
15372. The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within 28 days of the election or, in the case of school district,
community college district, county board of education, or special
district elections conducted on the first Tuesday after the first
Monday in November of odd-numbered years, no later than the last
Monday before the last Friday of that month.
15373. When ballots are counted under this article, the result of
the vote shall be shown by precinct.
15374. (a) The statement of the result shall show all of the
following:
(1) The total number of ballots cast.
(2) The number of votes cast at each precinct for each candidate
and for and against each measure.
(3) The total number of votes cast for each candidate and for and
against each measure.
(b) The statement of the result shall also show the number of
votes cast in each city, Assembly district, congressional district,
senatorial district, State Board of Equalization district, and
supervisorial district located in whole or in part in the county, for
each candidate for the offices of presidential elector and all
statewide offices, depending on the offices to be filled, and on each
statewide ballot proposition.
15375. The elections official shall send to the Secretary of
State within 35 days of the election in the manner requested one
complete copy of all results as to all of the following:
(a) All candidates voted for statewide office.
(b) All candidates voted for the following offices:
(1) Member of the Assembly.
(2) Member of the Senate.
(3) Member of the United States House of Representatives.
(4) Member of the State Board of Equalization.
(5) Justice of the Courts of Appeal.
(6) Judge of the Superior Court.
(7) Judge of the Municipal Court.
(c) All persons voted for at the presidential primary. The
results for all persons voted for at the presidential primary for
delegates to national conventions shall be canvassed and shall be
sent within 20 days after the election.
(d) The vote given for persons for electors of President and Vice
President of the United States. The results for presidential
electors shall be endorsed "Presidential Election Returns," and sent
so that they are received by the Secretary of State not later than
the first Monday in the month following the election.
(e) All statewide measures.
15376. The elections official shall deliver a duplicate of the
certified statement of the result of votes cast to the chairperson of
the county central committee of each party.
SEC. 32. Chapter 7 (commencing with Section 15350) of Division 15
of the Elections Code is repealed.
SEC. 33. The heading of Chapter 8 (commencing with Section 15400)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 5. ANNOUNCEMENT OF RESULTS
SEC. 34. The heading of Chapter 9 (commencing with Section 15450)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 6. DETERMINATION OF ELECTED OR NOMINATED CANDIDATES
SEC. 35. The heading of Chapter 10 (commencing with Section 15500)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 7. DUTIES OF THE SECRETARY OF STATE
SEC. 36. Section 15500 of the Elections Code is amended to read:
15500. The Secretary of State, commencing with the first results
from the semifinal official canvass received from the elections
officials, shall compile the results for the offices and measures
listed in Section 15151, which compilation shall be continued without
adjournment until completed. The Secretary of State shall
immediately make public the results of the compilation as to those
offices and measures.
SEC. 37. Section 15501 of the Elections Code is amended to read:
15501. (a) Except as to presidential electors, the Secretary of
State shall compile the results for all of the following:
(1) All candidates for statewide office.
(2) All candidates for Assembly, State Senate, Congress, State
Board of Equalization, Supreme Court, and Courts of Appeal.
(3) All statewide measures.
(b) The Secretary of State shall prepare, certify, and file a
statement of the vote from the compiled results no later than the
39th day after the election.
(c) The Secretary of State may gather returns for local elections,
including, but not limited to, the following:
(1) Candidates for county office.
(2) Candidates for city office.
(3) Candidates for school and district office.
(4) County ballot measures.
(5) City ballot measures.
(6) School and district ballot measures.
SEC. 38. Section 15505 of the Elections Code is amended to read:
15505. On the first Monday in the month following the election,
or as soon as the results have been received from all the counties in
the state, if received before that time, the Secretary of State
shall analyze the votes given for presidential electors, and certify
to the Governor the names of the proper number of persons having the
highest number of votes. The Secretary of State shall thereupon
issue and transmit to
each presidential elector a certificate of election. The certificate
shall be accompanied by a notice of the time and place of the
meeting of the presidential electors and a statement that each
presidential elector will be entitled to a per diem allowance and
mileage in the amounts specified.
SEC. 39. The heading of Chapter 11 (commencing with Section 15550)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 8. DISPOSITION OF BALLOTS AND SUPPLIES BY THE
ELECTIONS OFFICIAL
SEC. 40. Section 15552 of the Elections Code is repealed.
SEC. 41. The heading of Chapter 12 (commencing with Section 15600)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 9. RECOUNT
SEC. 42. Section 15642 of the Elections Code is amended to read:
15642. Any tape, diskette, cartridge, or other magnetic or
electronic storage medium used in the programming of vote totals
shall be kept in a secure location and, if there is a recanvass of
votes, the officer entrusted with the magnetic storage medium shall
submit his or her affidavit stating that they are the true media used
in the election and have not been altered.
SEC. 43. Article 5 (commencing with Section 15645) of Chapter 12
of Division 15 of the Elections Code is repealed.
SEC. 44. The heading of Chapter 13 (commencing with Section 15650)
of Division 15 of the Elections Code is amended and renumbered to
read:
CHAPTER 10. TIE VOTES
SEC. 45. Section 17500 of the Elections Code is repealed.
SEC. 46. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution; and
because certain costs that may be incurred by a local agency or
school district are the result of a program for which legislative
authority was requested by that local agency or school district,
within the meaning of Section 17556 of the Government Code and
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act otherwise
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.