Bill Text: CA AB895 | 2009-2010 | Regular Session | Introduced
Bill Title: Elections: primary election ballots.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB895 Detail]
Download: California-2009-AB895-Introduced.html
BILL NUMBER: AB 895 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Furutani
FEBRUARY 26, 2009
An act to amend Sections 14102 and 14272 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 895, as introduced, Furutani. Elections: primary election
ballots.
(1) Existing law requires an elections official to provide a
sufficient number of official ballots in each precinct to reasonably
meet the needs of the voters in that precinct on election day using
the precinct's voter turnout history as the criterion, but in no case
shall the number of official ballots be less than 75% of registered
voters in the precinct, and to provide the additional number of
ballots that may be necessary for vote by mail and emergency
purposes.
This bill would also require an elections official to provide a
sufficient number of ballots of each qualified political party in
each precinct to reasonably meet the needs of the voters not
registered as intending to affiliate with any one of the political
parties participating in the election who request a partisan ballot.
(2) Under existing law, before each voter enters the voting booth,
the precinct board is required to inform him or her how to operate
the voting device. If a marking or punching device is used, the voter
must be instructed to use only that device. Also, the voter is
instructed how to fold the ballot and place it in the envelope. If
any voter, after entering the booth, asks for information regarding
the operation of the machine or device, the precinct board must give
him or her the information.
The bill would additionally require the precinct board, before
each voter not registered as intending to affiliate with any one of
the political parties participating in the election enters the voting
booth, to provide a notice to the voter at a primary election that
identifies those ballots that the voter is eligible to cast at that
election and to provide the voter with any eligible ballot they
request. The bill would also require that the notice given by the
precinct board be translated into a language other than English in
accordance with the federal Voting Rights Act of 1965 and existing
state law.
(3) By requiring a higher level of service from local elections
officials, the bill would impose a state-mandated local program.
(4) 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. This act shall be known as the Elections Reform Act of
2009.
SEC. 2. Section 14102 of the Elections Code is amended to read:
14102. (a) (1) For each statewide election, the elections
official shall provide a sufficient number of official ballots in
each precinct to reasonably meet the needs of the voters in that
precinct on election day using the precinct's voter turnout history
as the criterion, but in no case shall this number be less than 75
percent of registered voters in the precinct, and for vote by mail
and emergency purposes shall provide the additional number of ballots
that may be necessary.
(2) The number of party ballots to be furnished to any precinct
for a primary election shall be computed from the number of voters
registered in that precinct as intending to affiliate with a party,
and the number of nonpartisan ballots to be furnished to any precinct
shall be computed from the number of voters registered in that
precinct without statement of intention to affiliate with any of the
parties participating in the primary election.
(3) The elections official shall also
provide a sufficient number of ballots of each qualified political
party in each precinct to reasonably meet the needs of the voters not
registered as intending to affiliate with any one of the political
parties participating in the election who request a ballot of a
qualified political party pursuant to subdivision (b) of Section
14272.
(b) For all other elections, the elections official shall provide
a sufficient number of official ballots in each precinct to
reasonably meet the needs of the voters in that precinct on election
day, using the precinct's voter turnout history as the criterion, but
in no case shall this number be less than 75 percent of the number
of registered voters in the precinct, and for vote by mail and
emergency purposes shall provide the additional number of ballots
that may be necessary.
SEC. 3. Section 14272 of the Elections Code is amended to read:
14272. (a) Before each voter enters the
voting booth, the precinct board shall inform him or her how to
operate the voting device. If a marking or punching device is used,
the voter shall be instructed to use only that device. The voter
shall also be instructed how to fold the ballot and place it
the ballot in the envelope. If any voter, after
entering the booth, asks for information regarding the operation of
the machine or device, the precinct board shall give him or her the
information.
(b) At a primary election, in addition to the requirements
described in subdivision (a), before each voter not registered as
intending to affiliate with any one of the political parties
participating in the election enters the voting booth, the precinct
board shall provide a written notice to the voter that identifies
those ballots that the voter is eligible to cast at that election.
The notice required by this subdivision shall be translated into a
language other than English in accordance with Section 14201 of this
code and Section 203 (42 U.S.C. Sec. 1973aa-1a) and Section 4(f)(4)
(42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of
1965.
(c) At a primary election, each voter not registered as intending
to affiliate with one of the political parties participating in the
election may verbally, or in writing, request a partisan ballot that
he or she is eligible to vote on at that election, prior to entering
the voting booth.
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.
