BILL ANALYSIS �
AB 1929
Page 1
ASSEMBLY THIRD READING
AB 1929 (Gorell)
As Amended May 21, 2012
2/3 vote. Urgency
ELECTIONS 6-0 APPROPRIATIONS 17-0
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|Ayes:|Fong, Donnelly, Bonilla, |Ayes:|Fuentes, Harkey, |
| |Hall, Mendoza, Swanson | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Establishes processes and procedures for the review
and approval of ballot marking systems, as defined, for use in
California elections. Specifically, this bill :
1)Defines a ballot marking system as any mechanical,
electromechanical, or electronic system and its software that
is used for the sole purpose of marking a ballot for a special
absentee voter and is not connected at any time to a voting
system. Prohibits the use of a remote server to store the
special absentee voter's identifiable selections that are
transmitted to the server from the computer used by the
special absentee voter via the Internet. Prohibits a ballot
marking system from tabulating or having the capability to
tabulate votes.
2)Requires the Secretary of State (SOS) to study and adopt
regulations governing the use of ballot marking systems.
3)Establishes procedures for the review and approval of ballot
marking systems. Prohibits the SOS from approving any ballot
marking system, or part of a ballot marking system, unless it
fulfills the requirements of this bill and the regulations
established by the SOS.
4)Permits a person or corporation owning or being interested in
a ballot marking system to apply to the SOS to examine and
report on its accuracy and efficiency to fulfill its purpose.
AB 1929
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Requires a vendor of such a system, upon and after submission
of an application, to notify the SOS in writing of any known
defect, fault, or failure of the hardware, software, or
firmware of the ballot marking system or part of the system.
Requires the SOS to submit a report the United States
Elections Assistance Commission (EAC) or its successor as soon
as practicable.
5)Provides that for the purpose of assistance in examining a
ballot marking system, the SOS may employ not more than three
expert electronic technicians at a cost to be set by the SOS.
Requires the compensation of the electronic technicians to be
paid by the person or corporation submitting the ballot
marking system. Permits the SOS to require a person or
corporation submitting the ballot marking system to deposit
sufficient funds to guarantee the payment of the examination
charges.
6)Requires a vendor, upon approval of the ballot marking system,
to notify the SOS and all local elections officials who use
the system in writing of any defect, fault, or failure of the
hardware, software, or firmware of the system or part of the
system within 30 calendar days after the vendor learns of the
defect, fault, or failure. Requires the SOS to notify the EAC
or its successor of the problem as soon as practicable.
7)Prohibits a ballot marking system approved by the SOS from
being changed or modified until the SOS has been notified in
writing and determined that the change or modification does
not impair its accuracy and efficiency sufficient to require
reexamination and re-approval.
8)Permits the SOS to seek relief, as specified, for an
unauthorized change in hardware, software, or firmware or a
known and undisclosed defect, fault, or failure, in a ballot
marking system approved or conditionally approved in
California.
9)Prohibits a ballot marking system or part of the system from
storing any voter identifiable selections on any remote server
and prohibits tabulation or the capability to tabulate votes.
Prohibits any vendor of an online ballot marking system from
permanently capturing and storing any ballot marking data
derived from the process of marking a ballot.
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10)Prohibits a ballot marking system or part of the system from
electronically receiving or transmitting election data through
an exterior communication network, including the public
telephone system, when the communication originates from or
terminates at a polling place, satellite location, or counting
center.
11)Prohibits a ballot marking system or part of the system from
transmitting election data or images via wireless
communications or wireless data transfers when the
communication originates from or terminates at a polling
place, satellite location, or counting center.
12)Contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs for the SOS to review and approve ballot
marking systems will be paid by each vendor seeking approval of
their respective system.
COMMENTS : According to the author, "The delays caused by the
current voting system disenfranchises United States citizens who
are serving in the military overseas because the current voting
process often does not allow ballots to be received by election
offices in time to be counted. It is vital to protect the
constitutional right of all U.S. citizens to vote, particularly
those who are risking their lives overseas in order to protect
the freedom and rights of all US citizens. By utilizing the
available technology today, we can ensure that our service men
and women overseas can exercise their Constitutional right as
U.S. citizens. AB 1929 clarifies some of the definitions and
terms within California's current election code to pave a path
for a smooth implementation of a voting system that allows
military overseas to electronically print their ballot and cast
their vote via fax or mail. This would drastically speed up the
amount of time it takes for military personnel overseas to cast
their vote and ensures their votes are counted."
Please see the policy committee analysis for a full discussion
of this bill.
AB 1929
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Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0003797