Bill Text: CA AB2824 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: precinct reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2824 Detail]

Download: California-2015-AB2824-Amended.html

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BILL NUMBER: AB 2824	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2016

INTRODUCED BY   Assembly Member Thurmond

                        FEBRUARY 19, 2016

   An act to amend Section 15372 of, and to add Sections 15151.5 and
19216.5 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2824, as amended, Thurmond. Elections: precinct reports.
   Existing law requires an elections official to transmit the
semifinal official results to the Secretary of State following
commencement of the semifinal official canvass. After the official
canvass, existing law requires an elections official to prepare a
certified statement of the results of the election and submit it to
the governing body. The elections official must also post the
certified statement of the results on his or her Internet Web site in
a downloadable spreadsheet format that may include a comma-separated
values file or a tab-separated values file and that is compatible
with a spreadsheet software application that is widely used at the
time of the posting. Existing law requires the certified statement of
the election results to be posted and maintained on the elections
official's Internet Web site for a period of at least 10 years
following the election.
   This bill would require a county with the technical capacity to do
so to post the information contained in the statement of the
 result,   results,  as well as other
available election data, on its Internet Web site beginning on
election night and continuing  daily   as
specified  until the election results are certified. This bill
would require the county to post this information in downloadable
spreadsheet and Election Markup Language (EML) formats, as specified.
This bill would also decrease to 22 months the amount of time the
certified statement of election results must be posted and maintained
on the elections official's Internet Web site.
   This bill would also require a county elections official to
propose a modification of its voting system to the Secretary of State
for approval if modification of that system would enable the county
to post required information on its Internet Web site immediately
following the election, as specified.
   By imposing additional obligations on  a  county
elections  official,   officials,  this
bill 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 15151.5 is added to the Elections Code, to
read:
   15151.5.  (a) A county with the technical capacity to do so shall
post the following information on its Internet Web site:
   (1) A statement of the  result   results
 showing all of the following:
   (A) The total number of ballots cast.
   (B) The number of votes cast at each precinct for each candidate
and for and against each measure.
   (C) The total number of votes cast for each candidate and for and
against each measure.
   (D) The number of votes cast in each city, Assembly district,
congressional district, senatorial district, State Board of
Equalization district, and supervisorial district located in whole or
in part in the county, for each candidate for the offices of
presidential elector and all statewide offices, depending on the
offices to be filled, and on each statewide ballot proposition.
   (2) Precinct data for absentee ballots, provisional ballots,
spoiled ballots, and any other data readily available on the computer
system.
   (b) (1) Except as provided in paragraph (2), a county shall
provide the information required by subdivision (a) in both
downloadable spreadsheet and Election Markup Language (EML) formats.
The spreadsheet may include a comma-separated values file or a
tab-separated values file that is compatible with a spreadsheet
software application widely used at the time of the posting.
   (2)  A county that does not have the technical capacity to provide
the information in both formats described in paragraph (1) shall
provide the information in whichever format it is able.
   (c) Following commencement of the semifinal official 
canvas,   canvass,  a county elections official
shall post the information described in subdivision (a) 
every two hours on   at the end of  election
 night and   night,  daily 
thereafter,   through the first Friday after election
day, and, thereafter, weekly on Fridays  until the results are
certified pursuant to Section 15372.
   (d) A county that could comply with this section if its voting
system were modified shall comply with Section 19216.5
  SEC. 2.  Section 15372 of the Elections Code is amended to read:
   15372.  (a) The elections official shall prepare a certified
statement of the results of the election and submit it to the
governing body within 30 days of the election or, in the case of
school district, community college district, county board of
education, or special district elections conducted on the first
Tuesday after the first Monday in November of odd-numbered years, no
later than the last Monday before the last Friday of that month.
   (b) The elections official shall post the certified statement of
the results of the election on his or her Internet Web site in a
downloadable spreadsheet format that may include, but is not limited
to, a comma-separated values file or a tab-separated values file and
that is compatible with a spreadsheet software application that is
widely used at the time of the posting. The certified statement of
the election results shall be posted and maintained on the elections
official's Internet Web site for a period of at least 22 months
following the election. This subdivision shall apply only to an
elections official who uses a computer system that has the capability
of producing the election results in a downloadable spreadsheet
format without requiring modification of the computer system.
  SEC. 3.  Section 19216.5 is added to the Elections Code, to read:
   19216.5.  A county elections official of a county that could
comply with Section 15151.5 if its voting system were modified shall
propose a modification to the Secretary of State for approval
pursuant to Section 19216.
  SEC. 4.  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.