Bill Text: CA AB2562 | 2013-2014 | Regular Session | Chaptered
Bill Title: Elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 909, Statutes of 2014. [AB2562 Detail]
Download: California-2013-AB2562-Chaptered.html
BILL NUMBER: AB 2562 CHAPTERED
BILL TEXT
CHAPTER 909
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member Fong
FEBRUARY 21, 2014
An act to amend Section 5091 of the Education Code, to amend
Sections 100, 105, 2102, 2107, 9020, 9285, 14300, 17301, 17302, and
19202 of, and to repeal Section 10552 of, the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2562, Fong. Elections.
(1) Existing law provides that whenever a vacancy occurs or a
resignation containing a deferred effective date has been filed with
the county superintendent of schools, the school district or
community college district governing board is required, within 60
days, to either order an election or make a provisional appointment.
Existing law provides that if a provisional appointment is made, the
registered voters of the district may, within 30 days, petition for a
special election to fill the vacancy, and requires a specified
number of registered voters of the district to sign the petition.
This bill would clarify the meaning of "registered voters" of the
district for purposes of those provisions.
(2) Under existing law, a person may not be registered to vote
except by affidavit of registration. Existing law requires a properly
executed registration to be deemed effective upon receipt of the
affidavit of registration by the county elections official if the
affidavit is postmarked, submitted to the Department of Motor
Vehicles or a voter registration agency, or delivered to the county
elections official by other means on or before the 15th day prior to
the election.
This bill would also require the registration to be deemed
effective upon receipt of the affidavit by the county elections
official if the affidavit is submitted electronically on the Internet
Web site of the Secretary of State on or before the 15th day prior
to the election.
(3) Existing law entitles only an eligible registered voter to
sign an initiative, referendum, recall, nominating petition or paper,
or any other petition or paper and requires each signer to
personally affix his or her signature, printed name, and place of
residence on the petition or paper. Existing law requires the
elections official, when verifying signatures on a petition or paper,
to determine that the residence address on the petition or paper is
the same as the residence address on the affidavit of registration.
If the addresses are different, the petition or paper does not
specify the residence address, or certain information is not
included, existing law requires that the affected signature not be
counted as valid.
This bill would prohibit an elections official who is verifying
signatures on a petition or paper from invalidating a signature for
an incomplete or inaccurate apartment or unit number in the residence
address.
(4) Existing law requires the county elections official to file
with the Secretary of State a statement containing specified
information for each election in the county held pursuant to the
Uniform District Election Law. Existing law requires the county
elections official to file the statement no later than December 31
immediately following a general district election.
This bill would repeal these provisions.
(5) Existing law regulates generally the issuing of ballots on
election day as well as the use of direct recording electronic voting
systems. Existing law defines the terms "direct recording electronic
voting system" and "paper record copy" for purposes of these
provisions.
This bill would correct erroneous cross references to the code
section that defines those terms.
This bill would incorporate additional changes to Section 2102 of
the Elections Code proposed by SB 113 that would become operative
only if SB 113 and this bill are both chaptered and become effective
on or before January 1, 2015, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5091 of the Education Code is amended to read:
5091. (a) (1) If a vacancy occurs, or if a resignation has been
filed with the county superintendent of schools containing a deferred
effective date, the school district or community college district
governing board shall, within 60 days of the vacancy or the filing of
the deferred resignation, either order an election or make a
provisional appointment to fill the vacancy. A governing board member
may not defer the effective date of his or her resignation for more
than 60 days after he or she files the resignation with the county
superintendent of schools.
(2) In the event that a governing board fails to make a
provisional appointment or order an election within the prescribed
60-day period as required by this section, the county superintendent
of schools shall order an election to fill the vacancy.
(b) When an election is ordered, it shall be held on the next
established election date provided pursuant to Chapter 1 (commencing
with Section 1000) of Division 1 of the Elections Code not less than
130 days after the order of the election.
(c) (1) If a provisional appointment is made within the 60-day
period, the registered voters of the district may, within 30 days
from the date of the appointment, petition for the conduct of a
special election to fill the vacancy. A petition shall be deemed to
bear a sufficient number of signatures if signed by at least the
number of registered voters of the district equal to 11/2 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members, or 25 registered
voters, whichever is greater. However, in districts with less than
2,000 registered voters, a petition shall be deemed to bear a
sufficient number of signatures if signed by at least 5 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members.
(2) The petition shall be submitted to the county superintendent
of schools having jurisdiction who shall have 30 days to verify the
signatures. If the petition is determined to be legally sufficient by
the county superintendent of schools, the provisional appointment is
terminated, and the county superintendent of schools shall order a
special election to be conducted no later than the 130th day after
the determination. However, if an established election date, as
defined in Section 1000 of the Elections Code, occurs between the
130th day and the 150th day following the order of the election, the
county superintendent of schools may order the special election to be
conducted on the established election date.
(3) For purposes of this section, "registered voters" means the
following:
(A) If the district uses the at-large method of election, as
defined in subdivision (a) of Section 14026 of the Elections Code,
registered voters of the entire school district or community college
district.
(B) If the district uses district-based elections, as defined in
subdivision (b) of Section 14026 of the Elections Code, registered
voters of the election district.
(d) A provisional appointment made pursuant to subdivision (a)
confers all powers and duties of a governing board member upon the
appointee immediately following his or her appointment.
(e) A person appointed to fill a vacancy shall hold office only
until the next regularly scheduled election for district governing
board members that is scheduled 130 or more days after the effective
date of the vacancy, whereupon an election shall be held to fill the
vacancy for the remainder of the unexpired term. A person elected at
an election to fill the vacancy shall hold office for the remainder
of the term in which the vacancy occurs or will occur.
(f) (1) If a petition calling for a special election is
circulated, the petition shall meet all of the following
requirements:
(A) The petition shall contain the estimate of the elections
official of the cost of conducting the special election.
(B) The name and residence address of at least one, but not more
than five, of the proponents of the petition shall appear on the
petition, each of which proponents shall be a registered voter of the
school district or community college district, as applicable.
(C) None of the text or other language of the petition shall
appear in less than six-point type.
(D) The petition shall be prepared and circulated in conformity
with Sections 100 and 104 of the Elections Code.
(2) If any of the requirements of this subdivision are not met as
to any petition calling for a special election, the county
superintendent of schools shall not verify the signatures, nor shall
any further action be taken with respect to the petition.
(3) No person shall permit the list of names on petitions
prescribed by this section to be used for any purpose other than
qualification of the petition for the purpose of holding an election
pursuant to this section.
(4) The petition filed with the county superintendent of schools
shall be subject to the restrictions in Section 6253.5 of the
Government Code.
(g) Elections held pursuant to subdivisions (b) and (c) shall be
conducted in as nearly the same manner as practicable as other
governing board member elections.
SEC. 2. Section 100 of the Elections Code, as enacted by Section 2
of Chapter 920 of the Statutes of 1994, is amended to read:
100. (a) Notwithstanding any other provision of law, whenever an
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of a
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign it.
(b) A signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, including the street and number of the place of residence,
and if no street or number for the place of residence exists, then a
designation of the place of residence that will enable the location
to be readily ascertained. An incomplete or inaccurate apartment or
unit number in the signer's residence address shall not invalidate
his or her signature pursuant to Section 105. A space at least one
inch wide shall be left blank after each name for the use of the
elections official in verifying the petition or paper.
(c) The part of a petition for the signatures, printed names, and
residence addresses of the voters and for the blank spaces for
verification purposes shall be numbered consecutively commencing with
the number one and continuing through the number of signature spaces
allotted to each section. The petition format shall be substantially
in the following form:
Official
Use
Only
+------------------+------------------+------------+
| | | |
|(Print Name) |(Residence | |
| |Address | |
| |ONLY) | |
|1. _______________| | |
|(Signature) |__________________| |
| |(City) | |
| | | |
+------------------+------------------+------------+
| | | |
|(Print Name) |(Residence | |
| |Address | |
| |ONLY) | |
|2. _______________| | |
|(Signature) |__________________| |
| |(City) | |
| | | |
+------------------+------------------+------------+
SEC. 3. Section 100 of the Elections Code, as amended by Section 1
of Chapter 364 of the Statutes of 2009, is amended to read:
100. (a) Notwithstanding any other provision of law, whenever an
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of a
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign the
petition or paper. A person who submits his or her affidavit of
registration pursuant to subdivision (d) of Section 2102 is not
eligible to sign a petition or paper unless at the time of the
signing of the petition or paper he or she is 18 years of age.
(b) A signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, including the street and number of the place of residence,
and if no street or number for the place of residence exists, then a
designation of the place of residence that will enable the location
to be readily ascertained. An incomplete or inaccurate apartment or
unit number in the signer's residence address shall not invalidate
his or her signature pursuant to Section 105. A space at least one
inch wide shall be left blank after each name for the use of the
elections official in verifying the petition or paper.
(c) The part of a petition for the signatures, printed names, and
residence addresses of the voters and for the blank spaces for
verification purposes shall be numbered consecutively commencing with
the number one and continuing through the number of signature spaces
allotted to each section. The petition format shall be substantially
in the following form:
Official
Use
Only
+------------------+------------------+------------+
| (Print Name) | (Residence | |
|1. _______________| Address | |
| (Signature) | ONLY) | |
| |_________________ | |
| | (City) | |
+------------------+------------------+------------+
| | (Residence | |
| | Address | |
| (Print Name) | ONLY) | |
|2. _______________|_________________ | |
| (Signature) | (City) | |
+------------------+------------------+------------+
SEC. 4. Section 105 of the Elections Code is amended to read:
105. (a) (1) For purposes of verifying a signature on an
initiative, referendum, recall, nomination, or other election
petition or paper, the elections official shall determine that the
residence address on the petition or paper is the same as the
residence address on the affidavit of registration. If the addresses
are different, or if the petition or paper does not specify the
residence address, or, in the case of an initiative or referendum
petition, the information specified in Section 9020 is not contained
in the petition, the affected signature shall not be counted as
valid.
(2) Notwithstanding paragraph (1), the elections official shall
not invalidate a signature for an incomplete or inaccurate apartment
or unit number in the signer's residence address.
(b) A signature invalidated pursuant to this section shall not
affect the validity of another valid signature on the particular
petition or paper.
SEC. 5. Section 2102 of the Elections Code, as amended by Section
2 of Chapter 899 of the Statutes of 2000, is amended to read:
2102. (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.
SEC. 6. Section 2102 of the Elections Code, as amended by Section
2 of Chapter 364 of the Statutes of 2009, is amended to read:
2102. (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.
(d) A person who is at least 17 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.
SEC. 6.5. Section 2102 of the Elections Code, as amended by
Section 2 of Chapter 364 of the Statutes of 2009, is amended to read:
2102. (a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraph (1) and (2) on or
before the 15th day prior to the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.
(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.
SEC. 7. Section 2107 of the Elections Code, as amended by Section
3 of Chapter 899 of the Statutes of 2000, is amended to read:
2107. (a) Except as provided in subdivision (b), the county
elections official shall accept affidavits of registration at all
times except during the 14 days immediately preceding an election,
when registration shall cease for that election as to electors
residing in the territory within which the election is held.
Transfers of registration for an election may be made from one
precinct to another precinct in the same county at any time
registration is in progress in the precinct to which the elector
seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
SEC. 8. Section 2107 of the Elections Code, as amended by Section
1 of Chapter 497 of the Statutes of 2012, is amended to read:
2107. (a) Except as provided in subdivision (b) and Article 4.5
(commencing with Section 2170), the county elections official shall
accept affidavits of registration at all times except during the 14
days immediately preceding an election, when registration shall cease
for that election as to electors residing in the territory within
which the election is held. Transfers of registration for an election
may be made from one precinct to another precinct in the same county
at any time registration is in progress in the precinct to which the
elector seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) A mailed affidavit is postmarked on or before the 15th day
prior to the election and received by mail by the county elections
official before the close of the polls on election day.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) on or before
the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
SEC. 9. Section 9020 of the Elections Code is amended to read:
9020. (a) The petition sections shall be designed so that each
signer shall personally affix all of the following:
(1) His or her signature.
(2) His or her printed name.
(3) His or her residence address, giving street and number, or if
no street or number exists, adequate designation of residence so that
the location may be readily ascertained. An incomplete or inaccurate
apartment or unit number in his or her residence address shall not
invalidate his or her signature pursuant to Section 105.
(4) The name of his or her incorporated city or unincorporated
community.
(b) Only a person who is a qualified registered voter at the time
of signing the petition is entitled to sign it.
(c) The number of signatures attached to each section shall be at
the pleasure of the person soliciting the signatures.
SEC. 10. Section 9285 of the Elections Code is amended to read:
9285. (a) (1) When an argument in favor and an argument against a
measure have been selected to be printed in the ballot pamphlet, the
elections official shall send a copy of the argument in favor of the
measure to the authors of the argument against the measure and a
copy of an argument against the measure to the authors of the
argument in favor of the measure.
(2) The author or a majority of the authors of an argument
relating to a city measure may prepare and submit a rebuttal argument
or may authorize in writing any other person or persons to prepare,
submit, or sign the rebuttal argument.
(3) No rebuttal argument may exceed 250 words.
(4) A rebuttal argument relating to a city measure shall be filed
with the elections official no later than 10 days after the final
filing date for primary arguments.
(5) A rebuttal argument relating to a city measure may not be
signed by more than five persons and shall be printed in the same
manner as a direct argument and shall immediately follow the direct
argument which it seeks to rebut.
(b) Subdivision (a) applies only if, not later than the day on
which the legislative body calls an election, the legislative body
adopts its provisions by majority vote, in which case subdivision (a)
applies at the next ensuing municipal election and at each municipal
election thereafter, unless later repealed by the legislative body
in accordance with the procedures of this subdivision.
SEC. 11. Section 10552 of the Elections Code is repealed.
SEC. 12. Section 14300 of the Elections Code is amended to read:
14300. (a) In the case of an election for a state or federal
office, each polling place using a direct recording electronic voting
system, as defined by Section 19271, the elections official shall
provide paper ballots equivalent to the following percentages:
(1) For a statewide general election, no less than 10 percent of
the registered voters in the polling place.
(2) For a statewide direct primary election, for each
partisan ballot form for which at least 10 percent of the registered
voters in the polling place are eligible to request, no less than 5
percent of the registered voters in the precinct eligible to request
that ballot form at the polling place. For nonpartisan voters, the
total number of paper ballots among all ballot forms that they are
eligible to request shall be no less than 5 percent of registered
nonpartisan voters at the polling place.
(3) For any other state or federal election contest, no less than
5 percent of registered voters at the polling place.
(4) For purposes of this section, the number of registered voters
shall be based on the registration on the 88th day prior to the day
of the election.
(b) The elections official shall establish procedures for the use
of the paper ballots described in this section in the event the
direct recording electronic voting system becomes nonfunctional.
(c) Upon request, the precinct board shall provide a paper ballot
to a voter, regardless of the availability of the direct recording
electronic voting system, as long as supplies remain available.
(d) The paper ballots described in this section may consist of
provisional ballots.
(e) Any vote cast on a provisional ballot subject to this section
by an otherwise qualified voter shall be counted as a regular ballot
and shall not be subject to the requirements of Section 14310.
SEC. 13. Section 17301 of the Elections Code is amended to read:
17301. (a) The following provisions shall apply to those
elections where candidates for one or more of the following offices
are voted upon: President, Vice President, United States Senator, and
United States Representative.
(b) The packages containing the following ballots and
identification envelope shall be kept by the elections official,
unopened and unaltered, for 22 months from the date of the election:
(1) Voted polling place ballots.
(2) Paper record copies, as defined by Section 19271, if any, of
voted polling place ballots.
(3) Voted vote by mail voter ballots.
(4) Vote by mail voter identification envelopes.
(5) Voted provisional voter ballots.
(6) Provisional ballot voter identification envelopes.
(7) Spoiled ballots.
(8) Canceled ballots.
(9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
(10) Ballot receipts.
(c) If a contest is not commenced within the 22-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the 22-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the ballots
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
SEC. 14. Section 17302 of the Elections Code is amended to read:
17302. (a) The following provisions shall apply to all state or
local elections not provided for in subdivision (a) of Section 17301.
An election is not deemed a state or local election if votes for
candidates for federal office may be cast on the same ballot as votes
for candidates for state or local office.
(b) The packages containing the following ballots and
identification envelopes shall be kept by the elections official,
unopened and unaltered, for six months from the date of the election:
(1) Voted polling place ballots.
(2) Paper record copies, as defined by Section 19271, if any, of
voted polling place ballots.
(3) Voted vote by mail voter ballots.
(4) Vote by mail voter identification envelopes.
(5) Voted provisional voter ballots.
(6) Provisional ballot voter identification envelopes.
(7) Spoiled ballots.
(8) Canceled ballots.
(9) Unused vote by mail ballots surrendered by the voter pursuant
to Section 3015.
(10) Ballot receipts.
(c) If a contest is not commenced within the six-month period, or
if a criminal prosecution involving fraudulent use, marking or
falsification of ballots, or forgery of vote by mail voters'
signatures is not commenced within the six-month period, either of
which may involve the vote of the precinct from which voted ballots
were received, the elections official shall have the packages
destroyed or recycled. The packages shall otherwise remain unopened
until the ballots are destroyed or recycled.
SEC. 15. Section 19202 of the Elections Code is amended to read:
19202. (a) Except as authorized by Section 19209, a voting
system, in whole or in part, shall not be used unless it has been
certified or conditionally approved by the Secretary of State prior
to any election at which it is to be used.
(b) A voting system that has been tested and approved for use in
all elections by the Secretary of State before January 1, 2014, shall
be deemed certified or conditionally approved by the Secretary of
State and may be used in an election subject to any conditions placed
on the use of the voting system by the Secretary of State before
January 1, 2014, including conditions imposed in the reapproval
documents issued by the Secretary of State in 2007 and 2008 following
the Top-to-Bottom Review, and its subsequent revisions. The voting
systems described in this subdivision shall remain subject to review
and decertification by the Secretary of State at any time pursuant to
Section 19232.
(c) A vendor or county that has submitted a voting system for
federal qualification before September 1, 2013, upon obtaining
federal qualification before January 1, 2015, may request approval of
the voting system from the Secretary of State based on the
examination and review requirements in place before January 1, 2014.
(d) A jurisdiction shall not purchase or contract for a voting
system unless it has been certified or conditionally approved by the
Secretary of State.
(e) Notwithstanding subdivision (d), a local jurisdiction may
contract and pay for the following:
(1) Research and development of a new voting system that has not
been certified or conditionally approved by the Secretary of State
and uses only nonproprietary software and firmware with disclosed
source code, except for unmodified commercial off-the-shelf software
and firmware, as defined in paragraph (1) of subdivision (a) of
Section 19209.
(2) Manufacture of the minimum number of voting system units
reasonably necessary for either of the following purposes:
(A) To test and seek certification or conditional approval of the
voting system pursuant to Sections 19210 to 19214, inclusive.
(B) To test and demonstrate the capabilities of the voting system
in a pilot program pursuant to paragraph (2) of subdivision (b) of,
and subdivision (c) of, Section 19209.
SEC. 16. Section 6.5 of this bill incorporates amendments to
Section 2102 of the Elections Code proposed by both this bill and SB
113. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2015, (2) each bill amends
Section 2102 of the Elections Code, and (3) this bill is enacted
after SB 113, in which case Section 6 of this bill shall not become
operative.
