BILL ANALYSIS
AB 330
Page 1
Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 330 (Saldana) - As Introduced: February 18, 2009
SUBJECT : Elections: voting devices.
SUMMARY : Requires county elections officials to give a
five-day public notice of the time and place of the preparation
and operation of, and tests on, ballot tabulating devices.
Specifically, this bill :
1)Requires the county elections official to provide at least a
five-day public notice of the date, time, and location of the
following:
a) Testing conducted on ballot tabulating devices prior to
an election to ensure that the tabulating devices
accurately record votes; and,
b) Preparation and operation of the tabulating devices and
the programming and testing of those devices.
2)Permits the county elections official to limit attendance of
representatives at such tests, preparations, and operations to
no more than 10 representatives, provided that representatives
of political parties are not subject to the limitation.
EXISTING LAW :
1)Requires the elections official, not later than seven days
prior to each election, to conduct a test or series of tests
to ensure that every device used to tabulate ballots
accurately records each vote. Provides that the exact methods
employed in such tests shall conform to voting procedures for
the voting systems as adopted by the Secretary of State.
2)Permits each qualified political party, any bona fide
association of citizens, and any media organization to employ,
and have present at the central counting place or places, not
more than two representatives to check and review the
preparation and operation of the tabulating devices, their
programming and testing, and have the representatives in
attendance at any or all phases of the election. Allows the
AB 330
Page 2
elections official to limit the total number of
representatives employed by all bona fide associations of
citizens and media organizations to no more than 10 by a
manner in which each association or organization has an equal
opportunity to participate.
3)Requires the elections official to manually tally the ballots
cast in one percent of precincts at any election in which a
voting system is used. Requires the elections official to
provide at least a five-day public notice of the time and
place of that manual tally.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
The purpose of having a public review process is to ensure
that interested parties and citizens have the opportunity
to observe vote tabulating devices that our elections
depend on for accuracy and reliability. By requiring that
elections officials notify the public five days in advance
of when the testing of the devices will take place, AB 330
protects the intent of current law by ensuring that members
of the public will be provided adequate notice to observe
an important aspect of the voting process.
2)Previous Legislation : Late in the 2007-08 Legislative
Session, AB 643 (Brownley) was amended in the Senate to
contain language that is substantially similar to this bill.
After AB 643 was amended, it was re-referred to the Senate
Rules Committee and was not heard or voted on prior to the
adjournment of the session.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
Opposition
AB 330
Page 3
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094