AB 2562, as introduced, Fong. Elections: ballots.
Existing law regulates generally the issuing of ballots on election day as well as the use of direct recording electronic voting systems. Existing law defines the terms “direct recording electronic voting system” and “paper record copy” for purposes of these provisions.
This bill would correct erroneous cross references to the code section that defines those terms.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14300 of the Elections Code is amended
2to read:
(a) In the case of an election for a state or federal office,
4each polling place using a direct recording electronic voting system,
5as defined by Sectionbegin delete 19251end deletebegin insert 19271end insert, the elections official shall
6provide paper ballots equivalent to the following percentages:
7(1) For a statewide general election, no less than 10 percent of
8the registered voters in the polling place.
P2 1(2) For a statewide direct primary election, for each partisan
2ballot form for which at least 10 percent of
the registered voters
3in the polling place are eligible to request, no less than 5 percent
4of the registered voters in the precinct eligible to request that ballot
5form at the polling place. For nonpartisan voters, the total number
6of paper ballots among all ballot forms that they are eligible to
7request shall be no less than 5 percent of registered nonpartisan
8voters at the polling place.
9(3) For any other state or federal election contest, no less than
105 percent of registered voters at the polling place.
11(4) For purposes of this section, the number of registered voters
12shall be based on the registration on the 88th day prior to the day
13of the election.
14(b) The elections official shall establish procedures for the use
15of the paper ballots described in this section in the event the direct
16recording electronic voting
system becomes nonfunctional.
17(c) Upon request, the precinct board shall provide a paper ballot
18to a voter, regardless of the availability of the direct recording
19electronic voting system, as long as supplies remain available.
20(d) The paper ballots described in this section may consist of
21provisional ballots.
22(e) Any vote cast on a provisional ballot subject to this section
23by an otherwise qualified voter shall be counted as a regular ballot
24and shall not be subject to the requirements of Section 14310.
Section 17301 of the Elections Code is amended to
26read:
(a) The following provisions shall apply to those
28elections where candidates for one or more of the following offices
29are voted upon: President, Vice President, United States Senator,
30and United States Representative.
31(b) The packages containing the following ballots and
32identification envelope shall be kept by the elections official,
33unopened and unaltered, for 22 months from the date of the
34election:
35(1) Voted polling place ballots.
36(2) Paper record copies, as defined by Sectionbegin delete 19251end deletebegin insert
19271end insert, if
37any, of voted polling place ballots.
38(3) Voted vote by mail voter ballots.
39(4) Vote by mail voter identification envelopes.
40(5) Voted provisional voter ballots.
P3 1(6) Provisional ballot voter identification envelopes.
2(7) Spoiled ballots.
3(8) Canceled ballots.
4(9) Unused vote by mail ballots surrendered by the voter
5pursuant to Section 3015.
6(10) Ballot receipts.
7(c) If a contest is not
commenced within the 22-month period,
8or if a criminal prosecution involving fraudulent use, marking or
9falsification of ballots, or forgery of vote by mail voters’ signatures
10is not commenced within the 22-month period, either of which
11may involve the vote of the precinct from which voted ballots were
12received, the elections official shall have the ballots destroyed or
13recycled. The packages shall otherwise remain unopened until the
14ballots are destroyed or recycled.
Section 17302 of the Elections Code is amended to
16read:
(a) The following provisions shall apply to all state or
18local elections not provided for in subdivision (a) of Section 17301.
19An election is not deemed a state or local election if votes for
20candidates for federal office may be cast on the same ballot as
21votes for candidates for state or local office.
22(b) The packages containing the following ballots and
23identification envelopes shall be kept by the elections official,
24unopened and unaltered, for six months from the date of the
25election:
26(1) Voted polling place ballots.
27(2) Paper record copies, as defined by Sectionbegin delete 19251end deletebegin insert
19271end insert, if
28any, of voted polling place ballots.
29(3) Voted vote by mail voter ballots.
30(4) Vote by mail voter identification envelopes.
31(5) Voted provisional voter ballots.
32(6) Provisional ballot voter identification envelopes.
33(7) Spoiled ballots.
34(8) Canceled ballots.
35(9) Unused vote by mail ballots surrendered by the voter
36pursuant to Section 3015.
37(10) Ballot receipts.
38(c) If a contest is not
commenced within the six-month period,
39or if a criminal prosecution involving fraudulent use, marking or
40falsification of ballots, or forgery of vote by mail voters’ signatures
P4 1is not commenced within the six-month period, either of which
2may involve the vote of the precinct from which voted ballots were
3received, the elections official shall have the packages destroyed
4or recycled. The packages shall otherwise remain unopened until
5the ballots are destroyed or recycled.
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