Amended in Senate June 17, 2014

Amended in Assembly April 9, 2014

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, begin delete 19370, end delete begin insert 15250, end insert and 19371 of, to amend the heading of Article 5 (commencing begin insert with end insert Section 13282) of Chapter 3 of Division 13 of, to amend and renumber Sections 19382 and 19385 of, begin insert to add Section 15250.5 to, end insert and to repeal Sections 13283, 13284, 13285, 13286, 13287, 13288, 13289, begin insert 19370, end insert 19380, 19381, 19383, 19384, and 19386 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2631, as amended, 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.

Existing law requires that the Secretary of State certify or conditionally approve a direct recording electronic voting system only if the system includes an accessible voter verified paper audit trail. Existing law defines for these purposes the term “direct recording electronic voting system” as a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.

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. The bill would substitute certain references to the term “voting system” with the term “direct recording electronic voting system.”

begin insert

Existing law specifies the procedure to be followed for counting ballots in connection with the semifinal official canvass for an election. Existing law requires a precinct board to complete a certificate of performance and to post a results of votes cast form if votes are manually counted at the precinct, among other requirements.

end insert begin insert

This bill would require a precinct board counting votes at the precinct by means of a voting machine to also complete a certificate of performance and to post a results of votes cast form, as specified.

end insert

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 electronic device, including,
but not limited to, a precinct optical scanner and a direct recording
voting system, into which a voter may enter his or her votes, and
which, by means of electronic tabulation and generation of
printouts or other tangible, human-readable records, furnishes a
total of the number of votes cast for each candidate and for or
against each 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 direct recording electronic voting
systems, as defined in subdivision (b) of Section 19271, are used
the elections official shall provide sufficient direct recording
electronic voting systems 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 provides sufficient direct
recording electronic voting begin delete systems to include end delete begin insert systems such that end insert
all ballot types in the election begin insert may be cast end insert , the vote by mail ballot
may be cast on a direct recording electronic voting system.

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.  Ballot Labels

 

SEC. 4.  

Section 13283 of the Elections Code is repealed.

SEC. 5.  

Section 13284 of the Elections Code is repealed.

SEC. 6.  

Section 13285 of the Elections Code is repealed.

SEC. 7.  

Section 13286 of the Elections Code is repealed.

SEC. 8.  

Section 13287 of the Elections Code is repealed.

SEC. 9.  

Section 13288 of the Elections Code is repealed.

SEC. 10.  

Section 13289 of the Elections Code is repealed.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 15250 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

begin delete

15250.  

The ballots may be counted at the polls if a counting
or tabulating machine approved therefor pursuant to Article 1
(commencing with Section 19200) of Chapter 3 of Division 19 is
available at the polls.

end delete begin insert

begin insert 15250. end insert   

This article applies to all elections in which votes are
counted by means of a voting machine.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 15250.5 is added to the end insert begin insert Elections Code end insert begin insert , to
read: end insert

begin insert

begin insert 15250.5. end insert   

(a) 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 do all of the following:

(1) Count the votes cast on voting machines and report the
results pursuant to subdivisions (b) and (c).

(2) Complete, sign, and return to the elections official all
furnished forms requiring its signatures.

(b) When votes are counted on one or more voting machines at
the precinct, all members of the precinct board, upon the
completion of their duties, shall sign a certificate of performance,
which shall be substantially in the following form:

Certificate of Performance

This certificate of performance is for precinct ____, for the ____
election, held on the ____ day of ____, (year).

We hereby certify ONE of the following: (Please check only the
one that applies.)

(A) RESULTS OF VOTES CAST FROM ALL VOTING
MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling
place includes the total number of votes cast on each voting
machine for each candidate for each office, and the total number
of votes cast on each voting machine for and against each ballot
measure.

(2) The results of votes cast form provided to the county
elections official shows the same numbers.

(B) RESULTS OF VOTES CAST ARE NOT POSTED FOR
VOTING MACHINES THAT RECORDED FEWER THAN 10
BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING
MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling
place includes the total number of votes cast on each voting
machine for each candidate for each office, and the total number
of votes cast on each voting machine for and against each ballot
measure, except as provided in paragraph (2).

(2) For each voting machine recording fewer than 10 ballots,
only the number of ballots cast on that machine is posted.

(3) The results of votes cast form provided to the county
elections official shows the same numbers.

(C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY
VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS
WERE CAST IN THE PRECINCT.

In this case, only the number of ballots cast on each voting
machine is posted and included on the results of votes cast form
provided to the county elections official.

 

begin insert     Inspector     Assistant Inspector     Judge     Judge end insert

begin insert   end insert

begin insert     Clerk     Clerk     Clerk     Clerk end insert

 

 

(c) (1) The precinct board shall sign and post conspicuously
on the outside of the polling place a copy of the results of votes
cast form. The copy shall remain posted for at least 48 hours after
the official time fixed for the closing of the polls.

(2) 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 voting machine on
which the results are tallied at the precinct, the precinct board
shall post only the total number of people who voted on that voting
machine, and shall not post the total number of votes cast on each
voting machine for each candidate for each office or the total
number of votes cast on each voting machine for and against each
ballot measure.

end insert

begin delete

SEC. 11.  

Section 19370 of the Elections Code is amended to
read:

19370.  

(a) 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
generate from each voting machine at least three copies of a
statement of return of votes cast.

(b) One copy of the statement of return of votes cast for each
voting machine shall be posted upon the outside wall of the precinct
for all to see. 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
voting machine on which the results are tallied at the precinct, the
precinct board shall post only the total number of people who voted
on that voting machine. The statement of return of votes cast for
each voting machine for the precinct shall constitute the precinct
statement of result of votes cast.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 19370 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19370.  

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 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, read and distinctly announce the name
or designating number and letter on each counter for each
candidate’s name and the result as shown by the counter numbers.
He or she shall also in the same manner announce the vote on each
measure.

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. One copy of the statement of return of votes cast for each
machine shall be posted upon the outside wall of the precinct for
all to see. 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. The statement of return of votes
cast for each machine for the precinct shall constitute the precinct
statement of result of votes cast.

end delete

begin delete SEC. 12. end delete
begin insert SEC. 14. end insert   

Section 19371 of the Elections Code is amended to
read:

begin delete

19371.  

Before adjourning, the precinct board shall seal each
voting machine with the seal or seals provided and lock the voting
machine.

end delete

begin insert

begin insert 19371. end insert   

end insert begin insert

Before adjourning, the precinct board shall do all of
the following:

end insert begin insert

(a) Comply with the requirements of Section 15250.5.

end insert begin insert

(b) Seal each voting machine with the seal or seals provided.

end insert begin insert

(c) Lock the voting machines.

end insert

begin delete SEC. 13. end delete
begin insert SEC. 15. end insert   

Section 19380 of the Elections Code is repealed.

begin delete SEC. 14. end delete
begin insert SEC. 16. end insert   

Section 19381 of the Elections Code is repealed.

begin delete SEC. 15. end delete
begin insert SEC. 17. end insert   

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

19380.  

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 statement of return of votes cast.

(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 or seals.

(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).

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

(1) That the voting 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 or seals.

(4) The number registered on the protective counter.

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

begin delete SEC. 16. end delete
begin insert SEC. 18. end insert   

Section 19383 of the Elections Code is repealed.

begin delete SEC. 17. end delete
begin insert SEC. 19. end insert   

Section 19384 of the Elections Code is repealed.

begin delete SEC. 18. end delete
begin insert SEC. 20. end insert   

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

19381.  

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.

begin delete SEC. 19. end delete
begin insert SEC. 21. end insert   

Section 19386 of the Elections Code is repealed.

begin delete SEC. 20. end delete
begin insert SEC. 22. end insert   

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.