Bill Text: CA AB2824 | 2015-2016 | Regular Session | Amended
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
BILL NUMBER: AB 2824 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
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 15151.5, 19204.7, 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
results, as well as other available election data, on its Internet
Web site beginning on election night and continuing 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
by December 31, 2017, 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.
Existing law requires the Secretary of State to certify or
conditionally approve a voting system prior to any election at which
it is to be used, as specified. Existing law specifically prohibits
the Secretary of State from certifying or conditionally approving a
voting system that lacks certain features.
This bill would in addition prohibit the Secretary of State from
certifying or conditionally approving a voting system after December
31, 2017, that is not capable of generating information contained in
the statement of the result in both downloadable spreadsheet and
Election Markup Language (EML) formats and enabling data to be
transferred from this system to an external digital medium, as
specified.
By imposing additional obligations on county elections 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 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 vote by mail 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) (1) Following commencement of the
semifinal official canvass, a county elections official shall post
the information described in subdivision (a) at the end of election
night, daily through the first Friday after election day, and,
thereafter, weekly on Fridays until the results are certified
pursuant to Section 15372.
(2) Notwithstanding paragraph (1), if at any time the required
information has not changed since the time it was last posted, the
county elections official may post a statement to that effect in lieu
of reposting the information described in subdivision (a).
(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 19204.7 is added to the
Elections Code , to read:
19204.7. After December 31, 2017, the Secretary of State shall
not certify or conditionally approve any voting system that is not
capable of all of the following:
(1) Generating the information described in paragraph (1) of
subdivision (a) of Section 15151.5 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) Enabling data to be transferred from the system to an external
digital medium so that the data can safely be transferred to a
computer connected to the Internet.
SEC. 3. SEC. 4. 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 shall, by December 31, 2017,
propose a modification to the Secretary of State for approval
pursuant to Section 19216.
SEC. 4. SEC. 5. 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.
