BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2023
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2023 (Saldana) - As Amended:  April 27, 2010 

          Policy Committee:                              ElectionsVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill authorizes the Secretary of State (SOS) to conduct a  
          voluntary pilot program in five or more counties evaluating the  
          use of post-canvas "risk-limiting" audits of election results.   
          Specifically, this bill:

          1)Defines "risk-limiting audit" as a hand tally of votes in one  
            or more "audit units" (precinct, set of ballots, or a single  
            ballot) that continues in additional audit units until there  
            is strong statistical evidence that the electoral outcome is  
            correct.  If counting additional audit units does not provide  
            strong statistical evidence the electoral outcome is correct,  
            the audit continues until there has been a full manual tally  
            to determine the correct electoral outcome of the audited  
            contest.

          2)Requires each county that wishes to participate in the pilot  
            program to conduct a post-canvas risk-limiting audit, as  
            specified, of one or more election contests during 2011.

          3)Requires the SOS, by March 1, 2012, to report to the  
            Legislature on the effectiveness and efficiency of the  
            risk-limiting audits, including a comparison of costs with the  
            one percent manual tallies required under current law.

           FISCAL EFFECT  

          1)Minor absorbable costs to the SOS, which will utilize  
            resources already devoted to the post election manual tally to  
            oversee the pilot program and provide the evaluation report.

          2)Any costs to counties would be non-reimbursable, as  








                                                                  AB 2023
                                                                  Page  2

            participation in the pilot is voluntary. To the extent that  
            risk-limiting audits are deemed cost-effective and replace the  
            one percent tally, counties would realize ongoing savings.

           COMMENTS  

           1)Background  .  California law requires elections officials in  
            counties that use voting systems to tabulate ballots to  
            manually tally the ballots cast in one percent of the  
            precincts, as a check to ensure voting system accuracy.  
            Although provisions governing the one percent manual tally  
            have been updated to reflect changes in voting technology and  
            to provide additional public notice and reporting  
            requirements, the one percent requirement has not  
            significantly changed since first enacted in 1965.

           2)Purpose  .  In 2007, the SOS established a Post-Election Audit  
            Standards Working Group, which published recommendations for  
            how California can improve its elections auditing process.   
            According to the author, the pilot program proposed in AB  
            2023, which is sponsored by the Secretary, implements many of  
            the working group's recommendations.

          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081