BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2631|
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THIRD READING
Bill No: AB 2631
Author: Dababneh (D)
Amended: 6/17/14 in Senate
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 6/24/14
AYES: Padilla, Hancock, Jackson, Pavley
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 71-1, 5/8/14 - See last page for vote
SUBJECT : Elections: voting machines
SOURCE : Secretary of State
DIGEST : This bill updates the definition of a voting machine
and revises other provisions of the Elections Code.
ANALYSIS : Existing law:
1.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/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.
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2.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. 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/her vote
directly onto a tangible ballot.
3.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.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.
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.
5.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/she shall
also in the same manner announce the vote on each measure.
This bill:
1.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
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his/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.
2.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.
3.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:
A. Count the votes cast on voting machines and report the
results pursuant to existing law.
B. Complete, sign, and return to the elections official all
furnished forms requiring its signatures.
1.Requires 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.
2.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.
3.Protects 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.
4.Makes other conforming changes and repeals multiple obsolete
provisions of the Elections Code.
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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/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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/4/14)
Secretary of State (source)
Verified Voting
OPPOSITION : (Verified 8/4/14)
California Association of Clerks and Election Officials
ARGUMENTS IN SUPPORT : According to the Secretary of State,
the sponsor of the bill, "Gear-and-lever voting machines were
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first developed in the 1890s and were used widely in the 20th
century. However, these outdated machines have not been
deployed for a California election since Merced County
discontinued their use following the November 1994 general
election.
"The current definition of 'voting machine' is 38 years old and
was tailored to those gear-and-lever machines. AB 2631 updates
the definition of 'voting machine' to eliminate references to
gear-and-lever machines and to include modern voting systems.
"This measure 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 the existing procedures for posting results
outside of a polling place for 48 hours, and preserves
longstanding statutory protections for secret ballots."
ARGUMENTS IN OPPOSITION : According to the California
Association of Clerks and Election Officials, this bill
"proposes to amend the definition of a voting machine (EC 361)
in terms that we, as those who use them, consider to narrow the
tango of voting technology which may be considered and used in
the future. Further the bill inexplicably leaves the definition
of voting device (EC 360) and voting system (EC 362) untouched.
While it may be helpful for all of these terms to be updated and
redefined to accommodate future technology, we see no reason to
tinker with these definitions on the eve of the implementation
of SB 360 which redefines and recasts the entire voting system
and certification paradigm. We believe that any such
definitional changes would be best accomplished as part of the
implementation of SB 360 rather than risk adopting a definition
now which would impair the purposes of SB 360."
"Members of the legislative committee have met with the staff
from the Secretary of State's Office to discuss this sponsored
bill and to express our concerns. We have not come to an
agreement and wish to continue to work with the Secretary's
staff. We are also concerned with the addition of a new
election night requirement called a Certificate of Performance.
The effect of this provision will be delays in preparing,
transporting and processing election night returns with no
apparent benefit."
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ASSEMBLY FLOOR : 71-1, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Melendez, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, John A. P�rez
NOES: Bigelow
NO VOTE RECORDED: Eggman, Gorell, Gray, Logue, Mansoor, Mullin,
V. Manuel P�rez, Vacancy
RM:nl 8/4/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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