California Legislature—2013–14 Regular Session

Assembly Bill No. 2631

Introduced by Assembly Member Dababneh

February 21, 2014

An act to amend Sections 361, 3018, 19370, 19371, to amend the heading of Article 5 (commencing Section 13282) of Chapter 3 of Division 13, to amend and renumber Sections 19382 and 19385, and to repeal Sections 13283, 13284, 13285, 13286, 13287, 13288, 13289, 19380, 19381, 19383, 19384, 19386 of the Elections Code, with relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2631, as introduced, Dababneh. Elections: voting machines.

Existing law provides for the conduct of statewide and local elections and sets forth provisions governing, among other things, election procedures, the declaration of results, and election contests. Existing law defines for these purposes the term “voting machine” to mean any device upon which a voter may register his or her vote, and which, by means of counters, embossing, or printouts, furnishes a total of the number of votes cast for each candidate or measure.

This bill would modify and update the definition of “voting machine” to mean any electronic device into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of specified printouts and records, furnishes a total of the number of votes cast for each candidate or measure. The bill would make conforming changes and repeal obsolete provisions of existing law.

Existing law requires the precinct board, as soon as the polls are closed, to comply with specified requirements relating to the closing of the polls, including, but not limited to, the locking of voting machines and the reading and posting of the statement of return of votes cast for the precinct. Existing law also sets forth the procedures by which the proclamation of the result of the votes cast must be distinctly announced.

This bill would modify and repeal certain precinct board requirements and procedures relating to the reading, posting, and inspection of the statement of return of votes cast for the precinct. By imposing new duties on local officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 361 of the Elections Code is amended to
read:

361.  

“Voting machine” means any begin insert electronic end insert device begin delete upon end delete begin insert ,
including, but not limited to, a precinct optical scanner and a
direct recording voting system, end insert which a voter may begin delete register end delete begin insert enter end insert
his or her begin delete vote end delete begin insert votes end insert , and which, by means of begin delete counters, embossing,
or printouts, end delete begin insert electronic tabulation and generation of printouts or
other tangible, human-readable permanent records, end insert furnishes a
total of the number of votes cast for each candidate begin delete or end delete begin insert and for or
against each end insert measure.

SEC. 2.  

Section 3018 of the Elections Code is amended to read:

3018.  

(a) Any voter using a vote by mail ballot may, prior to
the close of the polls on election day, vote the ballot at the office
of the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting booth,
at the discretion of the elections official, but in no case may his or
her vote be observed. Where voting machines are used the elections
official may provide one voting machine for each ballot type used
within the jurisdiction begin delete . Elections officials may provide electronic
voting devices for this purpose end delete provided that sufficient begin delete devices end delete
begin insert voting machines end insert are provided to include all ballot types in the
election.

(b) For purposes of this section, the office of an elections official
may include satellite locations. Notice of the satellite locations
shall be made by the elections official by the issuance of a general
news release, issued not later than 14 days prior to voting at the
satellite location, except that in a county with a declared emergency
or disaster, notice shall be made not later than 48 hours prior to
voting at the satellite location. The news release shall set forth the
following information:

(1) The satellite location or locations.

(2) The dates and hours the satellite location or locations will
be open.

(3) A telephone number that voters may use to obtain
information regarding vote by mail ballots and the satellite
locations.

(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes begin delete electronic voting devices end delete
begin insert voting machines end insert , the vote by mail ballot may be cast on begin delete an
electronic voting device end delete begin insert a voting machine end insert .

SEC. 3.  

The heading of Article 5 (commencing with Section
13282) of Chapter 3 of Division 13 of the Elections Code is
amended to read:

 

Article 5.  begin delete Voting Machines end delete begin insert Ballot Labels end insert

 

SEC. 4.  

Section 13283 of the Elections Code is repealed.

begin delete

13283.  

The ballot label shall be printed by the elections official
in black ink on clear material of a size that will fit the machine, of
a color that may be determined by the elections official, and in as
plain, clear type as the space will reasonably permit.

end delete

SEC. 5.  

Section 13284 of the Elections Code is repealed.

begin delete

13284.  

The list of offices and candidates and the statements
of measures used on the voting machines is an official ballot.

end delete

SEC. 6.  

Section 13285 of the Elections Code is repealed.

begin delete

13285.  

The county elections official shall furnish sufficient
ballot labels for the voting machines used at any election.

end delete

SEC. 7.  

Section 13286 of the Elections Code is repealed.

begin delete

13286.  

The officers or board charged with the duty of providing
ballots for any polling place shall provide the polling place with
two sample ballots, which shall be arranged in the form of a
diagram showing that part of the face of the voting machine that
will be in use at that election.

end delete

SEC. 8.  

Section 13287 of the Elections Code is repealed.

begin delete

13287.  

The sample ballots shall be either in full or reduced
size, and shall contain suitable illustrated directions for voting on
the voting machine.

end delete

SEC. 9.  

Section 13288 of the Elections Code is repealed.

begin delete

13288.  

The ballot labels shall be delivered to the officer in
charge of the voting machines at least 30 days before the election.

end delete

SEC. 10.  

Section 13289 of the Elections Code is repealed.

begin delete

13289.  

At the presidential primary, if the voting machine will
accommodate it, the county central committee election ballot shall
be placed upon the voting machine together with the presidential
primary ballot.

end delete

SEC. 11.  

Section 19370 of the Elections Code is amended to
read:

19370.  

begin insert (a) end insert begin insert   end insert As soon as the polls are closed, the precinct board,
in the presence of the watchers and all others lawfully present,
shall immediately lock the voting machine against voting and begin delete open
the counting compartments, giving full view of all counter
numbers. A board member shall, in the order of the offices as their
titles are arranged on the machine end delete begin insert end insert begin insert generate from each voting
machine at least three copies of a statement of return of votes cast end insert ,
read and distinctly announce begin delete the name or designating number and
letter on each counter for end delete each candidate’s name and the result as
shown by the begin delete counter numbers end delete begin insert statement end insert . He or she shall also in
the same manner announce the vote on each measure.

begin delete

If the machine is provided with a recording device, in lieu of
opening the counter compartment, the precinct board shall proceed
to operate the mechanism to produce the statement of return of
votes cast record in a minimum of three copies, remove the
irregular ballot, if any, record on the statement of return of votes
cast record. The irregular ballot shall be attached to the statement
of result record of votes cast for the machine and become a part
thereof.

end delete

begin insert (b) end insert begin insert   end insert One copy of the statement of return of votes cast for each
begin insert voting end insert machine shall be posted upon the outside wall of the precinct
for all to see. begin insert The copy of the result shall be signed by the members
of the precinct board. end insert To protect a person’s right to cast a secret
ballot under Section 7 of Article II of the California Constitution,
in cases where fewer than 10 voters cast ballots on any single
begin insert voting end insert machine on which the results are tallied at the precinct, the
precinct board shall begin insert read and end insert post only the total number of people
who voted begin delete at end delete begin insert on end insert that begin delete precinct on the end delete begin insert voting end insert machine begin delete that keeps
vote tallies end delete . The statement of return of votes cast for each begin insert voting end insert
machine for the precinct shall constitute the precinct statement of
result of votes cast.

SEC. 12.  

Section 19371 of the Elections Code is amended to
read:

19371.  

Before adjourning, the precinct board shall seal begin delete the
operating lever end delete begin insert each voting machine end insert with the seal begin insert or seals end insert provided
and lock the begin insert voting end insert machine begin delete so that the voting and counting
mechanism may not be operated end delete .

It shall remain locked and sealed against operation until the time
for filing a contest of election has expired begin delete , which shall not exceed
a period of 30 days following the declaration of the result of the
election by the body canvassing the returns end delete .

SEC. 13.  

Section 19380 of the Elections Code is repealed.

begin delete

19380.  

During the reading of the result of votes cast, any
candidate or watcher who may desire to be present shall be
admitted to the polling place. The proclamation of the result of the
votes cast shall be distinctly announced by the precinct board who
shall read the name of each candidate, or the designating number
and letter of his or her counter, and the vote registered on the
counter. The board shall also read the vote cast for and against
each measure submitted. The board shall not count votes cast for
write-in candidates, but shall have these counted by the elections
official. During the proclamation ample opportunity shall be given
to any person lawfully present to compare the result so announced
with the counter dials of the machine, and any necessary corrections
shall then and there be made by the precinct board, after which
the doors of the voting machine shall be closed and locked.

To protect a person’s right to cast a secret ballot under Section
7 of Article II of the California Constitution, in cases where fewer
than 10 votes are cast on any single machine on which the results
are tallied at the precinct, the precinct board shall read only the
total number of people who voted at the precinct on the machine
that keeps vote tallies.

If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.

end delete

SEC. 14.  

Section 19381 of the Elections Code is repealed.

begin delete

19381.  

In each election district where voting machines are
used, statements of the results of the vote cast shall be printed to
conform with the type of voting machine used.

The designating number and letter on the counter for each
candidate shall be printed next to the candidate’s name on the
statements of result of the vote cast. Two such statements shall be
used in each election district.

end delete

SEC. 15.  

Section 19382 of the Elections Code is amended and
renumbered to read:

begin delete 19382. end delete
begin insert 19380 end insert   

The statement of the result of votes cast, which shall be
certified by the precinct board, shall contain:

(a) The total number of votes cast.

(b) The number of votes cast for each candidate and measure
as shown on the begin delete counter end delete begin insert statement of return of votes cast end insert .

(c) The number of votes for persons not nominated.

(d) Printed directions to the precinct board for their guidance
before the polls are opened and when the polls are closed.

(e) A certificate which shall be signed by the election officers
before the polls are opened, showing:

(1) The delivery of the keys in a sealed envelope.

(2) The number on the seal.

(3) The number registered on the protective counter.

(4) Whether all of the counters are set at zero (000).

(5) Whether the public counter is set at zero (000).

begin delete

(6) Whether the ballot labels are properly placed in the machine.

end delete

(f) A certificate that shall be filled out after the polls have been
closed, showing:

(1) That the begin insert voting end insert machine has been locked against voting and
sealed.

(2) The number of voters as shown on the public counter.

(3) The number on the seal begin insert or seals end insert .

(4) The number registered on the protective counter.

(5) That the voting machine is closed and locked.

SEC. 16.  

Section 19383 of the Elections Code is repealed.

begin delete

19383.  

A member of the precinct board shall enter the vote,
as registered, on the statements of result of votes cast, in the same
order on the space that has the same name or designating number
and letter, after which another member shall verify the figures by
calling them off in the same manner from the counters of the
machine. The counter compartment of the voting machine shall
remain open until the official returns and all other reports have
been fully completed and verified by the precinct board.

If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.

end delete

SEC. 17.  

Section 19384 of the Elections Code is repealed.

begin delete

19384.  

The precinct board shall, before it adjourns, post
conspicuously on the outside of the polling place a copy of the
result of the votes cast at the polling place. The copy of the result
shall be signed by the members of the precinct board. To protect
a person’s right to cast a secret ballot under Section 7 of Article
II of the California Constitution, in cases where fewer than 10
voters cast ballots on any single machine on which the results are
tallied at the precinct, the precinct board shall post only the total
number of people who voted at that precinct on the machine that
keeps vote tallies.

If the machine is provided with a recording device, the statement
of result of votes cast produced by operating its mechanism may
be considered the “result of the votes cast” at the polling place.

end delete

SEC. 18.  

Section 19385 of the Elections Code is amended and
renumbered to read:

begin delete 19385. end delete
begin insert 19381 end insert   

The precinct board shall immediately transmit unsealed
to the elections official a copy of the result of the votes cast at the
polling place, the copy shall be signed by the members of the
precinct board, and shall be open to public inspection.

SEC. 19.  

Section 19386 of the Elections Code is repealed.

begin delete

19386.  

Before proceeding to canvass the returns of an election
at which voting machines have been used to register the votes cast,
the board authorized to canvass returns shall open the counter
compartment and compare the records of votes cast for the several
candidates voted for and for and against the several measures voted
upon shown on each machine with those recorded on the statement
of results of votes cast prepared from that machine by the precinct
board. Any errors found on the statement shall be corrected by
crossing out the recorded incorrect number, and recording the
correct number nearby.

If the machine is provided with a recording device, the board
shall inspect the statement of return of votes cast record. However,
for good and sufficient cause the board shall unseal the machines
and take off and record the records of votes cast for the several
candidates and for and against the several measures voted upon.
Each voting machine shall immediately be resealed.

end delete

SEC. 20.  

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.