BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS AND REAPPORTIONMENT
Senator Don Perata, Chair
BILL NO: AB 55 HEARING DATE: 7/11/01
AUTHOR: SHELLEY ANALYSIS BY: Darren
Chesin
AMENDED: 7/9/01
FISCAL: YES
PRIOR ACTION :
Assembly Elections, Reapportionment,
and Constitutional Amendments: 11-4
Assembly Appropriations: 14-6
Assembly Floor: 49-26
SUBJECT :
Elections: voting: reform and modernization
BACKGROUND AND PROPOSED LAW :
1.Existing law permits election officials to mail a
postcard to voters who have failed to vote in the
previous four years and whose registration has not been
updated during that same period. The postcard includes a
postage-paid pre-addressed return form to enable the
voter to verify or correct his/her address information.
The postcard includes a notice to the voter that his/her
registration will be canceled if the voter fails to
contact the official, as specified, and fails to vote in
any election prior to and including the second federal
general election after the date of the notice.
This bill would make this process mandatory.
2.Existing law provides for various procedures relating to
the conduct of voting.
This bill enumerates a specific list of voters' rights and
requires that they be displayed in the statewide voter
pamphlet, on the Secretary of State's website, on county
elections officials' websites, and at polling places.
The list must include the following statements:
"A voter has the right to ask questions about elections
procedures."
"A voter has the right to receive a new ballot if the voter
believes he or she has made a mistake. This applies only
prior to a voter casting a ballot."
"A voter has a right to a receipt indicating that the
voter's vote was received by the elections official."
"A voter has the right to know that his or her vote
counts."
"A voter has the right to vote if he or she is at the
polling place at 8:00 p.m."
"A voter has the right to vote if he or she has a valid
California voter registration card."
"A voter has a right to a provisional ballot whenever his
or her name is not listed on the voting rolls."
"The public has the right to review public information
available at the polling place."
3.Existing law requires counties and other local
jurisdictions to only use voting systems that have been
certified for use by the Secretary of State. Several
types and makes of systems are currently certified and
used in California although all fall into one of four
basic categories: touch-screen, optical scan, pre-scored
punch card, and non-pre-scored punch card.
This bill would require the Secretary of State to provide
assistance to counties to modernize the counties' voting
process. The Secretary of State must develop criteria to
evaluate requests for modernization assistance. The
criteria must include, but not be limited to, the need
for elimination of punch card ballots, the need for
greater access to, and accuracy of, the electoral
process, and the willingness and ability of the county to
provide an electronic voting system with the ability to
produce an accurate and verifiable paper audit of every
vote cast on each voting system.
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The Secretary of State will be required to submit county
requests for modernization assistance to a Voting
Modernization Commission, as created by this bill. The
commission shall consider and evaluate each request using
the criteria developed by the Secretary of State and
submit its recommendations to the Secretary of State for
appropriate action. The Voting Modernization Commission
will consist of eight members: three appointed by the
Governor that will be representative of southern,
northern, and rural geographical areas of the state; one
member appointed by the Speaker of the Assembly; one
member appointed by the Senate Rules Committee; one
member appointed by the Attorney General; and two members
appointed by the Secretary of State.
4.Existing law requires counties to develop and implement
programs designed to identify and register qualified
electors.
This bill requires the Secretary of State to establish a
statewide voter education media campaign in which no
governmental or elected official shall appear, or be
referenced.
5.Existing law: provides voters with a mechanism whereby
they may seek a recount of any state or local election;
requires specified governmental agencies to provide
qualified electors with an opportunity to register to
vote pursuant the National Voter Registration Act of 1993
("motor voter"); and provides various requirements and
options to counties for the maintenance of their voter
files.
This bill states that "It is the intent of the Legislature
to enact legislation to codify uniform recount
guidelines, reform the current ''motor voter'' process,
and establish a mechanism to implement complete mandatory
voter file maintenance in counties."
6.Existing law requires the Secretary of State to certify
voting and vote counting systems prior to use in
California elections, however, existing law does not
permit voting to be conducted online over the Internet.
This bill would require the Secretary of State to establish
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an Online Voting Program. The program must ensure that
the use of an online voting system is viable, accurate,
secure, fair, effective, and accepted by the public as a
supplementary method of voting in local elections held in
whole or in part within a participating county. The
online voting system must be able to produce an accurate
and verifiable paper audit of every vote cast on it. An
election with a state candidate or ballot measure may not
be included in the program. The program shall allow
voters to engage in online voting by using a computer at
any one of various county-controlled polling places
within the participating county. Participation by a
county is voluntary and subject to approval by the board
of supervisors.
7.Existing law requires local jurisdictions conducting
elections to provide for and train poll workers.
This bill would require that all poll workers receive
training which includes all of the following: information
about the Voters Bill of Rights; information about
materials at the polling place that are open to public
review at the request of any person during the operating
hours of the polling place; and training on how to assist
voters whose primary language is not English.
This bill would also require that if new technologies for
voting systems are certified by the Secretary of State
for use in a county, poll workers in that county must
attend a training class in the use of the new
technologies once the county has acquired a new system.
8.Existing law requires polling places to meet SOS
guidelines for accessibility by the physically
handicapped.
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This bill would require all polling places to have stroller
access and be fully and equally accessible to voters with
physical disabilities pursuant to the Federal Voting
Accessibility for the Elderly and Handicapped Act of 1984
(P.L. 98-435). It would also require voting materials
provided to voters at the polling place to be made
available in large type size on the request of a visually
impaired voter. This requirement does not apply to
larger size ballots if providing larger type is not
technically feasible.
This bill would also require voting systems to provide a
practical and effective means for voters with physical
disabilities to cast a secret ballot.
9.Existing law requires elections to be held on specified
Tuesdays and for polling places to be open between 7:00
a.m. and 8:00 p.m.
This bill would require the Secretary of State to conduct a
study to determine the feasibility of extended polling
hours, two-day elections, and weekend voting.
COMMENTS :
1.According to the author, many of the provisions of this
bill are a direct result of examining the Florida
elections fiasco last November. To move forward with
voting modernization it was concluded that along with the
utilization of online voting - voter education, poll
worker training, and feasibility studies on additional
ways to conduct elections are all equally important.
1.The provisions of this bill regarding assistance to
counties to modernize voting systems and the
establishment of the Voting Modernization Commission
conflicts with AB 56 (Hertzberg), which would place a
$300 million bond measure on the ballot for updated
voting systems.
2.The online voting program in this bill is similar to AB
2519 (Shelley) of 2000 which was vetoed by the Governor.
In his veto message, the Governor stated, "While I am a
strong supporter of increasing both the number of
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registered voters and voter participation in the state's
elections, this bill is premature for several reasons.
Before Internet voting can be successfully implemented,
security measures to protect against fraud and abuse must
be more fully developed. Other states are experimenting
with online voting with varying degrees of success. I am
not convinced the necessary safeguards are in place to
begin this experiment in California."
In light of the Governor's veto of AB 2519, should this
bill pursue a more modest approach such as a pilot
program? This bill permits any county that complies with
the established criteria to conduct online voting. A
pilot program with a subsequent evaluation may be more
appropriate.
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3.Will some of the "voters' rights" articulated in this
bill be misconstrued to be requirements? For example,
could the statement that, "A voter has the right to vote
if he or she has a valid California voter registration
card" be interpreted by poll workers to mean that only
voters possessing a valid California voter registration
card have the right to vote?
4.This bill contains language stating that it is the intent
of the Legislature to enact legislation to codify uniform
recount guidelines, reform the current ''motor voter''
process, and establish a mechanism to implement complete
mandatory voter file maintenance in counties. Intent
language is usually included in a bill to clarify the
intent of the Legislature regarding an existing or
proposed provision of law. This intent language appears
to merely serve as an unenforceable promise that the
Legislature will address these issues in an undefined
manner at some unspecified future date.
5.This bill requires the Secretary of State to conduct a
feasibility study on extended polling hours, two-day
elections, and weekend voting but does not specify when
the study is to be completed or to whom it will be
submitted.
POSITIONS :
Sponsor: Author
Support: American Association of Retired Persons (AARP)
California Public Interest Research Group
(CalPIRG)
American Federation of State, County and
Municipal Employees
(AFSCME)
California School Employees Association
Compaq Computer Corporation
California Council of the Blind
California State Conference of the NAACP
Chinese American Voters Education Committee
VoteHere, Inc.
Oracle Corporation
Consumers In Action for Personal Assistance
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Gray Panthers California
Congress of California Seniors
California Professional Firefighters
Numerous Individuals
Oppose: None received
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