BILL NUMBER: SB 1346	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to add Section 14422 to the Elections Code, relating to
elections, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1346, as introduced, Negrete McLeod.  Election day procedures:
ballot containers.
   Existing law establishes election day procedures for processing
ballots following the closing of the polls. Existing law prohibits
removal of a ballot container from a polling place or the presence of
any persons assembled at the polling place until all the ballots are
counted and prohibits the ballot container from being opened until
after the polls are closed.
   This bill would allow the county elections official for a county
of greater than 5,000 square miles to direct that ballot containers
be sealed prior to the closing of the polls in accordance with
specified procedures and direct a ballot security team to remove from
a polling place and the presence of any bystanders prior to the
closing of the polls a sealed ballot container of voted untallied
ballots and deliver the container to a receiving center or central
counting place. This bill would allow the county elections official
to process the ballots upon receipt of a container, but would
prohibit the official from tallying the ballots or releasing any
results prior to the closing of the polls.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14422 is added to the Elections Code, to read:
   14422.  (a) Notwithstanding Section 14215 or any other provision
of law, the county elections official for a county of greater than
5,000 square miles may direct a precinct board to seal ballot
containers prior to the closing of the polls, in accordance with the
procedures set forth in Sections 14420 and 14421, and may direct a
ballot security team to remove from a polling place and the presence
of any bystanders prior to the closing of the polls a sealed ballot
container of voted untallied ballots and deliver the container to a
receiving center or central counting place as directed by the county
elections official.
   (b) Upon receipt of a container at a receiving center or central
counting place pursuant to subdivision (a), the county elections
official may process the voted untallied ballots, but shall not tally
the ballots or release any results prior to the closing of the
polls.
   (c) This section shall not be construed to relieve a precinct
board of its responsibility to account for ballots pursuant to
Section 14405.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to provide for the effective and efficient administration
of elections in 2012, it is necessary that this act take effect
immediately.