BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 2797 HEARING DATE: 6/29/10
AUTHOR: Assembly E&R Comm. ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 5/10/10
FISCAL: NO
SUBJECT
Elections: ballot measures
DESCRIPTION
Existing law requires the State Controller to reimburse
counties for the costs incurred by them in complying with
various voter registration provisions of state law,
including provisions authorizing voter registration by mail
and requiring voter outreach programs. Requires the
counties to submit claims for reimbursement for such costs
to the Controller by October 31 in the year following the
fiscal year in which the costs were incurred.
Existing law establishes a revolving fund for the purchase
of ballot paper and punch cards.
Existing law requires, in elections where ballots are
counted by hand at the polling place, the precinct board to
post conspicuously on the outside of the polling place a
copy of the results of votes cast in that precinct.
Existing law requires, in elections where ballots are cast
on voting machines that are provided with a recording
device, the precinct board to post one copy of the results
of votes cast on each machine on the outside wall of the
precinct.
Existing law also sets forth specific procedures for
closing of the polls.
This bill moves back the deadline for a county to submit
claims for reimbursement for costs incurred by the county
in complying with various voter registration laws from
October 31 to February 15 in the year following the fiscal
year in which the costs were incurred.
This bill repeals an obsolete provision of law that
establishes a revolving fund for the purchase of ballot
paper.
This bill provides that in cases where a precinct board
would be required to post the results of ballots cast at
the precinct, the precinct board shall not do so if fewer
than 10 voters cast ballots in the precinct in order to
protect the secrecy of those voters' ballots, and instead
would require the precinct board to post only the total
number of people who voted at the precinct.
This bill provides that in cases where a precinct board
would be required to post the results of ballots cast on a
voting machine at the precinct, the precinct board shall
not do so with respect to any machine on which fewer than
10 voters cast ballots, in order to protect the secrecy of
those voters' ballots. This bill provides instead that the
precinct board shall post only the total number of people
who voted on that machine.
This bill clarifies ambiguous language in the procedures
for closing of the polls and also adds language to protect
a person's right to cast a secret ballot in instances where
fewer than 10 voters cast ballots on any single machine on
which the results are tallied at the precinct, providing
consistency with other policy changes brought about by this
bill.
This bill also makes a non-substantive corresponding
change.
BACKGROUND
This is one of the Assembly Elections and Redistricting
Committee's annual omnibus bills, containing various minor
and technical changes to provisions of state law governing
elections.
COMMENTS
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1. Ballot Paper Revolving Fund : Existing law establishes
a continuously-appropriated revolving fund in the state
treasury for the purchase of ballot paper and
punchcards. However, according to the office of the
Secretary of State, that provision of law is obsolete,
and the revolving fund is not used for the purchase of
ballot paper.
This bill repeals the provisions of existing law that
establish the revolving fund, and makes a corresponding
change.
2. Posting of Election Results : Existing law requires the
results of votes cast on voting machines at a polling
place to be posted outside the polling place after the
polls close on Election Day. However, because of
changes in technology and restrictions on the use of
certain types of voting machines, most counties have
only one voting machine per polling place, which is used
to comply with state and federal laws that require that
voters with disabilities be given the opportunity to
cast a vote without assistance. As a result, it is
often the case that few ballots are cast on a voting
machine at a polling place, so posting the results of
votes cast on those machines could compromise the
secrecy of the ballot of those voters who used that
machine.
This proposal provides that in cases where fewer than 10
voters cast ballots on machines on which the results are
tallied at the precinct and posting the results may
violate a person's right to cast a secret ballot, the
precinct board shall post only the total number of
people who voted at the precinct on machines that keep
vote tallies. Additionally, this bill provides that if
a precinct board tallies votes manually at the polling
place and fewer than 10 voters cast ballots at that
polling place, the precinct board shall post only the
total number of people who voted at the precinct instead
of posting the results of ballots cast at that precinct.
These provisions were requested to be included in an
omnibus bill by the Secretary of State's office.
3. Previous Legislation . Among other provisions, SB 541
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(Pavley) of 2009 proposed to repeal the provisions of
the Elections Code that establish the ballot paper
revolving fund, similar to a provision in this bill. SB
541 was vetoed by the Governor for unrelated reasons.
SB 1404 (Pavley) from this year is a reintroduction of
SB 541, and similarly proposes to repeal the provisions
of the Elections Code that establish the ballot paper
revolving fund. SB 1404 passed out of the Assembly
Elections and Redistricting Committee on June 22, 2010.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Floor: 76-0
POSITIONS
Sponsor: Assembly Elections and Redistricting Committee
Support: Secretary of State
State Controller John Chiang
Oppose: None received
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