BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           714 (Leno)
          
          Hearing Date:  6/28/04          Amended: 6/09/04       
          Consultant:  Maureen Ortiz          Policy Vote: E. & R.   
          3-0                      
          ____________________________________________________________ 
          ___
          BILL SUMMARY:   AB 714 requires elections officials to  
          establish and implement alternative voting procedures for  
          use when an electronic voting system fails, or when the  
          election official is unable to provide a ballot to all  
          eligible voters on election day.
          ____________________________________________________________ 
          ___
                          Fiscal Impact (in thousands)

           Major Provisions                    2004-05             2005-06   
                      2006-07            Fund

           Voting procedures                ---unknown, potentially  
          substantial
                                                        reimbursable  
          local mandate---------       General
          SOS investigations/
              report             --------unknown, not  
          substantial-------    General
          ____________________________________________________________ 
          ___
          STAFF COMMENTS:  This bill meets the criteria to be placed  
          on the Suspense file.
          
          AB 714 provides that if a precinct is unable to provide  
          ballots to all voters on election day, officials can  
          authorize the use of sample ballots.  If a sample ballot  
          cannot be provided, the voter is to be given paper and a  
          pen in order to cast his or her vote in writing.  These  
          provisions are intended to be used only as a last resort in  
          order to eliminate disenfranchised voters when precincts  
          run out of ballots.

          Additionally, AB 714 requires counties that use a direct  
          recording electronic voting system to establish and  
          implement an alternative voting procedure to be used in the  
          event that the electronic voting system fails.











          The bill also requires the Secretary of State to  
          investigate and report on any precinct that runs out of  
          ballots and resorts to alternative voting methods.  The  
          report will include information on the circumstances that  
          resulted in the precinct running out of ballots, a  
          determination of whether or not any voters were  
          disenfranchised, and any changes that can be made to  
          prevent reoccurrence.  The SOS will forward the report to  
          the appropriate policy committees in the Legislature, and  
          to the elections official in each county.

          This bill is similar to AB 828 (Leno) which was vetoed by  
          Governor Davis last year partly due to cost issues.