BILL ANALYSIS �
AB 2631
Page 1
Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2631 (Dababneh) - As Amended: April 9, 2014
SUBJECT : Elections: voting machines.
SUMMARY : Updates the definition of a "voting machine" and
revises other provisions of the Elections Code that apply to
elections conducted on a lever voting machine. Specifically,
this bill :
1)Updates the definition of a "voting machine" to mean any
electronic device including, but not limited to, a precinct
optical scanner and a direct recording electronic (DRE) 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, instead of 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.
2)Clarifies and modifies provisions of law that allow any voter
using a vote by mail (VBM) ballot, prior to the close of the
polls on election day, to vote the ballot at an election
official's office or satellite office. Requires an elections
official, where DRE voting systems are used, to provide
sufficient DREs to include all ballot types in the election.
3)Modifies and repeals precinct board requirements and
procedures related to the closing of the polls, which includes
the locking and sealing of voting machines and the reading,
posting, and inspection of the return of votes cast for that
precinct.
4)Repeals obsolete provisions of law regarding ballot labels for
lever voting machines.
5)Makes other conforming and technical changes.
EXISTING LAW :
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1)Defines a 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 for each measure.
2)Defines a DRE voting system to mean 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.
3)Permits any voter using a VBM ballot, prior to the close of
the polls on election day, to vote the ballot at the office or
satellite office of an elections official. Allows the
elections official, where voting machines are used, to provide
one voting machine for each ballot type used within the
jurisdiction. Permits an elections official to use electronic
voting devices for this purpose if sufficient devices are
provided to include all ballot types in the election.
4)Requires a precinct board, as soon as the polls are closed, to
comply with specified requirements related to the closing of
the polls, including, but not limited to, the locking and
sealing of voting machines and the reading and posting of the
statement of return of votes cast for the precinct.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
The current definition of "voting machines" in the
California Elections Code refers to obsolete gear-and-lever
mechanical devices that have not been deployed for a
California election since Merced County discontinued their
use following the November 1994 general election. The days
of gear-and-lever voting machines are long gone so it is
time to update the definitions in the Election[s] Code
relating to voting machines and polling place procedures to
capture the nuances of the newer machines currently in use
to bring clarity and transparency to the law.
Assembly Bill 2631 (Dababneh) updates the definition of
"voting machine" in California Elections Code and revises
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provisions regulating obsolete gear-and-lever voting
machines. AB 2631 will reduce confusion by focusing
statutory language on machines that are actually used in
California elections. The current definition of "voting
machine" was codified in the 1970s when the use of
gear-and-lever machines was permitted, but those machines
now fail to meet federal requirements specified in the
federal Help America Vote Act of 2002 and statutes related
to voting machines and polling place procedures fail to
capture the nuances of newer machines currently in use. AB
2631 ensures that there is clarity in [the] Elections Code
about the procedures and equipment used in California
elections.
2)History of Mechanical Lever Machines : First introduced in the
1890s, mechanical lever voting machines were used in the 20th
century. On a lever machine, the name of each candidate or
ballot issue choice is assigned a particular lever in a
rectangular array of levers on the front of the machine. A
set of printed strips visible to the voters identifies the
lever assignment for each candidate and issue choice. The
levers are horizontal in their unvoted positions. The voter
pulls down selected levers to indicate choices.
The first official use of a lever type voting machine, known
then as the "Myers Automatic Booth," occurred in Lockport, New
York in 1892. Later, they were employed on a large scale in
the city of Rochester, New York, and soon were adopted
statewide. By 1930, lever machines had been installed in
virtually every major city in the United States, and by the
1960's well over half of the Nation's votes were being cast on
these machines.
Because these machines are no longer made, the trend was to
replace them with computer-based electronic systems. The
outdated lever voting machines are no longer used in
California elections.
3)Help America Vote Act of 2002 : In 2002, Congress passed and
President George W. Bush signed the Help America Vote Act
(HAVA). Among its provisions, HAVA established standards for
voting equipment. In general, HAVA requires a voting system
used in an election for federal office to notify the voter
when he or she selects more than one candidate for a single
office on the ballot, notify the voter before the ballot is
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cast and counted of the effect of casting multiple votes for
the office, and provide the voter with the opportunity to
correct the ballot before the ballot is cast and counted.
Additionally, HAVA requires a voting system to meet certain
requirements relating to audit capacity, alternative language
accessibility, error rate, and accessibility for individuals
with disabilities.
HAVA also provided federal matching grants to states to help pay
for modernizing voting equipment. Most jurisdictions at the
time did not have electronic voting systems, relying on punch
cards, lever machines, and paper ballots. However, with the
new HAVA voting system standards and HAVA funds, many
jurisdictions purchased new voting systems, such as DRE voting
systems and optical scanners. In April 2003, California
received $265 million in HAVA funds; including $75 million for
new voting equipment. These voting equipment funds were
distributed to each county beginning in 2004. California
counties were then authorized to purchase a new voting system.
Nearly all California counties purchased their voting systems
from five different vendors.
According to the author, not only are lever machines no longer
used to conduct elections in California, but they fail to meet
the federal HAVA requirements specified above. This bill,
which updates the definition of a "voting machine" and revises
other provisions of the Elections Code that apply to elections
conducted on a lever voting machine, will bring greater
clarity to the Elections Code and reduce confusion by focusing
statutory language on machines that are actually used in
California elections.
4)Changes to Existing Law : This bill updates the Elections Code
to reflect that lever voting machines are no longer in use in
California elections. The changes made to existing law by
this bill are mostly non-substantive. First, this bill
updates the definition of a "voting machine" to eliminate
references of lever machines and instead reflect modern voting
systems.
Second, this bill makes corresponding changes to provisions of
the Elections Code regarding the procedures and equipment used
in elections. For example, this bill repeals obsolete
provisions of law regarding ballot labels that apply to
elections that are conducted on a lever voting machine. In
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addition, this bill modifies precinct board requirements and
procedures related to the closing of the polls, which includes
the locking and sealing of voting machines and the reading,
posting, and inspection of the return of votes cast for that
precinct that apply to elections conducted on a lever voting
machine.
Third, this bill clarifies and updates corresponding code
sections where the term "voting machine" is used. Current law
permits any voter using a VBM ballot, prior to the close of
the polls on election day, to vote the ballot at an elections
official office or satellite office. Existing law
additionally allows the elections official, where voting
machines are used, to provide one voting machine for each
ballot type used within the jurisdiction. In practice most
county elections officials use a DRE voting system to comply
with this requirement because DREs have the ability to accept
multiple ballot styles. This bill updates the code to reflect
current practice and requires an elections official, where DRE
voting systems are used, to provide sufficient DREs to include
all ballot types in the election.
Finally, this bill makes other conforming changes.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094