BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1929|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1929
Author: Gorell (R), et al.
Amended: 6/28/12 in Senate
Vote: 27 - Urgency
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 5-0, 7/3/12
AYES: Correa, La Malfa, Gaines, Lieu, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 74-0, 5/29/12 - See last page for vote
SUBJECT : Elections: casting ballots
SOURCE : Democracy Live
DIGEST : This bill establishes processes and procedures
for the review and approval of ballot marking systems, as
defined, for use in California elections.
ANALYSIS : Existing law provides for the conduct of
elections generally. Existing law prohibits the use of a
voting system for an election unless it has been approved
as meeting specified criteria by the Secretary of State
(SOS) prior to the election. Existing law defines a voting
system as any mechanical, electromechanical, or electronic
system and its software, or any combination of these used
to cast or tabulate votes, or both.
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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.
2. Requires the 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. 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,
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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.
10.Prohibits a ballot marking system or part of the system
from doing any of the following:
A. Have the capability, including an optional
capability, to use a remote server to mark a voter's
sections transmitted to the server from the voter's
computer via the Internet.
B. Have the capability, including an optional
capability, to store any voter identifiable
selections on any remote server.
C. Have the capability, including the optional
capability, to tabulate votes.
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
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communication originates from or terminates at a polling
place, satellite location, or counting center.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, although
the costs of reviewing and testing a ballot marking system
will be paid for by the vendor that submits the system,
staff estimates that the SOS will likely incur costs of
over $50,000 to study and adopt regulations governing the
use of ballot marking systems before a vendor can submit a
system for approval. The SOS will additionally incur costs
for conducting hearings, and examinations. This bill
authorizes the SOS to employ up to three expert electronic
technicians, and requires their compensation to be paid by
the vendor that submits the ballot marking system.
SUPPORT : (Verified 8/20/12)
Democracy Live (source)
California Council of the Blind
Disabled American Veterans
Secretary of State
OPPOSITION : (Verified 8/20/12)
Disability Rights of California
ARGUMENTS IN SUPPORT : 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 U.S. 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
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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."
This bill is sponsored by Democracy Live, a private company
that states it has developed an onscreen ballot marking
device that allows a voter to electronically mark his/her
ballot. The information marked on the voter's ballot is
then temporarily captured and stored to allow for the
transfer of information to be formatted onto a portable
document format (pdf) that the voter may print out and mail
or fax to their county elections official. After the voter
has printed his/her ballot, the information temporarily
stored by Democracy Live is then purged. The author and
sponsors argue this system will help facilitate military
and overseas voters by allowing them to more quickly obtain
a ballot specific to the precinct in which they reside and
clearly and concisely mark their ballot. A system like this
is currently not allowed for use in California elections.
ARGUMENTS IN OPPOSITION : Opponents state, "AB 1929 would
amend Section 362 to provide that 'casting a ballot,' for
purposes of the definition of a voting system, does not
include the physical or electronic marking of a ballot, and
is limited to the act of a voter submitting his or her
marked ballot for tabulation at a polling place, through
the mail or, for special absentee voters, by facsimile
transmission. According to the author's staff, the purpose
of AB 1929 is to benefit overseas military. Under current
state law, overseas military may submit their voted ballots
to their county election official by facsimile. It is our
understanding that the purpose of the bill is to be able to
use $2 million in new funds to improve California's voting
systems for special absentee voters, like overseas
military, who submit their ballots by facsimile. However,
under the bill, the proposed definition of a 'casting a
ballot,' does not include vote by mail ballots that are
submitted in person at a County Election Office. According
to state law, voters may return their voted vote-by-mail
ballot by: 1) mailing it to their county elections
official; 2) returning it in person to a polling place or
the elections office in your county on Election Day; or 3)
authorizing a relative or person living in the same
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household as the voter to return the ballot on their
behalf. Under AB 1929, vote by mail ballots returned to an
elections office in person would not count as a cast
ballot. This omission is significant for voters with
disabilities who may be unable to return their ballot due
to recent hospitalization, recent illness, or physical
disability or impairment."
ASSEMBLY FLOOR : 74-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Charles Calderon, Campos, Carter,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Butler, Cedillo, Fletcher, Hall,
Monning, Skinner
DLW:m 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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