BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 330 HEARING DATE:7/7/09
AUTHOR: SALDANA ANALYSIS BY:Frances Tibon
Estoista
AMENDED: 6/16/09
FISCAL: YES
SUBJECT
Elections: voting devices
DESCRIPTION
Existing law 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.
Existing law 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 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.
Existing law 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.
This bill 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 :
Requires the county elections official to provide at least
a five-day public notice of the time and place of the
following:
Testing conducted on ballot tabulating devices
prior to an election to ensure that the tabulating
devices accurately record votes; and,
Preparation and operation of the tabulating devices
and the programming and testing of those devices.
This bill permits attendance of a representative at the
time and place of such tests, preparations, and operations.
BACKGROUND
Current law requires that within seven days prior to each
election, county elections officials are to conduct tests
to ensure that every device used to tabulate ballots
accurately records each vote. Current law also permits
each qualified political party, any bona fide association
of citizens, and any media organization to have
representatives present at the central vote counting place
or places to check and review the preparation and operation
of vote tabulating devices, as well as the programming and
testing of those devices.
COMMENTS
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.
Previous Legislation : Late in the 2007-08 Legislative
AB 330 (SALDANA) Page
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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 but was not heard or voted on prior
to the adjournment of the session.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Appropriations Committee: 16-0
Assembly Floor: 76-0
POSITIONS
Sponsor: Secretary of State
Support: Orange County Board of Supervisors
Oppose: None received
AB 330 (SALDANA) Page
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