BILL NUMBER: AB 21	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009
	AMENDED IN ASSEMBLY  MARCH 18, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 18, 2009

INTRODUCED BY   Assembly  Member   Bonnie
Lowenthal   Members   Bonnie Lowenthal 
 and Saldana 

                        DECEMBER 1, 2008

   An act to  add Section 14083 to the Food and Agricultural
Code, relating to pesticides.   amend Sections 15620,
15621, 16401, and 16421 of, and to add Chapter 8.5 (commencing with
Section 15560) to Division 15 of, the Elections Code, relating to
elections. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 21, as amended, Bonnie Lowenthal.  Pesticides: methyl
bromide: study and report.   Elections: audits. 

   Under existing law, an elections official must conduct a public
manual tally of votes cast in an election and tabulated by a
mechanical, electromechanical, or electronic system in 1% of the
precincts in the jurisdiction, chosen at random by the elections
official.  
   This bill would require an elections official, after an election,
to calculate the margin of victory for each contest on the ballot at
the election. For each contest in which the margin of victory was
less than 1/2 of 1%, this bill would require the elections official
to conduct a public manual tally for a specified percentage of
precincts within the jurisdiction, which would be known as a
postcanvass audit. The bill would require an elections official to
report to the public any variances between the results of the machine
tally and postcanvass audit. The bill would require the elections
official to calculate the percentage of variance in the audited
precincts, by dividing the number of variances found in the audited
precincts by the total number of votes cast within those precincts.
If the percentage of variance is 50% or greater of the margin of
victory for the contest, this bill would require the elections
official to add precincts to the postcanvass audit until either the
percentage of variance is less than 50% of the margin of victory for
the contest or all of the votes cast for the contest in the
jurisdiction have been manually tallied, whichever occurs first. If
the postcanvass audit includes all of the precincts in the
jurisdiction and reveals that the outcome of a contest in a precinct
was different than that found by the machine tally, this bill would
require the elections official to amend the certified statement of
results for that precinct to reflect the result revealed by the
postcanvass audit. The bill would also provide other related
procedures for conducting the postcanvass audit.  
   Because this bill would require a higher level of service from
local elections officials, it would impose 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.  
   Existing law requires the Director of Pesticide Regulation to
adopt regulations that govern the use of methyl bromide and
chloropicrin as field fumigants, and authorizes the director to
prescribe the time when, and the conditions under which, methyl
bromide and chloropicrin may be used in different areas of the state.
 
   This bill would require the Department of Pesticide Regulation to
conduct a review of the assessment undertaken pursuant to the 8th
meeting of the Conference of the Parties to the Vienna Convention for
the Protection of the Ozone Layer and the 20th meeting of the
Parties to the Montreal Protocol on Substances that Deplete the Ozone
Layer by the Technology and Economic Assessment Panel regarding
methyl bromide, and comment on the findings of the panel. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 8.5 (commencing with Section
15560) is added to Division 15   of the   Elections
Code   , to read:  
      CHAPTER 8.5.  POSTCANVASS AUDITS


   15560.  For purposes of this chapter:
   (a) "Postcanvass audit" means a public manual tally of the votes
cast in a contest in a percentage of precincts within the
jurisdiction, pursuant to this chapter.
   (b) "Unofficial final results" means the election results upon
completion of the official canvass, as defined in Section 335.5 and
subdivisions (a) to (g), inclusive, of Section 15302, but before
reporting final results to the governing board or the Secretary of
State, or both, as specified in subdivision (h) of Section 15302.
   (c)  "Variance" means a difference between the machine tally and
the postcanvass audit for a contest, including differences due to a
machine or operational malfunction or due to a ballot that has been
marked in a manner that cannot be machine counted.
   (d) "Vote-for-one contest" means an election on a measure or a
contest in an election for an office in which a voter may select only
one candidate.
   (e) "Vote-for-multiple contest" means a contest in an election for
an office in which a voter may select two or more candidates.
   15561.  After an election, each elections official shall determine
the margin of victory within the jurisdiction of that election in
each contest in the election based upon the official canvass results
as follows:
   (a) For a vote-for-one contest, the margin of victory is the
difference between the percentage of overall votes cast for the
winning candidate or position and the percentage of overall votes
cast for the second place candidate or position.
   (b) For a vote-for-multiple contest, the margin of victory is the
difference between the percentage of overall votes cast for the
candidate with the lowest number of votes needed to win a seat and
the percentage of overall votes cast for the candidate with the next
lowest number of votes.
   (c) For a ballot measure contest, including a recall contest, the
margin of victory is the difference between the percentage of votes
cast in favor of the measure and the percentage of overall votes
required for the measure to pass.
   15562.  (a) In an election contest in which the margin of victory,
based upon the official canvass results or the unofficial final
results, as provided in subdivision (b), is less than one-half of 1
percent, the elections official shall conduct a postcanvass audit of
the votes cast in that contest as follows:
   (1) For a statewide contest, the postcanvass audit shall include 2
percent of the precincts, chosen at random, in each county.
   (2) For a legislative or congressional contest, or a contest
involving 100 precincts or more that is not a statewide contest, the
postcanvass audit shall include 5 percent of the precincts in the
jurisdiction in which votes were cast in the contest, chosen at
random.
   (3) For a contest not subject to paragraph (1) or (2), the
postcanvass audit shall include 10 percent of the precincts in each
jurisdiction in which votes were cast in the contest, chosen at
random.
   (4) In lieu of the requirements set forth in paragraphs (1) to
(3), inclusive, an elections official may instead conduct a
postcanvass audit of a higher percentage of randomly selected
precincts. If the postcanvass audit does not include 100 percent of
the precincts involved in the contest, then the elections official
must comply with Section 15571.
   (b) If the unofficial final results indicate that a postcanvass
audit will be required by this chapter, an elections official may
begin the postcanvass audit during the canvass period based on the
unofficial final results.
   15563.  (a) In a contest voted upon in more than one jurisdiction,
the elections official of each jurisdiction in which votes were cast
in the contest shall do the following:
   (1) Determine whether a postcanvass audit is required by Section
15562 by calculating the overall margin of victory in all
jurisdictions in which votes were cast in the contest.
   (2) If a postcanvass audit is required, conduct the audit pursuant
to this chapter separate of any postcanvass audit conducted in
another jurisdiction in which the contest was voted upon, except that
the determination of whether additional precincts must be included
in the postcanvass audit pursuant to Section 15571 shall be
determined based on the overall variance percentage for all
jurisdictions in which votes were cast in the contest after
completion of the initial audit pursuant to Section 15561 in all
jurisdictions.
   (b) For a legislative, congressional, or statewide contest, the
Secretary of State shall determine whether a postcanvass audit is
required based upon the official canvass results and margin of
victory for the entire district for a legislative or congressional
contest or the entire state for a state contest.
   15564.  Before beginning a postcanvass audit, the elections
official shall do the following:
   (a) Provide public notice of the time and place of the random
selection of the precincts to be manually tallied and of the time and
place of the postcanvass audit at least five days prior to the
selection of the precincts.
   (b) Make the official canvass precinct tally results, or the
unofficial final precinct tally results if the audit is being
performed in accordance with subdivision (b) of Section 15562,
available to the public.
   15565.  (a) A postcanvass audit shall commence as soon as possible
after the random selection of precincts and in no event later than
five days after the elections official prepares a certified statement
of the results of the election pursuant to Section 15372. If a
contest voted upon in more than one jurisdiction is subject to a
postcanvass audit pursuant to this chapter, the elections officials
from each jurisdiction shall begin the postcanvass audit not later
than 5 days after the certified statement of results of the election
has been completed in all of the jurisdictions involved in the
contest.
   (b) The elections official shall permit the public to observe the
postcanvass audit process, including the random selection of
precincts. The elections official shall not permit members of the
public to touch ballots, voter verifiable paper audit trail records,
or other official materials used in the postcanvass audit process or
to interfere in any way with the postcanvass audit process.
   (c) Nothing in this chapter permits the examination of ballots and
other materials as permitted in a recount pursuant to Section 15630.

   15566.  (a) Results for ballots manually tallied pursuant to
Section 15360 may be included as part of the postcanvass audit
required by this chapter, provided that ballots tallied after
election night remain segregated and can be tallied separately.
   (b) The elections official shall comply with the tally procedures
established for conducting manual tallies under Section 15360 when
conducting a postelection postcanvass audit required by this chapter,
except that the elections official is not required to include a
report of the results in the certification of the official tally in
accordance with subdivision (e) of Section 15360.
   15567.  An individual performing a postcanvass audit shall perform
the audit by hand without the use of electronic scanning equipment.
At no time during the postcanvass audit process shall the individual
be informed of the corresponding machine tally results. An individual
performing a postcanvass audit shall not be assigned to tally the
results from a precinct in which he or she was a poll worker on
election day.
   15568.  The elections official shall take appropriate measures to
ensure the following:
   (a) That voter verifiable paper audit trail records from direct
recording electronic ballots that were canceled before being cast are
not tallied as valid ballots in the postcanvass audit.
   (b) That a damaged or defective ballot that has been substituted
for by a duplicate copy pursuant to Section 15210 is not tallied as a
valid ballot in the postcanvass audit.
   15569.  The elections official shall establish security procedures
for the secure interim storage of ballots and to detect any
unauthorized access to ballots.
   15570.  An elections official shall document and disclose to the
public any variances. Variances shall be calculated as follows:
   (a) If a postcanvass audit establishes that the machine tally
erroneously attributed a vote for one candidate or measure instead of
another candidate or measure, two variances result because the vote
totals for each candidate or measure are changed by one vote in the
postcanvass audit.
   (b) If the postcanvass audit determines that a vote was cast in a
contest on a ballot that the machine tally interpreted as an
undervote in the contest, one variance results because the machine
tally undervote becomes a vote for a candidate or a vote for or
against a measure in the postcanvass audit.
   15571.  (a) For a contest in which there exists one or more
variances, the elections official shall calculate the percentage of
variance as follows:
   (1) For vote-for-one contests, only variances that narrow the
margin between the winner and any of the losers shall be included in
the total number of variances.
   (2) For vote-for-multiple contests, only variances that narrow the
margin of victory between any of the winners and any of the losers
shall be included in the total number of variances.
   (3) For any contest, variances resulting from ballots cast for
unqualified write-in candidates shall not be included in the total
number of variances.
   (4) After deducting variances in accordance with paragraphs (1) to
(3), inclusive, the elections official shall divide the remaining
number of variances found in the postcanvass audit for the contest by
the total number of votes cast for that contest in precincts
included in the postcanvass audit.
   (b) If the percentage of variance is equal to or greater than 50
percent of the margin of victory for that contest based on the
official canvass results, or based on the unofficial final results if
the audit was performed in accordance with subdivision (b) of
Section 15562, additional precincts shall be manually tallied for
that contest.
   (c) Precincts added to the postcanvass audit pursuant to
subdivision (b) shall be tallied in randomly selected blocks of 5
percent of the precincts in which votes were cast in the contest
until the percentage of variance, recalculated using the method set
forth in subdivision (a), is less than 50 percent of the overall
margin of victory in that contest, or until all votes cast for the
contest in the jurisdiction have been manually tallied, whichever
occurs first.
   (d) If a variance is found between manually tallied voter
verifiable paper audit trail records and corresponding electronic
vote results that cannot be accounted for by some obvious mechanical
problem, the elections official shall preserve the voter verifiable
paper audit trail records, memory cards and devices, and direct
recording electronic voting machines and notify the Secretary of
State in order to investigate the cause of the problem.
   15572.  If a postcanvass audit to which all precincts in the
jurisdiction were subject reveals a different outcome in a contest
than that shown by the machine tally for that contest, the elections
official shall amend the certified statement of results of the
election, prepared pursuant to Section 15372, by entering the result
of the postcanvass audit in each precinct affected, which result
shall, for all purposes thereafter, be the official return of the
precinct for the contest subject to the postcanvass audit.
   (b) The elections official shall submit the amended statement of
the results of the election to the governing body of the jurisdiction
or the Secretary of State, as required for the original statement of
results of the election.
   15573.  (a) The elections official shall keep a log to record the
postcanvass audit process, including the results of each round of
postcanvass auditing for each precinct included in the audit, how
variances were reconciled, and details of actions taken contrary to
this chapter. The elections official shall make the log available to
the public.
   (b) The elections official shall compile and submit to the
Secretary of State a report summarizing the results of a postcanvass
audit required by this chapter. The report shall contain, at a
minimum, the following information:
   (1) For each precinct in the postcanvass audit, a comparison of
the results tallied by machine and the postcanvass audit results,
including undervotes and overvotes.
   (2) Identification of any variances between the machine count and
the postcanvass audit.
   (3) A description of how each identified variance was reconciled.
   15574.  This chapter does not:
   (a) Authorize the opening or auditing of ballots for a precinct
except for the purposes specified in this chapter.
   (b) Limit other provisions of law regarding an election recount or
contest.
   15575.  This chapter does not apply to the following election
contests:
   (a) A political party central committee election, as provided for
in Division 7 (commencing with Section 7050).
   (b) An advisory election, as provided for in Section 9603.
   15576.  The Secretary of State shall adopt regulations consistent
with this chapter and may promulgate regulations to develop a
statistical auditing model that achieves a higher level of
statistical confidence in the audited election results. 
   SEC. 2.    Section 15620 of the   Elections
Code   is amended to read: 
   15620.   (a)    Following completion of the
official canvass  and any postcanvass audit conducted pursuant to
Chapter 8.5 (commencing with Section 15560)  ,  any
  a  voter may, within five days thereafter, file
with the elections official responsible for conducting an election in
the county wherein the recount is sought a written request for a
recount of the votes cast for candidates for any office, for slates
of presidential electors, or for or against any measure, provided the
office, slate, or measure is not voted on statewide. The request
shall specify on behalf of which candidate, slate of electors, or
position on a measure (affirmative or negative) it is filed.
    (b)    If an election is conducted in more than
one county, the request for the recount may be filed with the
elections official of, and the recount conducted within, any or all
of the affected counties.
    (c)    For the purposes of this section
"completion of the canvass" shall be presumed to be that time when
the elections official signs the certified statement of the results
of the election except that, in the case of a city election, if a
city council canvasses the returns itself and does not order the
elections official to conduct the canvass as permitted by Section
10263, "completion of the canvass" shall be presumed to be that time
when the governing body declares the persons elected or the measures
approved or defeated.
   SEC. 3.    Section 15621 of the   Elections
Code   is amended to read: 
   15621.   (a)    Following completion of the
official canvass  and any post   canvass audit conducted
pursuant to Chapter 8.5 (commencing with Section 15560)  ,
 any   a  voter may, within five days
beginning on the 29th day after a statewide election, file with the
Secretary of State a written request for a recount of the votes cast
for candidates for any statewide office or for or against any measure
voted on statewide. The request shall specify in which county or
counties the recount is sought and shall specify on behalf of which
candidate, slate of electors, or position on a measure (affirmative
or negative) it is filed.
    (b)    The Secretary of State shall forthwith
send by registered mail one copy of the request to the elections
official of each county in which a recount of the votes is sought.
    (c)   All the other provisions of this article
shall apply to recounts conducted under this section.
   SEC. 4.    Section 16401 of the   Elections
Code   is amended to read: 
   16401.  The contestant shall verify the statement of contest, as
provided by Section 446 of the Code of Civil Procedure, and shall
file it within the following times after the declaration of the
result of the election  or of a post   canvass audit
conducted pursuant to Chapter 8.5 (commencing with Section 15560)
 by the body canvassing the returns thereof:
   (a) In cases other than cases of a tie, where the contest is
brought on any of the grounds mentioned in subdivision (c) of Section
16100, six months.
   (b) In all cases of tie, 20 days.
   (c) In cases involving presidential electors, 10 days.
   (d) In all other cases, 30 days.
   SEC. 5.    Section 16421 of the   Elections
Code   is amended to read: 
   16421.  The affidavit shall be filed in the office of the clerk of
the superior court having jurisdiction, within five days after 
either  the completion of the official canvass or of a
postcanvass audit conducted pursuant to Chapter 8.5 (commencing with
Section 15560)  by the  board of supervisors of the
 county last making the declaration.
   SEC. 6.    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.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) The economic benefits of ports to state, national, and global
economies are as follows:
   (1) About 13.3 million Americans were employed in jobs created by
commercial port activities in 2007, and average wages for these jobs
were forty-nine thousand dollars ($49,000) a year, twelve thousand
dollars ($12,000) more than the average United States wage.
   (2) Exporter/importer businesses and support industries that rely
on seaports contributed $3.15 trillion to the United States economy
in 2007 and paid nearly $212.5 billion in taxes that same year.
   (3) Seaport activities in 2007 accounted for $31.21 billion in
federal, state, and local tax revenues.
   (4) Customs revenue through seaports was $23.2 billion in 2007.
   (5) Deep-draft ports, which accommodate oceangoing vessels,
account for 99 percent of United States overseas trade by weight and
64 percent by value, international trade represents 29.7 percent of
the United States Gross Domestic Product, and the United States is
the largest trading nation in the world, accounting for 19 percent of
world goods trade.
   (b) (1) Trade activity through California's seaports is crucial to
the overall health of the state's economy.
   (2) California's ports handle one-fifth of all United States
international trade, and Los Angeles and Long Beach rank first and
second in dollar value of goods processed.
   (c) There are cases in which meeting the requirements of our
trading partners requires the use of methyl bromide in cleaning or
fumigating the containers used for shipments at the ports.
   (d) Methyl bromide is an odorless and colorless gas that has been
used as a soil fumigant and structural fumigant and to control pests
across a wide range of agricultural sectors. Methyl bromide depletes
the stratospheric ozone layer and has been largely phased out with
some exceptions for critical use where no substitute is available and
for quarantine and preshipment fumigation functions.
   (e) Because methyl bromide poses a threat to humans, animals, and
the environment, it is in the interest of the state that its use be
conducted under careful and appropriate regulation.
   (f) Workers who perform necessary fumigation with methyl bromide
are engaged in a dangerous activity and would benefit from the most
stringent health safeguards possible.
   (g) The report of the eighth meeting of the Conference of the
Parties to the Vienna Convention for the Protection of the Ozone
Layer and the twentieth meeting of the Parties to the Montreal
Protocol on Substances that Deplete the Ozone Layer called for the
Technology and Economic Assessment Panel referred to in that report
to review all relevant, currently available information on the use of
methyl bromide for specified applications and related emissions, to
assess trends in the major uses, available alternatives, and other
mitigation options and barriers to the adoption of alternatives, or
determine what additional information or action may be required to
meet those objectives. This assessment is required to contain, among
other things, both of the following:
   (1) The technological and economic availability of alternative
substances and technologies for methyl bromide uses by volume and of
technologies for methyl bromide technologies for methyl bromide
recovery, containment, and recycling.
   (2) Projects demonstrating technical and economic feasible
alternatives, including technologies for recapture and destruction of
methyl bromide for quarantine and pre-shipment applications.
 
  SEC. 2.    Section 14083 is added to the Food and
Agricultural Code, to read:
   14083.  The department shall conduct a review of the assessment
undertaken pursuant to the eighth meeting of the Conference of the
Parties to the Vienna Convention for the Protection of the Ozone
Layer and the twentieth meeting of the Parties to the Montreal
Protocol on Substances that Deplete the Ozone Layer by the Technology
and Economic Assessment Panel regarding methyl bromide, and comment
on the findings of the panel, focusing on those issues that are
relevant to California, including, but not limited to, alternatives
to methyl bromide, the options or possibilities for recapture,
containment, and recycling of methyl bromide, and technologies that
could reduce or prevent emissions. The department shall submit the
review and comments to the Legislature in a timely manner after the
publishing of the assessment by the Technology and Economic
Assessment Panel.