BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 2631 HEARING DATE: 6/24/14
AUTHOR: DABABNEH ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 6/17/14
FISCAL: YES
SUBJECT
Elections: voting machines
DESCRIPTION
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, and for these purposes 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.
Existing law requires the Secretary of State (SOS) to certify or
conditionally approve a direct recording electronic (DRE) voting
system only if the system includes an accessible voter verified
paper audit trail. Existing law 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.
Existing law allows the elections official, where voting
machines are used, to provide one voting machine for each ballot
type used within the jurisdiction. Existing law also 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.
Existing law specifies the procedure to be followed for counting
ballots in connection with the semifinal official canvass for an
election and also requires a precinct board to comply with
specified requirements related to the closing of the polls,
including, but not limited to the locking and sealing of voting
machines, the reading and posting of the statement of return of
votes cast for the precinct, and to also sign and return to the
elections official all furnished forms requiring signatures.
Existing law also requires all members of the precinct board,
upon the completion of their duties, to sign a certificate of
performance certifying the total number of votes received by
each candidate for each office and the total number of votes
cast for and against each measure is as indicated on the tally
sheets.
Existing law provides specified procedures after the close of
polls, including the requirement for a precinct board member to
read and distinctly announce, in the order of the offices as
their titles are arranged on the machine, 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.
This bill redefines "voting machine" to mean 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.
This bill requires an elections official to provide sufficient
DRE voting systems at the office of the elections official or
satellite location such that all ballot types in the election
may be cast, including VBM ballots.
This bill requires as soon as the polls are closed, the precinct
board, in the presence of the watchers and all others lawfully
present, to 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 existing law.
(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
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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.)
m (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.
m
(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.
____________________________ _________________________
Inspector Clerk
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____________________________ _________________________
Assistant Inspector Clerk
____________________________ _________________________
Judge Clerk
____________________________ _________________________
Judge Clerk
This bill requires the precinct board to 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.
This bill protect a person's right to cast a secret ballot in
cases where fewer than 10 voters cast ballots on any single
voting machine on which the results are tallied at the precinct.
In those instances, the precinct board shall post only the
total number of people who voted on that voting machine, and not
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.
This bill makes other conforming changes and repeals multiple
obsolete provisions of the Elections Code.
BACKGROUND
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 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
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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.
COMMENTS
1. According to the Author : Assembly Bill 2631 repeals and
revises California Elections Code references to obsolete
gear-and-lever voting machines and updates the definition of
"voting machine." 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 also
clarifies polling place procedures for modern voting machines
now used for California elections.
When it comes to ensuring transparency of democratic elections,
it is critical to have election laws that are easy to
understand for all parties involved - including elections
officials, poll workers, campaigns, and other observers.
Existing law is not transparent or clear when it comes to
voting machines and related procedures.
AB 2631 restores clarity and transparency to the voting machine
definition, creates a plain language Certificate of
Performance for poll worker reporting of precinct vote count
results, simplifies 48-hour posting procedures, and preserves
longstanding statutory protections for secret ballots.
2. Related Legislation : AB 2797 (Assembly Elections and
Redistricting Committee), Ch. 402, Statutes of 2010 which
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among its multiple provisions, codified the procedure for
ensuring ballot secrecy in posting voting machine results as
well as preserving procedures and requirements for the
posting of polling place voting results.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 6-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 71-1
POSITIONS
Sponsor: Secretary of State
Support: Verified Voting
Oppose: California Association of Clerks and Election
Officials
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